Section 31.19 is the oilfield theft statute. Given the concentration of energy infrastructure around Houston, it is charged in Harris and surrounding counties more than almost anywhere else.
What the Statute Covers
"Petroleum product" means crude oil, natural gas, or condensate.
"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, leases, gasoline plants, and refineries.
A person commits an offense by unlawfully appropriating a petroleum product with intent to deprive the owner, including by:
- possessing, removing, delivering, receiving, purchasing, selling, moving, concealing, or transporting the product; or
- 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.
The section also reaches theft of oil and gas equipment.
Grading
The offense is graded by the value involved, following the theft value schedule set out in the section. Because a single pipeline tap can involve a large volume over time, and because oilfield equipment carries high replacement cost, these cases move into the upper felony grades quickly.
Where the Cases Come From
Pipeline tapping. Hot taps and unauthorized connections, usually detected by pressure and volume monitoring rather than by observation.
Tank battery theft. Drawing condensate or crude from lease tanks, often at night, with vacuum trucks.
Equipment theft. Pumps, fittings, catwalks, and copper from active and idle leases. Scrap sales frequently generate the lead.
Insider cases. Employees, contractors, and haulers charged after volume reconciliation shows losses.
Defenses
Ownership and authorization. Oil and gas property is layered with working interests, royalty interests, leases, service agreements, and salvage arrangements. Who owned the product or equipment, and who had authority to move it, is frequently genuinely unclear — and "unlawful appropriation" requires proof that it was without the owner's effective consent.
Valuation. Volume estimates derived from production decline curves, tank gauges, or meter differentials are estimates. Measurement error, prior shrinkage, evaporation, and normal line loss all inflate apparent theft. Because value sets the grade, the calculation is usually the most valuable thing to attack.
Intent. Salvage crews, contractors removing equipment under a work order, and haulers operating on dispatch instructions lack intent to deprive. Paperwork regular on its face is powerful.
Identification and linkage. Remote locations, no witnesses, and shared access roads mean these cases often rest on circumstantial evidence — vehicle sightings, cell-site data, scrap receipts — each of which is examinable.
Aggregation. Whether separate incidents form one continuing scheme drives the grading and is contestable.
Related
- Houston theft attorney · Cargo theft (31.18)
- Engaging in organized criminal activity (71.02)
- Houston federal criminal defense
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.