89th Legislature

HB 48

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 48 establishes a specialized Organized Oilfield Theft Prevention Unit within the Texas Department of Public Safety (DPS). The purpose of this unit is to investigate, prevent, and respond to criminal activity involving the theft of oil and gas equipment and petroleum products. This bill addresses a growing concern in Texas's oil-producing regions, particularly near the international border, where organized theft rings have increasingly targeted valuable industry assets.

The legislation authorizes the new unit to enforce provisions of the Texas Penal Code, specifically targeting violations under Section 31.19 (Theft of Petroleum Product) and Section 31.03 (General Theft), when the stolen property includes oil and gas infrastructure or materials. The unit will operate statewide, but it will be headquartered in a DPS region that includes the city of El Paso. The director of DPS is tasked with overseeing the unit, establishing its command structure, and adopting rules concerning equipment, personnel training, and working conditions, subject to approval by the Public Safety Commission.

To enhance coordination and effectiveness, the unit is required to collaborate with federal, state, and local law enforcement, the Railroad Commission of Texas, and victims of oilfield theft. It will also engage in public awareness campaigns, provide specialized training and investigative resources to local law enforcement, and maintain a centralized database to track oilfield-related crimes. Additionally, HB 48 mandates that DPS submit a biennial report to the Governor, Lieutenant Governor, Speaker of the House, and relevant legislative committees, summarizing the unit’s activities, arrests, prosecutions, recovered assets, and recommended policy improvements.

The Committee Substitute version of HB 48 introduces several substantive changes to the originally filed bill that reflect legislative refinements intended to increase flexibility, operational effectiveness, and administrative clarity. One of the most notable differences lies in the authority granted to the newly created Organized Oilfield Theft Prevention Unit. While the originally filed bill mandated that the unit shall investigate and arrest individuals suspected of oilfield-related theft, the committee substitute softens this language to may investigate and arrest. This change gives the Department of Public Safety (DPS) more discretion over how and when to deploy unit resources, offering a practical balance between statutory intent and operational capacity.

Another significant modification is the expansion of the unit’s geographical footprint. The originally filed bill restricted the unit’s base of operations to a specific region along the international border that includes El Paso. The substitute retains this emphasis but authorizes the DPS, with commission approval, to establish additional regional offices elsewhere in the state. This amendment acknowledges the broader, statewide nature of oilfield theft and enhances the DPS’s ability to respond dynamically as threats arise in different oil-producing areas.

The remainder of the bill—its organizational structure, duties, public outreach responsibilities, database development, and biennial reporting—remains largely unchanged between the two versions. The substitute version, however, includes cleaner legislative drafting, possibly informed by the Texas Legislative Council’s drafting standards, ensuring clearer implementation and improved statutory alignment. 

In sum, the Committee Substitute fine-tunes the bill to enhance its enforceability and administrative scalability without altering the core mission of targeting organized oilfield theft. These changes likely emerged from stakeholder input and committee deliberation, aiming to make the bill more effective and resilient in real-world applications.
Author
Drew Darby
Eddie Morales
Tom Craddick
Brooks Landgraf
Sponsor
Kevin Sparks
Co-Sponsor
Cesar Blanco
Lois Kolkhorst
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 48 is projected to have a negative impact of approximately $2.33 million on General Revenue over the biennium. This cost arises from the creation and operation of the Organized Oilfield Theft Prevention Unit within the Department of Public Safety (DPS), as mandated by the bill. Specifically, the Department anticipates it cannot absorb the responsibilities within existing resources, thus requiring the hiring of additional personnel and covering associated operating costs.

In fiscal year 2026, the projected cost is $1,542,971, reflecting start-up expenses and salaries for new staff. This includes funding for four full-time employees: two special agents, one lieutenant, and one administrative assistant. These staff members would be responsible for managing investigations, overseeing operations, and providing support for training and public outreach efforts as outlined in the bill. Starting in fiscal year 2027 and continuing through 2030, the annual cost levels off at approximately $788,895 per year for maintaining the unit's operations.

Importantly, the bill does not carry an appropriation but could provide the legal foundation for one in the future. Additionally, no significant fiscal impact is anticipated for local governments, as the bill’s primary financial burden would be carried by the state. Overall, while the bill carries a moderate ongoing cost, its financial impact is limited to a small staffing and operational footprint and does not involve large-scale infrastructure or capital investment.

Vote Recommendation Notes

HB 48 addresses a serious and growing threat to Texas’s energy infrastructure: organized oilfield theft. By establishing a specialized unit within the Department of Public Safety (DPS) focused on investigating and coordinating responses to theft of petroleum products and oilfield equipment, the bill directly reinforces key liberty principles—including private property rights, personal responsibility, and free enterprise. The unit will have statewide jurisdiction, a regional base near the international border, and responsibilities including law enforcement coordination, public outreach, and data tracking—all aimed at supporting lawful energy operators and deterring organized criminal activity.

While the bill is narrowly tailored and avoids regulatory overreach or burdens on individuals or businesses, it does modestly expand the size and scope of government. It establishes a new division within DPS with dedicated staffing and operations, costing the state approximately $2.3 million over the biennium, with ongoing annual expenses. Though the expansion is limited and targeted, it warrants oversight and accountability to ensure effectiveness and to prevent unintended mission creep.

Therefore, this bill deserves support with strategic amendments.

Suggested Amendments:

  • A sunset provision, to require future legislative review of the unit’s performance and continued relevance.
  • Clearly defined performance metrics, to evaluate effectiveness and fiscal efficiency.
  • Statutory safeguards limit the unit’s scope to oilfield-related crimes as defined in the bill.

With these amendments, HB 48 would more fully align with the principle of limited government, while maintaining strong alignment with liberty-driven objectives. As such, Texas Policy Research recommends that lawmakers vote YES on HB 48 while also strongly suggesting the consideration of amendments as described above.

  • Individual Liberty: The bill reinforces individual liberty by protecting Texans, especially landowners, mineral rights holders, and oilfield operators, from theft and criminal interference. Organized oilfield theft often involves high-value property and, at times, physical threats. By strengthening enforcement of existing laws under Penal Code §§ 31.03 and 31.19, the bill supports individuals’ rights to secure their property and livelihoods without expanding criminal statutes or infringing on lawful activity. Importantly, it does not introduce surveillance tools, limit due process, or impose on civil liberties.
  • Personal Responsibility: The bill underscores personal responsibility by holding individuals accountable for engaging in organized theft. It enhances the state’s ability to investigate and prosecute those who violate property laws, reinforcing the idea that individuals are responsible for the consequences of their actions. The public outreach and local law enforcement training components also help communities take proactive roles in safeguarding their industries.
  • Free Enterprise: Organized theft imposes significant operational and financial burdens on the oil and gas sector, especially for small and mid-sized operators who may not have the resources for private security. By targeting theft rings and reducing losses, HB 48 promotes a more stable and secure environment for lawful business activity. This helps ensure that honest market participants can compete fairly, without being undermined by criminal actors.
  • Private Property Rights: At its core, the bill is a defense of property rights. The bill dedicates state resources to preventing the unlawful appropriation of valuable oilfield equipment and petroleum products. It acknowledges that effective protection of property requires more than punishment—it also demands preventive coordination, victim engagement, and recovery efforts. The centralized database and interagency cooperation provisions enhance this protection further.
  • Limited Government: This is the one principle where the bill raises legitimate concerns. While the bill does not create a new agency or regulatory regime, it does expand the footprint of state government by establishing a new enforcement unit within DPS, with new staffing, facilities, and operating costs (estimated at $2.3 million for the first biennium). Without a sunset clause, performance benchmarks, or statutory limits on scope, there is a risk of bureaucratic “mission creep” or inefficiency over time. These concerns are not disqualifying, but they highlight the need for amendments to maintain fidelity to limited government ideals.
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