UNAUTHORIZED POSSESSION OF CATALYTIC CONVERTER

(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. (b) A person is presumed to be authorized to possess a catalytic converter that has been removed from a motor vehicle if the person: (1) is the owner, as defined by Section 601.002, Transportation Code, of the vehicle from which the catalytic converter was removed; or (2) possesses the catalytic converter in the ordinary course of the person's business, including in the ordinary course of business of an entity described by Section 1956.123(1), Occupations Code. (c) The presumption established under Subsection (b) does not apply to a person described by Subsection (b)(2) who knows that the catalytic converter was unlawfully removed from a motor vehicle or otherwise unlawfully obtained. (d) Except as provided by Subsection (e), an offense under this section is a state jail felony. (e) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person: (1) has been previously convicted of an offense under this section; (2) in connection with the offense, engaged in conduct constituting conspiracy under Section 15.02 to commit an offense under Section 28.03 or 31.03 with respect to a catalytic converter; or (3) possessed a firearm during the commission of the offense. (f) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.