(a) In this section, “petroleum product” means crude oil, natural gas, or condensate.
(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:
(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or
(2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product.
Terms Used In Texas Penal Code 31.19
- Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Estates Code 505.051
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Estates Code 505.051
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Estates Code 505.051
- Person: means an individual, corporation, or association. See Texas Estates Code 505.051
- Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Estates Code 505.051
(c) Appropriation of a petroleum product is unlawful if it is without the owner’s effective consent.
(d) An offense under this section is:
(1) a state jail felony if the total value of the petroleum product appropriated is less than $10,000;
(2) a felony of the third degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000;
(3) a felony of the second degree if the total value of the petroleum product appropriated is $100,000 or more but less than $300,000; or
(4) a felony of the first degree if the total value of the petroleum product appropriated is $300,000 or more.