Relating to criminal conduct involving the theft, damage, or destruction of copper or brass or involving the unauthorized possession of certain copper or brass material, to transactions of metal recycling entities involving certain copper or brass material, to training on identifying certain copper or brass material, and to studying the effect of certain regulations on incidents of theft of copper or brass material; creating criminal offenses; increasing criminal penalties; providing an administrative penalty.
CriticalImmediate action required
Medium Cost
Effective:2025-09-01
Enforcing Agencies
Texas Department of Public Safety (DPS) • Public Safety Commission • Local Law Enforcement (Peace Officers) • County and Municipal Licensing Authorities
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Criminal penalties and purchase restrictions apply immediately).
Agency Rulemaking: The Public Safety Commission has until January 1, 2026, to finalize rules regarding documentation for burnt wire and seller identification.
*Warning:* This creates a four-month regulatory gap (Sept 1 – Jan 1). The law is enforceable, but the specific forms are undefined. You must adopt conservative internal standards immediately to survive this interim period.
Immediate Action Plan
1.Issue Authorization Cards: Immediately distribute "Authorization to Possess/Transport" letters or cards to all field employees and contractors handling copper/brass.
2.Update MRE Software: Reconfigure point-of-sale systems to require "Business Entity Verification" for all copper/brass transactions effective Sept 1.
3.Secure Job Sites: Audit fencing and signage at Critical Infrastructure sites to ensure they meet Penal Code 31.01 definitions, triggering the new 3rd Degree Felony enhancements for theft/damage.
4.Draft "Burnt Wire" Policy: Implement a strict "No Proof, No Purchase" policy for burnt wire effective immediately; do not wait for DPS rules.
Operational Changes Required
Contracts
Employment Agreements: Update handbooks for field staff (utilities, trades, construction). You must explicitly authorize them to possess scrap metal in company vehicles. Prohibit personal salvage to avoid conspiracy liability.
Subcontractor Agreements: General Contractors must amend agreements to clearly define ownership of scrap materials generated during demolition or installation. If a sub is transporting scrap, they require a contract copy or bill of lading to avoid arrest for "Unauthorized Possession."
Logistics/Bills of Lading: Transport contracts must specifically identify the copper/brass cargo and the owner. Generic "hauling" invoices are insufficient to prevent cargo seizure.
Hiring/Training
MRE Intake Staff: Train gate personnel to reject individual sellers of commercial copper/brass unless they provide proof of "apparent authority" to sell on behalf of a business entity.
Field Staff Credentialing: Issue "Certificates of Authority" or updated ID badges to all drivers and technicians who transport copper/brass, stating they are authorized agents of the company.
Burnt Wire Protocol: Train staff to reject *all* burnt insulated wire unless accompanied by a formal Fire Marshal’s report or insurance claim documentation, pending DPS rulemaking.
Reporting & Record-Keeping
MRE Transaction Records: Update intake software to mandate a "Seller Business Name" field. You can no longer record transactions solely under an individual's name for regulated materials.
72-Hour Production Rule: Ensure all transaction records (weight, date, seller entity, fire docs) are retrievable and producible to DPS or local law enforcement within 72 hours of a request.
Fire Salvage Documentation: Create a specific file for "Burnt Wire" purchases to house the required fire event documentation.
Fees & Costs
Administrative Fines: Budget for potential $10,000 administrative penalties per violation for failure to exercise due diligence in purchasing.
Legal Defense: Anticipate increased legal costs for defending against "Unauthorized Possession" charges if drivers are stopped without proper paperwork.
Strategic Ambiguities & Considerations
"Apparent Authority": The statute requires MREs to verify a seller has authority to sell for a business but does not define the proof required.
*Guidance:* Do not rely on verbal assertions. Require a letter on company letterhead *and* a matching company ID.
"Common Household Wire": The law exempts household wire from the commercial ban, but fails to define the quantity or type that constitutes "household."
*Guidance:* Law enforcement may view large volumes (e.g., 100+ lbs) of "household" wire as commercial theft. MREs should treat bulk household wire with the same scrutiny as commercial wire to avoid liability.
The Regulatory Gap (Sept 2025 - Jan 2026): The law demands "documentation acceptable under rules" for burnt wire before the rules exist.
*Guidance:* Set the standard higher than the law. Demand official government or insurance documentation until DPS lowers the bar.
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Copper theft and fiber vandalism of telecommunications infrastructure have risen exponentially in Texas because the price of copper has increased 500 percent since 2000. Theft and vandalism of critical communications infrastructure are serious matters that disrupt essential services for customers, public safety, and the greater community.
S.B. 1646 addresses these issues by modernizing the definition of critical infrastructure related to communications, increasing penalties for copper theft and fiber vandalism, banning unauthorized possession of copper, and increasing reporting requirements to deter bad actors. The bill seeks to protect critical infrastructure by deterring copper theft and fiber vandalism on telecommunication lines.
As proposed, S.B. 1646 amends current law relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities, creates criminal offenses, and provides an administrative penalty.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Public Safety Commission of Texas in SECTION 2.01 (Section 1956.134, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. CRIMINAL PENALTIES
SECTION 1.01. Amends Section 423.0045(a)(1-a), Government Code, to redefine "critical infrastructure facility."
SECTION 1.02. Amends Section 28.03(g), Penal Code, by adding Subdivision (10) to define "critical infrastructure facility."
SECTION 1.03. Amends Section 28.03, Penal Code, by adding Subsection (l), as follows:
(l) Provides that, notwithstanding Subsection (b) (relating to providing that an offense under Section 28.03 (Criminal Mischief) is a certain kind of offense if certain conditions are met), an offense under Section 28.03 is a felony of the third degree if the actor committed the offense by damaging or destroying a copper or brass component of a critical infrastructure facility or of equipment appurtenant to the facility or on which the facility depends to properly function, and the damage or destruction causes, wholly or partly, the impairment or interruption of the facility or that equipment.
SECTION 1.04. Amends Section 31.01, Penal Code, by adding Subdivisions (15) and (16) to define "critical infrastructure facility" and "firearm."
SECTION 1.05. Amends Section 31.03, Penal Code, by adding Subsection (f-2), as follows:
(f-2) Provides that an offense described for purposes of punishment by certain subsections of Section 31.03 (Theft) is increased to the next higher category of offense if it is shown on the trial of the offense that the property stolen was copper or brass and the actor committed the offense by unlawfully appropriating the property from a critical infrastructure facility or from equipment appurtenant to the facility or on which the facility depends to properly function.
SECTION 1.06. Amends Chapter 31, Penal Code, by adding Section 31.22, as follows:
Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR BRASS MATERIAL. (a) Defines "copper or brass material."
(b) Provides that a person commits an offense if the person intentionally or knowingly possesses copper or brass material and is not a person who is authorized under Subsection (c) to possess the copper or brass material.
(c) Provides that a person is presumed to be authorized to possess copper or brass material if the person meets certain requirements.
(d) Provides that the presumption established under Subsection (c) does not apply to a person who knows that the material was unlawfully obtained.
(e) Provides that, except as provided by Subsection (f), an offense under this section is a state jail felony.
(f) Provides that an offense under this section is a felony of the third degree if it is shown on the trial of the offense that:
(1) the copper or brass material was unlawfully obtained from a critical infrastructure facility; or
(2) the person has been previously convicted of an offense under this section; has been previously convicted of certain offenses with respect to copper or brass material; in connection with the offense, engaged in conduct with respect to copper or brass material constitutes certain offenses or conspiracies to commit an offense; or possessed a firearm during the commission of the offense.
(g) Authorizes the actor, if conduct constituting an offense under this section also constitutes an offense under any other law, to be prosecuted under this section, the other law, or both.
SECTION 1.07. Reenacts Section 71.02(a), Penal Code, as amended by Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B. 4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:
(a) Provides that a person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang or foreign terrorist organization, the person commits or conspires to commit certain offenses, including an offense under Section 28.03 that is punishable under certain provisions of that section, including Subsection (l), or an offense under Section 31.21 (Unauthorized Possession of Catalytic Converter) or 31.22 that is punishable under Subsection (d) (relating to providing that an offense under Section 31.21 is a state jail felony) or (e), respectively, of those sections.
Deletes text of existing Subsections (5-b) and (5-b) providing that a person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang or foreign terrorist organization, the person commits or conspires to commit any unlawful possession with intent to deliver a controlled substance or dangerous drug or unlawful possession with intent to deliver a controlled substance listed in Penalty Group 1-B under Section 481.1022 (Penalty Group 1-B), Health and Safety Code. Makes nonsubstantive changes �
SECTION 2.01. Amends Chapter 1956, Occupations Code, by adding Subchapter C-2, as follows:
SUBCHAPTER C-2. TRANSACTIONS INVOLVING CERTAIN COPPER OR BRASS MATERIAL
Sec. 1956.131. DEFINITION. Defines "copper or brass material."
Sec. 1956.132. APPLICABILITY; EFFECT OF LAW. (a) Provides that, notwithstanding any other provision of Chapter 1956 (Metal Recycling Entities), this subchapter applies to the purchase or acquisition, from a person described by Section 1956.002(1) (relating to providing that Chapter 1956 does not apply to a purchase of regulated material from certain entities), of copper or brass material.
(b) Provides that this subchapter does not affect any requirement under Subchapter A-3 (Practice by Certificate Holders), including any requirement applicable to the purchase or acquisition of copper or brass material from a person not described by Section 1956.002(1).
Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. Prohibits a metal recycling entity from purchasing or otherwise acquiring copper or brass material from a person described by Section 1956.002(1), unless each of the following is satisfied:
(1) the person selling the copper or brass material to the metal recycling entity acquired it in the ordinary course of the person's business, including in the ordinary course of business of certain entities; or
(2) any individual acting on behalf of the person described by Subdivision (1) who has apparent authority to enter into the transaction and is acting in the scope of that authority.
Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE. (a) Requires a metal recycling entity to maintain an accurate record of each transaction in which the entity purchases or otherwise acquires copper or brass material from a person described by Section 1956.133.
(b) Provides that a record meets the requirements of Subsection (a) if it contains certain information.
(c) Requires a metal recycling entity to preserve each record required by this section until the second anniversary of the date the record was made. Requires that the records be maintained in an easily retrievable format and be available for inspection as provided by Section 1956.135 not later than 72 hours after the time of purchase or acquisition.
(d) Provides that a record containing the information described by Subsection (b) that is maintained in accordance with other law or as a routine business practice satisfies the requirements of Subsection (a).
(e) Requires the Public Safety Commission (commission) by rule to prescribe the method by which a metal recycling entity is required to document in a record required by this section the type of seller, including a seller listed in Section 1956.133, from which the entity purchased or acquired copper or brass material.
(f) Provides that a metal recycling entity commits an offense if the entity intentionally or knowingly fails to maintain a record as required by this section. Provides that an offense under this subsection is a Class A misdemeanor.
Sec. 1956.135. INSPECTION OF RECORDS. Requires a metal recycling facility, on request, to permit a peace officer, a representative of the Department of Public Safety, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) (relating to authorizing a political subdivision of this state to issue a permit to a business to allow the business to act as a metal recycling entity in that county or municipality), during the entity's usual business hours, to enter the premises of the entity and inspect a record required to be maintained by Section 1956.134.
Sec. 1956.136. EFFECT ON LOCAL LAW. (a) Prohibits a county, municipality, or political subdivision of this state, notwithstanding Section 1956.003, with respect to copper or brass material, from restricting the purchase, acquisition, sale, transfer, or possession of the material by a person described by Section 1956.133 or alter or add to the recordkeeping requirements provided by Section 1956.134.
(b) Provides that Subsection (a) does not affect the authority of a county, municipality, or political subdivision of this state to issue a license or permit as provided by Section 1956.003 (Local Law; Criminal Penalty) or inspect a record as provided by Section 1956.135.
Sec. 1956.137. ADMINISTRATIVE PENALTY. (a) Authorizes the commission to impose an administrative penalty under Subchapter R (Administrative Penalty), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, on a metal recycling entity that violates Section 1956.133 due to the entity's failure to exercise due diligence in purchasing or acquiring copper or brass material or violates Section 1956.134.
(b) Prohibits the amount of the administrative penalty from exceeding $10,000.
ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
SECTION 3.01. Requires the Public Safety Commission, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement Subchapter C-2, Chapter 1956, Occupations Code, as added by this Act.
SECTION 3.02. Makes application of Sections 28.03 and 71.02 (Engaging in Organized Criminal Activity), Penal Code, as amended by this Act, prospective to September 1, 2025.
SECTION 3.03. Effective date: upon passage or September 1, 2025.
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1646 by King (Relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities; creating criminal offenses; providing an administrative penalty.), As Introduced
Expanding the conduct constituting and increasing the penalty for existing criminal offenses and creating new criminal offenses may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be applicable to existing offenses or would constitute the conduct of newly created offenses.
The bill would clarify and amend the meaning of critical infrastructure to include cable television services, Internet access services and, in certain circumstances, any part of a system on which certain emergency communications are dependent.
The bill would expand conduct constituting the offense of criminal mischief to include certain damage to copper or brass components of a critical infrastructure facility and make it punishable as a third degree felony.
The bill would expand the conduct constituting and increase the penalty for certain felony level theft offenses to include when copper or brass was stolen from a critical infrastructure facility or from its related equipment and make the offenses punishable at the next higher category of offense, specifically, from third degree to first degree punishment contingent upon the value of the copper or brass stolen.
The bill would create the offense of unauthorized possession of certain copper or brass material, committed when a person intentionally or knowingly possesses copper or brass material and lacks authorization, as defined in the bill, to do so, and make the offense punishable as a state jail felony or in certain circumstances as a third degree felony.
The bill would expand conduct constituting the offense of engaging in organized criminal activity to include as offense elements criminal mischief involving certain damage to copper or brass components of a critical infrastructure facility and unauthorized possession of certain copper or brass material, making the offense punishable at the next highest category of the element offense and, in the case of a first degree felony element offense, with a minimum fifteen year life imprisonment sentence.
The bill would create the Class A misdemeanor offense of intentional or knowing failure to maintain a record of purchase or acquisition of certain copper or brass material.
The bill would establish certain purchasing limitations, records requirements, and records inspection provisions for metal recycling entities, and would authorize the Public Safety Commission to impose a maximum $10,000 administrative penalty on a metal recycling entity which violates provisions relating to certain copper or brass purchase or acquisition limitations or required record keeping.
The Office of Court Administration indicates that the fiscal implications of the bill cannot be determined. While the Comptroller of Public Accounts indicates that the fiscal impact is indeterminate, the agency acknowledges that the bill's provisions may result in an increase in state revenue due to court costs. The Department of Public Safety indicates that the bill's provisions would have no significant fiscal implications.
Local Government Impact
While the fiscal impact cannot be determined, the bill's provisions may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or confined locally.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
JMc, MGol, AMr, DGI
Related Legislation
Explore more bills from this author and on related topics
SB1646 fundamentally alters the scrap metal supply chain by criminalizing the possession and transport of commercial copper and brass without specific written authorization, effective September 1, 2025. Metal Recycling Entities (MREs) are now effectively prohibited from purchasing commercial-grade metals from individuals not representing a verified business entity, with violations triggering immediate felony charges and administrative fines up to $10,000. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Criminal penalties and purchase restrictions apply immediately).
Q
Who authored SB1646?
SB1646 was authored by Texas Senator Phil King during the Regular Session.
Q
When was SB1646 signed into law?
SB1646 was signed into law by Governor Greg Abbott on May 30, 2025.
Q
Which agencies enforce SB1646?
SB1646 is enforced by Texas Department of Public Safety (DPS), Public Safety Commission, Local Law Enforcement (Peace Officers) and County and Municipal Licensing Authorities.
Q
How urgent is compliance with SB1646?
The compliance urgency for SB1646 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1646?
The cost impact of SB1646 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB1646 address?
SB1646 addresses topics including crimes, crimes--against property, criminal procedure, criminal procedure--general and utilities.
Legislative data provided by LegiScanLast updated: November 25, 2025
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