Bill Analysis
Under HB 1178 theft of a controlled substance would be felony of the third degree if "the premises are a commercial building in which a
controlled substance is generally stored, including a pharmacy,
clinic, hospital, nursing facility, or warehouse; and the person entered or remained concealed in that
building with intent to commit a theft of a controlled substance." Burglary of a vehicle would be a third degree felony if "the vehicle broken into or entered is owned
or operated by a wholesale distributor of prescription drugs; and the actor breaks into or enters that vehicle
with the intent to commit theft of a controlled substance."
The bill clarifies that if a person commits theft of a controlled substance valued less than $150,000 from a commercial building in which the controlled substance is usually stored or a vehicle owned or operated by a wholesale distributor of prescription drugs, they would be subject to a felony of the third-degree.
Vote Recommendation Notes
Tying the punishment for burglary to a pecuniary scale, as we do in most cases in Texas, helps the punishment more appropriately fit the crime. If the value of an item stolen is minimal the corresponding punishment is lighter than if the value of the stolen goods is higher. One hallmark of a quality criminal justice system is that the punishment is proportional to the crime. This bill misses the mark on that count.
A third degree felony is punishable by not less than two years, and up to 10 years in prison. This would be vastly disproportionate for the theft of a small amount of a controlled substance, even under the circumstances stipulated in this bill. For this reason we consider HB 1178 to be a case of overcriminalization which violates the principle of limited government. We encourage legislators to reject HB 1178.