The Texas Unauthorized Possession of a Catalytic Converter law gives police the right to arrest you if they believe you possesed a catalytic converter that was removed from a car that wasn’t yours and you didn’t come to possess that catalytic converter in the normal course of your business.
FAQs about the
Unauthorized Possession of a Catalytic Converter law in Texas
- What is the current Texas law about Unauthorized Possession of a Catalytic Converter?
- What is the statute of limitation for Unauthorized Possession of a Catalytic Converter in Texas?
- What is the penalty for a Texas Unauthorized Possession of a Catalytic Converter offense?
- Can you get probation for Unauthorized Possession of a Catalytic Converter in Texas?
- What level of crime is Unauthorized Possession of a Catalytic Converter in Texas?
- Can a Texas Unauthorized Possession of a Catalytic Converter offense be reduced?
The Texas legislature codified this criminal offense in Texas Penal Code Section 31.21, and it went into effect September 1, 2023.
Have you been charged with Unauthorized Possession of a Catalytic Converter? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
I think this law will be difficult to enforce due to the fact that it seems easy to subvert. Under the law, anyone caught with a catalytic converter that would otherwise be illegal could avoid liability by claiming that they came into possession of it through the course of their business.
In passing the law, the legislature cited a “dramatic” increase in catalytic converter thefts in Houston, from 375 in 2019 to 7,822 in 2021. In the legislative analysis, the legislature said catalytic converter thefts are increasingly becoming a more violent crime with gangs and robbery crews creating dangerous crime rings.
The Penal Code classifies the Texas Unauthorized Possession of a Catalytic Converter law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Unauthorized Possession of a Catalytic Converter below.
What is the current Texas law about Unauthorized Possession of a Catalytic Converter?
The current Texas law defines the offense of Unauthorized Possession of a Catalytic Converter in Penal Code Section §31.21 as follows:[1]
(a) A person commits an offense if the person:
(1) intentionally or knowingly possesses a catalytic converter that has been removed from a motor vehicle; and
(2) is not a person who is authorized under Subsection (b) to possess the catalytic converter.
This law was enacted by the legislature in 2023 and took effect May 29, 2023.[2]
Presumption of authorized possession
The law also creates a presumption that you are authorized to possess a catalytic converter that has been removed from a motor vehicle if you are the owner of the vehicle from which the catalytic converter was removed or possessed the catalytic converter in the ordinary course of business.[3] However, this presumption does not apply to businesspeople who know that the catalytic converter was unlawfully removed from a motor vehicle or otherwise unlawfully obtained.[4]
What is the statute of limitation for Unauthorized Possession of a Catalytic Converter in Texas?
Unauthorized Possession of a Catalytic Converter offenses have a three-year limitations period.[5]
What is the penalty for a Texas Unauthorized Possession of a Catalytic Converter offense?
The Unauthorized Possession of a Catalytic Converter offense is classified by default as a state jail felony.[6] However, the state may seek a third degree felony enhancement by proving that any of the following: (1) the person was previously convicted of this offense; (2) in connection with the offense, the person engaged in a Criminal Conspiracy to commit an offense under Penal Code Sections 28.03 or 31.03 with respect to a catalytic converter; or (3) the person possessed a firearm during the commission of the offense.[7]
Can you get probation for Unauthorized Possession of a Catalytic Converter in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unauthorized Possession of a Catalytic Converter, and judges are also allowed to accept deferred adjudication plea deals.[8]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[9] 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.[10]
What level of crime is Unauthorized Possession of a Catalytic Converter in Texas?
The Penal Code classifies the punishment for Unauthorized Possession of a Catalytic Converter as either a state jail felony or a third degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Can a Texas Unauthorized Possession of a Catalytic Converter offense be reduced?
Yes, Unauthorized Possession of a Catalytic Converter could be reduced. The most obvious reduction would be to the standard Theft offense.
Legal References:
^1. Texas Penal Code §31.21. This law is current as of the 88th Legislature Regular Session.^2. SB 224, 88th Legislature (RS), Section 2.04^3. Texas Penal Code §31.21(b)^4. Texas Penal Code §31.21(c)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §31.21(d)^7. Texas Penal Code §31.21(e)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure
