THEFT OF PETROLEUM PRODUCT OR OIL AND GAS EQUIPMENT.

(a) In this section:

(1) "Oil and gas equipment" means machinery, drilling equipment, welding equipment, pipeline equipment, fittings, pumps, vehicles, or other equipment and materials that are part of or incident to the exploration, development, maintenance, and operation of oil and gas properties, including oil and gas wells, oil and gas leases, gasoline plants, and refineries.

(2) "Petroleum product" means crude oil, natural gas, or condensate.

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

(1) unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:

(A) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or

(B) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product;

(2) transports to a waste disposal location a petroleum product for which the person cannot identify the petroleum product's initial owner;

(3) purchases a petroleum product from a person that is not authorized by the Railroad Commission of Texas to sell the petroleum product; or

(4) stores, purchases, or trades a petroleum product for financial benefit by means of a method that is not authorized by the Railroad Commission of Texas.

(b-1) A person commits an offense if the person unlawfully appropriates oil and gas equipment with intent to deprive the owner of the oil and gas equipment by possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the oil and gas equipment.

(c) Appropriation of a petroleum product or oil and gas equipment is unlawful if it is without the owner's effective consent.

(d) An offense under Subsection (b) is:

(1) a felony of the third degree if the total value of the petroleum product appropriated is less than $10,000;

(2) a felony of the second degree if the total value of the petroleum product appropriated is $10,000 or more but less than $100,000; or

(3) a felony of the first degree if the total value of the petroleum product appropriated is $100,000 or more.

(e) An offense under Subsection (b-1) is:

(1) a felony of the third degree if the total value of the oil and gas equipment appropriated is less than $10,000;

(2) a felony of the second degree if the total value of the oil and gas equipment appropriated is $10,000 or more but less than $100,000; or

(3) a felony of the first degree if the total value of the oil and gas equipment appropriated is $100,000 or more.

(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.