Relating to certain criminal offenses involving mail or a mail receptacle key or lock; creating a criminal offense; increasing a criminal penalty, the official text

S.B. No. 1281

AN ACT

relating to certain criminal offenses involving mail or a mail

receptacle key or lock; creating a criminal offense; increasing a

criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.20(a), Penal Code, is amended by

amending Subdivision (3) and adding Subdivision (4) to read as

follows:

(3) "Mail" means a letter, postal card, package, bag,

or other sealed article that:

(A) is delivered by a common carrier or delivery

service and:

(i) is in transit; or

(ii) has been delivered but not yet

received by the addressee; or

(B) has been left to be collected for delivery by

a common carrier or delivery service.

(4) "Negotiable instrument" has the meaning assigned

by Section 3.104, Business & Commerce Code.

SECTION 2. Section 31.20, Penal Code, is amended by

amending Subsections (b) and (d) and adding Subsections (b-1),

(b-2), (b-3), (d-1), and (e-1) to read as follows:

(b) A person commits an offense if the person intentionally

appropriates mail [from another person's mailbox or premises]

without the effective consent of the addressee and with the intent

to:

(1) deprive that addressee of the mail; or

(2) steal a negotiable instrument.

(b-1) If an actor possesses mail from five or more

addressees, there is a rebuttable presumption that actor

appropriated the mail without the effective consent of the

applicable addressee and with the intent to deprive the addressee

of the mail.

(b-2) If an actor possesses mail containing a combined total

of five or more negotiable instruments, there is a rebuttable

presumption that the actor:

(1) appropriated the mail without the effective

consent of the applicable addressee and with the intent to steal the

negotiable instruments; and

(2) committed the offense under this section with the

intent to facilitate an offense under Chapter 32.

(b-3) The presumptions established under Subsections (b-1)

and (b-2) do not apply to a business or other commercial entity or

governmental agency that is engaged in a business activity or

governmental function that does not violate a penal law of this

state.

(d) If it is shown on the trial of an offense under

Subsection (b)(1) [this section] that the appropriated mail

contained an item of identifying information and the actor

committed the offense with the intent to facilitate an offense

under Section 32.51, the [an] offense [under this section] is:

(1) a state jail felony if the mail is appropriated

from fewer than 10 addressees;

(2) a felony of the third degree if the mail is

appropriated from at least 10 but fewer than 20 addressees;

(3) a felony of the second degree if the mail is

appropriated from at least 20 but fewer than 50 addressees; or

(4) a felony of the first degree if the mail is

appropriated from 50 or more addressees.

(d-1) If it is shown on the trial of an offense under

Subsection (b)(2) that the appropriated mail contained a negotiable

instrument and the actor committed the offense with the intent to

facilitate an offense under Chapter 32, the offense is:

(1) a state jail felony if five or fewer negotiable

instruments are appropriated;

(2) a felony of the third degree if more than 5 but

fewer than 10 negotiable instruments are appropriated;

(3) a felony of the second degree if at least 10 but

fewer than 50 negotiable instruments are appropriated; or

(4) a felony of the first degree if 50 or more

negotiable instruments are appropriated.

(e-1) An offense described for purposes of punishment by

Subsection (d-1)(1), (2), or (3) is increased to the next higher

category of offense if it is shown on the trial of the offense that

at the time of the offense the actor knew or had reason to believe

that an addressee from whom the actor appropriated a negotiable

instrument was a disabled individual or an elderly individual.

SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended

by adding Section 32.56 to read as follows:

Sec. 32.56. UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY

OR LOCK. (a) In this section:

(1) "Mail" has the meaning assigned by Section 31.20.

(2) "Postal service" means:

(A) the United States Postal Service or a

contractor of the United States Postal Service; or

(B) any commercial courier that delivers mail.

(b) A person commits an offense if, with the intent to harm

or defraud another or to deprive another of that person's property,

the person obtains, possesses, duplicates, transfers, or uses a key

or lock adopted by a postal service for any box or other authorized

receptacle for the deposit or delivery of mail.

(c) An offense under this section is a felony of the third

degree, except that the offense is a felony of the second degree if

it is shown on the trial of the offense that the actor has been

previously convicted of an offense under this section.

SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1281 passed the Senate on

March 19, 2025, by the following vote: Yeas 29, Nays 2; and that

the Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1281 passed the House, with

amendment, on May 27, 2025, by the following vote: Yeas 96,

Nays 44, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor