H.B. No. 1178         AN ACT   relating to the punishment for burglary and theft involving   controlled substances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 30.01, Penal Code, is amended by adding   Subdivisions (4) and (5) to read as follows:                (4)  "Controlled substance" has the meaning assigned by   Section 481.002, Health and Safety Code.                (5)  "Wholesale distributor of prescription drugs"   means a wholesale distributor, as defined by Section 431.401,   Health and Safety Code.          SECTION 2.  Section 30.02, Penal Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  Except as provided in Subsection (c-1) or (d), an   offense under this section is a:                (1)  state jail felony if committed in a building other   than a habitation; or                (2)  felony of the second degree if committed in a   habitation.          (c-1)  An offense under this section is a felony of the third   degree if:                (1)  the premises are a commercial building in which a   controlled substance is generally stored, including a pharmacy,   clinic, hospital, nursing facility, or warehouse; and                (2)  the person entered or remained concealed in that   building with intent to commit a theft of a controlled substance.          SECTION 3.  Section 30.04(d), Penal Code, is amended to read   as follows:          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  the offense is a Class A misdemeanor with a minimum   term of confinement of six months if it is shown on the trial of the   offense that the defendant has been previously convicted of an   offense under this section; [and]                (2)  the offense is a state jail felony if:                      (A)  it is shown on the trial of the offense that   the defendant has been previously convicted two or more times of an   offense under this section; or                      (B)  the vehicle or part of the vehicle broken   into or entered is a rail car; and                (3)  the offense is a felony of the third degree if:                      (A)  the vehicle broken into or entered is owned   or operated by a wholesale distributor of prescription drugs; and                      (B)  the actor breaks into or enters that vehicle   with the intent to commit theft of a controlled substance.          SECTION 4.  Section 31.03(e), Penal Code, is amended to read   as follows:          (e)  Except as provided by Subsection (f), an offense under   this section is:                (1)  a Class C misdemeanor if the value of the property   stolen is less than $100;                (2)  a Class B misdemeanor if:                      (A)  the value of the property stolen is $100 or   more but less than $750;                      (B)  the value of the property stolen is less than   $100 and the defendant has previously been convicted of any grade of   theft; or                      (C)  the property stolen is a driver's license,   commercial driver's license, or personal identification   certificate issued by this state or another state;                (3)  a Class A misdemeanor if the value of the property   stolen is $750 or more but less than $2,500;                (4)  a state jail felony if:                      (A)  the value of the property stolen is $2,500 or   more but less than $30,000, or the property is less than 10 head of   sheep, swine, or goats or any part thereof under the value of   $30,000;                      (B)  regardless of value, the property is stolen   from the person of another or from a human corpse or grave,   including property that is a military grave marker;                      (C)  the property stolen is a firearm, as defined   by Section 46.01;                      (D)  the value of the property stolen is less than   $2,500 and the defendant has been previously convicted two or more   times of any grade of theft;                      (E)  the property stolen is an official ballot or   official carrier envelope for an election; or                      (F)  the value of the property stolen is less than   $20,000 and the property stolen is:                            (i)  aluminum;                            (ii)  bronze;                            (iii)  copper; or                            (iv)  brass;                (5)  a felony of the third degree if the value of the   property stolen is $30,000 or more but less than $150,000, or the   property is:                      (A)  cattle, horses, or exotic livestock or exotic   fowl as defined by Section 142.001, Agriculture Code, stolen during   a single transaction and having an aggregate value of less than   $150,000; [or]                      (B)  10 or more head of sheep, swine, or goats   stolen during a single transaction and having an aggregate value of   less than $150,000; or                      (C)  a controlled substance, having a value of   less than $150,000, if stolen from:                            (i)  a commercial building in which a   controlled substance is generally stored, including a pharmacy,   clinic, hospital, nursing facility, or warehouse; or                            (ii)  a vehicle owned or operated by a   wholesale distributor of prescription drugs;                (6)  a felony of the second degree if:                      (A)  the value of the property stolen is $150,000   or more but less than $300,000; or                      (B)  the value of the property stolen is less than   $300,000 and the property stolen is an automated teller machine or   the contents or components of an automated teller machine; or                (7)  a felony of the first degree if the value of the   property stolen is $300,000 or more.          SECTION 5.  Section 31.03(h), Penal Code, is amended by   adding Subdivisions (5) and (6) to read as follows:                (5)  "Controlled substance" has the meaning assigned by   Section 481.002, Health and Safety Code.                (6)  "Wholesale distributor of prescription drugs"   means a wholesale distributor, as defined by Section 431.401,   Health and Safety Code.          SECTION 6.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 7.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1178 was passed by the House on April   12, 2017, by the following vote:  Yeas 139, Nays 6, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1178 on May 21, 2017, by the following vote:  Yeas 133, Nays 7,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1178 was passed by the Senate, with   amendments, on May 19, 2017, by the following vote:  Yeas 30, Nays   1.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor