UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR BRASS MATERIAL.

(a) In this section:

(1) "Copper or brass material" has the meaning assigned by Section 1956.001(4)(A) or (B), Occupations Code.

(2) "Firearm" has the meaning assigned by Section 46.01.

(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.

(e) Except as provided by Subsection (f), an offense under this section is a state jail felony.

(f) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that:

(1) the copper or brass material was unlawfully obtained from a critical infrastructure facility; or

(2) the person:

(A) has been previously convicted of an offense under this section;

(B) has been previously convicted of any of the following offenses with respect to copper or brass material:

(i) an offense under Section 28.03 or 31.03;

(ii) conspiracy under Section 15.02 to commit an offense under Section 28.03 or 31.03; or

(iii) an offense under Chapter 71;

(C) in connection with the offense, engaged in conduct with respect to copper or brass material constituting:

(i) conspiracy under Section 15.02 to commit an offense under Section 28.03, Section 31.03, or Chapter 71; or

(ii) an offense under Chapter 71; or

(D) possessed a firearm during the commission of the offense.

(g) 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.