S.B. No. 1646 aims to combat criminal activities related to the theft, damage, or destruction of copper and brass materials, particularly concerning critical infrastructure facilities. The bill classifies offenses involving the damage or destruction of these materials as a third-degree felony and establishes that unauthorized possession of certain copper or brass materials can result in a state jail felony, escalating to a third-degree felony if the materials were unlawfully obtained from critical infrastructure or if the offender has prior related convictions. Additionally, the bill enhances penalties for theft and damage involving these materials and outlines the specific types of critical infrastructure that are protected under this legislation.

To further support the metal recycling industry, the bill mandates the development of training materials to help identify stolen copper and brass materials, created in collaboration with various stakeholders. It also requires a study every three years to evaluate the effectiveness of existing regulations on theft incidents and cooperation between metal recycling entities and law enforcement. The bill establishes specific definitions and requirements for transactions involving copper and brass materials, including record-keeping obligations for metal recycling entities and limitations on purchasing from certain individuals. Importantly, local governments are prohibited from imposing additional restrictions beyond those specified in the new law, with the changes set to take effect on September 1, 2025, unless immediate approval is granted.

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