Theft of Petroleum Product: Texas Penal Code §31.19

The Texas Theft of Petroleum Product or Oil and Gas Equipment law covers unlawfully taking, handling, or trafficking crude oil, natural gas, condensate, or oil and gas equipment, including tapping pipelines or tanks, transporting petroleum product to a waste-disposal location when the initial owner cannot be identified, and storing, purchasing, or trading petroleum product by a method not authorized by the Railroad Commission of Texas.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.19 with the original offense title of simply Theft of Petroleum Product. It was enacted in 2017 and substantially amended in 2025 (effective September 1, 2025).The 2025 amendments added a companion offense for theft of oil and gas equipment, expanded petroleum-product conduct (including disposal-chain transport when the initial owner cannot be identified and RRC-unauthorized storing, purchasing, or trading), and raised the minimum penalty to a third degree felony while lowering the first-degree threshold to $100,000. Conduct before September 1, 2025 is governed by the prior version; conduct on or after that date is governed by the amended statute.

The legislature created this law in response to the shale boom in the Eagle Ford and the Permian Basin. Sophisticated hydrocarbon theft operations got the legislature’s attention. Legislators believed that a more specific, targeted oil and gas theft statute with a steeper penalty ladder would help stem the problem.

For conduct prior to September 1, 2025, violations of this offense are punished at the state jail felony level at a minimum, even for minimal amounts of theft. For offenses occurring after the 2025 update, all violations are punished at a minimum as a third-degree felony.

The Penal Code classifies the Texas Theft of Petroleum Product or Oil and Gas Equipment law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Theft of Petroleum Product or Oil and Gas Equipment below.

What is the current Texas law about Theft of Petroleum Product or Oil and Gas Equipment?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Theft of Petroleum Product or Oil and Gas Equipment in Penal Code Section §31.19, as follows:^[1]

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

(1) unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:

(A) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or

(B) 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;

(2) transports to a waste disposal location a petroleum product for which the person cannot identify the petroleum product’s initial owner;

(3) purchases a petroleum product from a person that is not authorized by the Railroad Commission of Texas to sell the petroleum product; or

(4) stores, purchases, or trades a petroleum product for financial benefit by means of a method that is not authorized by the Railroad Commission of Texas.

(b-1) A person commits an offense if the person unlawfully appropriates oil and gas equipment with intent to deprive the owner of the oil and gas equipment by possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the oil and gas equipment.

(c) Appropriation of a petroleum product or oil and gas equipment is unlawful if it is without the owner’s effective consent.

The legislature enacted this law in 2017 (effective September 1, 2017) and amended it in 2025 (effective September 1, 2025).^[2]

What the law was before 2025, and what changed in 2025

Before 2025: Theft of Petroleum Product applied only to petroleum products and focused on unlawfully appropriating those products by possessing or moving them or by tapping a line or tank.^[3]

On and after September 1, 2025: The statute expands to cover theft of oil and gas equipment in addition to petroleum products, and it adds new ways to commit the offense (including purchasing from a seller not authorized by the Railroad Commission of Texas, storing or trading by an unauthorized method, and transporting to disposal when the initial owner cannot be identified).^[4]

What is the penalty for a Texas Theft of Petroleum Product or Oil and Gas Equipment offense?

For offenses committed on or after September 1, 2025

Scope: Applies to petroleum product and oil and gas equipment.^[5]

Third degree felony if the value is less than $10,000.^[6]

Second degree felony if the value is $10,000 or more but less than $100,000.^[7]

First degree felony if the value is $100,000 or more.^[8]

For offenses committed before September 1, 2025

Scope: Applies to petroleum product only (oil and gas equipment was not covered).^[9]

State jail felony if the value is less than $10,000.^[10]

Third degree felony if the value is $10,000 or more but less than $100,000.^[11]

Second degree felony if the value is $100,000 or more but less than $300,000.^[12]

First degree felony if the value is $300,000 or more.^[13]

What changed in 2025?

In 2025, the legislature: (1) expanded Theft of Petroleum Product or Oil and Gas Equipment to add new petroleum-product conduct and created a companion oil and gas equipment theft offense; (2) raised penalties so the minimum grade is now a third-degree felony and $100,000+ is a first-degree felony; (3) authorized DPS officers to inspect cargo tanks and collect samples for forensic testing; and (4) allowed seized petroleum product to be sold with proceeds handled under criminal-seizure procedures using WTI/NGL pricing. These changes apply only to offenses (or seizures) on or after September 1, 2025; earlier conduct is governed by prior law. This bill did not change probation eligibility or the limitations period.^[14]

What is the statute of limitations for Theft of Petroleum Product or Oil and Gas Equipment in Texas?

Theft of Petroleum Product or Oil and Gas Equipment offenses have a three-year limitations period.^[15]

Can you get probation for Theft of Petroleum Product or Oil and Gas Equipment in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Theft of Petroleum Product or Oil and Gas Equipment, and judges are also allowed to accept deferred adjudication plea deals.^[16]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[17] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[18]

What level of crime is Theft of Petroleum Product or Oil and Gas Equipment in Texas?

The Penal Code classification of the punishment for Theft of Petroleum Product or Oil and Gas Equipment currently ranges from a third degree felony to a first degree felony, depending on the value involved. For offenses prior to September 1, 2025, there was a state jail felony penalty classification level as well.

Learn more about the penalty range for this offense in the section above.

Can a Texas Theft of Petroleum Product or Oil and Gas Equipment offense be reduced?

Yes, Theft of Petroleum Product or Oil and Gas Equipment could be reduced. The most obvious reduction would be to the standard Theft offense.

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Legal References:

^1. Texas Penal Code §31.19. This law is current as of 2025.^2. Texas Penal Code §31.19(a)(1), (b), (b-1), as amended by SB 1806, 89th Texas Legislature (RS), Section 4^3. SB 1871, 85th Texas Legislature (RS), Section 1^4. Texas Penal Code §31.19(a)(1), (b), (b-1), as amended by SB 1806, 89th Texas Legislature (RS), Section 4; SB 1806, Sections 8–9^5. SB 1806, 89th Texas Legislature (RS), Sections 4, 8–9^6. Texas Penal Code §31.19(d), as amended by SB 1806, 89th Texas Legislature (RS), Section 4^7. Texas Penal Code §31.19(d), as amended by SB 1806, 89th Texas Legislature (RS), Section 4^8. Texas Penal Code §31.19(d)–(e), as amended by SB 1806, 89th Texas Legislature (RS), Section 4^9. SB 1871, 85th Texas Legislature (RS), Section 1^10. SB 1871, 85th Texas Legislature (RS), Section 1^11. SB 1871, 85th Texas Legislature (RS), Section 1^12. SB 1871, 85th Texas Legislature (RS), Section 1^13. SB 1871, 85th Texas Legislature (RS), Section 1^14. SB 1806, 89th Texas Legislature (RS), Sections 3–4, 6–7, 9; Texas Penal Code §31.19, as amended; Government Code §411.0185; Code of Criminal Procedure art. 47.13^15. See Code of Criminal Procedure §12.01(11)^16. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^17. Art. 42A.053(c), Texas Code of Criminal Procedure^18. Art. 42A.054(b), Texas Code of Criminal Procedure