S.B. No. 1646 aims to enhance the legal framework surrounding the theft and unauthorized possession of copper and brass materials, particularly in relation to critical infrastructure facilities. The bill expands the definition of "critical infrastructure facility" to include telecommunications and video service providers and establishes new criminal offenses for damaging or stealing copper or brass components from these facilities. It introduces a third-degree felony for offenses that impair the functioning of critical infrastructure and a state jail felony for unauthorized possession of copper or brass materials unless the possessor meets specific authorization criteria. Additionally, the bill mandates the creation of educational materials for metal recycling entities to help identify potentially stolen copper or brass materials, thereby aiming to reduce theft incidents.

The bill also amends the Occupations Code to regulate the purchase and acquisition of copper and brass materials by metal recycling entities, requiring sellers to have acquired these materials legitimately and mandating accurate record-keeping of transactions. It prohibits local governments from enacting stricter regulations than those established in the bill. Furthermore, the Department of Public Safety is tasked with conducting a study every three years to assess the impact of these regulations on theft incidents, with findings to be publicly available. The bill includes provisions for administrative penalties for non-compliance by metal recycling entities, with penalties capped at $10,000, and is set to take effect on September 1, 2025, unless expedited by a two-thirds vote.

Statutes affected:
Introduced: Penal Code 28.03, Penal Code 31.01, Penal Code 31.03, Penal Code 545.420 (Penal Code 28, Penal Code 545, Penal Code 31)
Senate Committee Report: Penal Code 28.03, Penal Code 31.01, Penal Code 31.03, Penal Code 545.420 (Penal Code 28, Penal Code 545, Penal Code 31)
Engrossed: Penal Code 28.03, Penal Code 31.01, Penal Code 31.03, Penal Code 545.420, Occupations Code 1956.001, Subchapter A- , Chapter , Occupations Code 66.002 (Penal Code 28, Penal Code 545, Subchapter A- , Chapter , Occupations Code 66, Penal Code 31, Occupations Code 1956)