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SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE.

POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.(a) Repealed by Acts 2011, 82nd Leg., R.

(a) A person commits an offense if the person:(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or(2) possesses, sells, or offers for sale tangible personal property and:(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.(b) It is an affirmative defense to prosecution under this section that the person was:(1) the owner or acting with the effective consent of the owner of the property involved;(2) a peace officer acting in the actual discharge of official duties; or(3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:(A) in the actual discharge of official duties as an employee or agent of the department; or(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.(d) An offense under this section is a Class A misdemeanor.(e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code.

(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;(2) attaches, causes to be attached, or maintains the attachment of a device to:(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.(b) In this section:(1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider.(2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider.(3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media.(c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor:(1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or(2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of ,000 and a minimum term of confinement of 180 days.(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.

(a) For purposes of this section:(1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.(2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.(3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording.(4) "Trade secret" means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.(b) A person commits an offense if, without the owner's effective consent, he knowingly:(1) steals a trade secret;(2) makes a copy of an article representing a trade secret; or(3) communicates or transmits a trade secret.(c) An offense under this section is a felony of the third degree.

(a) In this section, "petroleum product" means crude oil, natural gas, or condensate.(b) A person commits an offense if the person unlawfully appropriates a petroleum product with intent to deprive the owner of the petroleum product by:(1) possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the petroleum product; or(2) 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.(c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent.(d) An offense under this section is:(1) a state jail felony if the total value of the petroleum product appropriated is less than ,000;(2) a felony of the third degree if the total value of the petroleum product appropriated is ,000 or more but less than 0,000;(3) a felony of the second degree if the total value of the petroleum product appropriated is 0,000 or more but less than 0,000; or(4) a felony of the first degree if the total value of the petroleum product appropriated is 0,000 or more. MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. (a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.(b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12.(c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller.(d) An offense under this section is a Class A misdemeanor. (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:(1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:(1) is sent by:(A) first class mail, evidenced by an affidavit of service; or(B) registered or certified mail with return receipt requested;(2) is addressed to the issuer at the issuer's address shown on:(A) the check or order;(B) the records of the bank or other drawee; or(C) the records of the person to whom the check or order has been issued or passed; and(3) contains the following statement:"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER. September 1, 2011.(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person:(1) possesses a shielding or deactivation instrument; or(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.(c) An offense under this section is a Class A misdemeanor.

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