Unauthorized Possession of Certain Copper or Brass Material: Texas Penal Code §31.22

The Texas Unauthorized Possession of Certain Copper or Brass Material law makes it illegal to intentionally or knowingly possess copper or brass material unless you are an authorized possessor.

The law lists all of the authorized possessors. Those includes owners, utilities, telecommunications and cable providers, metal recycling entities, and businesses that handle the material in the ordinary course, along with their agents. However, even if you are otherwise authorized to possess the copper or brass material, the law expressly excludes authorization for anyone who knows the material was unlawfully obtained.

The Texas legislature enacted this criminal offense in 2025 and codified it in Chapter 31 of the Penal Code at §31.22. Although the bill creating the law took effect in 2025, it only applies to conduct occurring on or after September 1, 2025.

The offense was enacted as part of a broader 2025 legislative package aimed at copper and brass theft. It creates a stand-alone possession crime that applies even when the state cannot prove a traditional theft.

Penalties start at a state jail felony and are enhanced to a third-degree felony if, among other circumstances, the material was unlawfully obtained from a critical infrastructure facility, the actor possesses a firearm during the offense, the actor has specified prior convictions, or the conduct involves conspiracy or organized criminal activity.

For purposes of this offense, “copper or brass material” has the meaning assigned by the Occupations Code, so it reaches common utility and communications components in addition to copper pipe and tubing.

The Penal Code classifies the Texas Unauthorized Possession of Copper or Brass Material law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Unauthorized Possession of Certain Copper or Brass Material below.

What is the current Texas law about Unauthorized Possession of Certain Copper or Brass Material?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Unauthorized Possession of Certain Copper or Brass Material in Penal Code Section §31.22, as follows:^[1]

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

(1) intentionally or knowingly possesses copper or brass material; and

(2) is not a person who is authorized under Subsection (c) to possess the copper or brass material.

(c) Subject to Subsection (d), a person is authorized to possess copper or brass material if the person is:

(1) the owner of the material;

(2) a public utility or common carrier;

(3) a telecommunications provider as defined by Section 51.002, Utilities Code;

(4) a cable service provider as defined by Section 66.002, Utilities Code;

(5) a video service provider as defined by Section 66.002, Utilities Code;

(6) a manufacturing, industrial, commercial, retail, or other business that sells the material in the ordinary course of the seller’s business;

(7) a carrier-for-hire acting in the course and scope of the carrier’s business with a bill of lading or a contract verifying transport information;

(8) a metal recycling entity registered under Chapter 1956, Occupations Code, and acting within the course and scope of the entity’s business;

(9) a person acting in the ordinary course of the person’s business who lawfully acquires possession of the materials during construction, remodeling, demolition, or salvage of a building or other structure in which the materials were installed or contained; or

(10) an agent for a person described by Subdivisions (1)-(9) acting within the course and scope of the agent’s authority to act on behalf of the person.

(d) Subsection (c) does not apply to a person who knows that the copper or brass material was unlawfully obtained.

Critically, subsection (d) specifically excludes any person who knows the copper or brass material was unlawfully obtained from the list of authorized possessors. This knowledge carve-out means that the state can still prosecute even if your role is on the subsection (c) list by alleging that you knew the material was illicit.

The term “copper or brass material” is tied to the Occupations Code definition that covers items such as insulated or non-insulated copper wire or cable and certain components used by public utilities and communications providers.^[2]

This law applies only to conduct occurring on or after September 1, 2025. Conduct before that date is not covered by this law.^[3]

What is the penalty for a Texas Unauthorized Possession of Copper or Brass Material offense?

As a baseline, Unauthorized Possession of Certain Copper or Brass Material is a state jail felony.^[4]

The offense is a third-degree felony if the copper or brass material was unlawfully obtained from a critical infrastructure facility, if the accused has certain prior qualifying convictions or engaged in specified conspiracy or organized criminal activity with respect to copper or brass material, or if the accused possessed a firearm during the offense.^[5]

If the same conduct also violates another law, the state may prosecute under Section 31.22, the other law, or both.^[6]

How can I be charged with a Unauthorized Possession of Copper or Brass Material offense in Texas?

You can be charged with Unauthorized Possession of Copper or Brass Material in Texas if the state’s attorneys believe that each of the elements of §31.22(b), as described in the section above, have been met.

What is the statute of limitations for Unauthorized Possession of Copper or Brass Material in Texas?

Under the default rules for all felonies, Unauthorized Possession of Copper or Brass Material offenses have a three-year limitations period.^[7]

Can you get probation for Unauthorized Possession of Copper or Brass Material in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unauthorized Possession of Copper or Brass Material, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that 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.^[9]

What level of crime is Unauthorized Possession of Copper or Brass Material in Texas?

The Penal Code classifies the punishment for Unauthorized Possession of Certain Copper or Brass Material as a state jail felony, with specified circumstances elevating it to a third-degree felony.

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

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Legal References:

^1. Texas Penal Code §31.22. This law is current as of 2025.^2. Texas Penal Code §31.22(a)(1), cross-referencing Texas Occupations Code §1956.001(4)(A)-(B)^3. SB 1646, 89th Legislature (RS), Section 3.03^4. Texas Penal Code §31.22(e)^5. Texas Penal Code §31.22(f)^6. Texas Penal Code §31.22(g)^7. See Code of Criminal Procedure §12.01(11)^8. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Art. 42A.054(b), Texas Code of Criminal Procedure