City of Houston 2023Legislative Report

Public Safety

Bill Sponsors / Authors:

Jeff Leach   Rep. Jeff Leach
  R - McKinney

Carol Alvarado   Sen. Carol Alvarado
  D - Houston

 

Supporting Documents / Links:

Public Safety GraphicSenate Bill 224 – Catalytic Converter Legislation

A catalytic converter is part of a car’s exhaust system that converts harmful engine-exhaust pollutants into something less harmful to the environment through a chemical reaction. Typically, most of the “bad” hydrocarbons, carbon monoxide and nitrogen oxides in the exhaust are converted into “less bad” carbon dioxide, nitrogen and water vapor.

They contain three metals that aid in the chemical reaction that makes exhaust pollutants less harmful: platinum, palladium and rhodium.

The COVID-19 pandemic and resulting global supply chain issues have drastically increased the price of the platinum group metals in catalytic converters. As a result, catalytic converter thefts have increased tremendously over the past several years. This is due to both the rise of value in the platinum group metals used inside the catalytic converter as well as the high reward versus the low risk of committing the crime.

  • In the first 3 months of 2022, the Houston Police Department reported a 123% increase in catalytic converter thefts totaling 3,188.

Later in March of 2022, Deputy Sheriff Darren Almendarez was killed trying to stop a suspected catalytic converter theft on his own vehicle, linking the thefts to violent criminal gangs.

In response to this increase, the City of Houston in May of 2022 passed a new ordinance to directly address the rise in catalytic converter thefts by stopping business-to-business reselling of stolen exhaust emission control devices and requiring anyone in possession of a cut catalytic converter to show proof of ownership.

Shortly after the passage of Houston’s ordinance, the Texas Senate Committee on Criminal Justice held a field hearing in Houston to review the ordinance and see if the local measure would be successful.

When comparing the data in the year since implementation, the new ordinance has proved extraordinarily effective.

  • In March of 2022 over 1,200 catalytic converter thefts were reported
  • In March of 2023, 340 were reported, a 71% reduction.

Furthermore, between January and April, the number of thefts decreased by over 60% compared to the 2022 HPD statistics.

Senate Bill 224 by Senator Carol Alvarado, cited as the Deputy Darren Almendarez Act, addresses many of the statewide challenges related to catalytic converter crimes.  The bill provides a new offense, enhances penalties, and makes changes to regulatory oversight specific to catalytic converters.

The passed version of the bill:

  • Creates a new crime titled “Unauthorized Possession of a Catalytic Converter,” with a presumption of theft for possession of one or more catalytic converters in certain circumstances
  • Creates a penalty enhancement if the thief was in possession of a firearm during the offense.
  • Amends the Theft and Criminal Mischief statutes to specifically address catalytic converters and damaged caused as result of theft or attempted theft
  • Increases funding for Auto Theft task forces to detect and prevent catalytic converter theft
  • Addresses regulatory measures for metal recycling entities regarding transactions involving catalytic converters

The bill passed and went into effect on May 29, 2023, except Section 1956.001(6-b) and (7) and 1956.030 Occupations Code effective July 1, 2023.