Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1281 strengthens Texas laws against mail theft by expanding the definition of "mail" and increasing penalties for crimes involving stolen mail. The bill clarifies that mail includes any sealed article delivered by a common carrier or delivery service and criminalizes the unauthorized appropriation of mail without the addressee’s consent. Additionally, it introduces harsher penalties when the stolen mail contains negotiable instruments, such as checks or money orders, or when theft is committed with the intent to facilitate identity fraud.

The bill establishes a tiered punishment system based on the number of victims affected. If stolen mail contains identifying information and is used for identity theft, penalties escalate from a state jail felony to a first-degree felony depending on the number of addressees impacted. The goal of the legislation is to deter organized mail theft rings and provide law enforcement with stronger tools to prosecute offenders.

By addressing growing concerns over mail-related fraud and identity theft, SB 1281 aims to protect individuals and businesses from financial harm. The bill reinforces personal responsibility and private property rights without imposing excessive regulatory burdens, making it a targeted approach to combating mail theft in Texas.

The Committee Substitute for SB 1281 makes several refinements and enhancements to the originally filed bill, particularly in expanding definitions, clarifying penalties, and strengthening protections for vulnerable populations. One key change is the broader definition of "mail," which now includes not only letters and packages in mailboxes but also any sealed articles delivered by common carriers or delivery services. This ensures that crimes such as package theft from doorsteps are explicitly covered under the law.

Another significant update is the creation of a distinct offense for theft involving negotiable instruments like checks and money orders. While the original bill penalized mail theft generally, the committee substitute introduced a separate tiered punishment structure specifically for cases where stolen mail contains financial documents. Additionally, penalties are now enhanced if the offender targets elderly or disabled individuals, recognizing the increased risk of financial harm to these groups.

The bill also retains and refines the new criminal offense for stealing mail receptacle keys or locks, ensuring that both USPS and private courier services are included in the definition of "postal service." This clarification strengthens enforcement against organized mail theft schemes. Overall, the committee substitute improves legal clarity, expands protections, and enhances penalties to combat mail-related crimes in Texas.

Author

Tan Parker

Co-Author

Borris Miles

Sponsor

Daniel Alders

Contact the Author

Sen. Tan Parker

Capitol Phone:

(512) 463-0112

Capitol Office:

EXT E1.608

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

The fiscal impact of SB 1281 on state correctional populations and resources cannot be precisely determined, according to the Legislative Budget Board (LBB). This uncertainty arises from the lack of available data on the prevalence of mail theft offenses that would fall under the bill’s expanded definitions and enhanced penalties. The bill increases penalties for mail theft, particularly when it involves negotiable instruments or targets elderly or disabled individuals, and also creates a new felony offense for the unlawful possession, duplication, or use of mail receptacle keys or locks.

The Office of Court Administration (OCA) and the Comptroller of Public Accounts (CPA) indicate that they cannot estimate the statewide fiscal impact of these changes. However, local governments may experience increased costs due to the likelihood of additional individuals being placed under community supervision or confined in local correctional facilities. While the bill strengthens enforcement against mail-related crimes, any financial burden on state and local criminal justice systems remains uncertain until more data becomes available.

Vote Recommendation Notes

SB 1281 strengthens Texas law by expanding criminal penalties for mail theft, particularly when involving negotiable instruments such as checks and money orders, and by creating a new offense for the theft or unlawful use of mail receptacle keys or locks. These changes address the increasing issue of organized mail theft rings, which exploit gaps in current law to commit financial fraud and identity theft. By broadening the definition of mail theft to include mail that is in transit and clarifying penalties for repeat offenders, the bill provides law enforcement with stronger tools to combat these crimes.

The bill aligns with core liberty principles, particularly private property rights, individual responsibility, and limited government. It ensures that Texans’ financial and personal information is better protected while also reinforcing personal accountability by imposing stricter penalties for those who engage in mail theft schemes. The Republican Party of Texas strongly supports tougher criminal penalties to deter fraud and protect property, and the Libertarian Party of Texas also advocates for strong protection of private property.

From a fiscal standpoint, the Legislative Budget Board notes that the financial impact on state and local correctional resources is uncertain due to a lack of data on the frequency of such crimes. However, local governments may experience increased costs from higher incarceration or supervision rates. Despite this, the bill’s preventative effects on fraud and identity theft could lead to long-term savings by reducing financial crimes that burden law enforcement and judicial resources.

Overall, SB 1281 is a well-targeted response to a growing problem that balances crime deterrence with strong protections for property rights, making it a strong candidate for legislative support. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1281 to enhance security for Texans while maintaining a limited and accountable government approach.

Related Legislation

HB 4414 (Similar To)

View Bill Text and Status