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.

The legislature passed this law in 2023. I think this law will have some difficulty in enforcement due to the fact that it seems easy to subvert. Anyone having a possession of a catalytic converter would claim that they came in 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 codifies 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]

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.^[3]

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.^[4] 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.^[5]

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.^[6]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[7] 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.^[8]

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. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §31.21(d)^5. Texas Penal Code §31.21(e)^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^7. Art. 42A.053(c), Texas Code of Criminal Procedure^8. Art. 42A.054(b), Texas Code of Criminal Procedure