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Texas Senate bill filed after dumped mail scandal in Kempner exposes legal loophole

A Kempner family discovered piles of discarded mail in February 2024. The incident exposed a loophole in state law that allowed the former mail carrier to avoid charges.

KEMPNER, Texas (KXXV) — It was a Saturday afternoon in February 2024 when Dayna Yoho and her family were heading to Taylor Creek, only to come across what appeared to be piles and piles of mail.

The City of Kempner looked into filing charges of mail theft but found out the mail carrier hadn’t actually broken any laws.

“Texas state law was insufficient to apply that charge because, under Texas state law, in order to be charged with mail theft, the mail has to be actually delivered to its recipient,” Mayor John Wilkerson said.

Now, a recently proposed state Senate bill, SB 1281, would close that loophole, making it a crime if someone takes mail with the intent of keeping it, stealing it, or throwing it away.

“That’s how all laws are made,” Melanie said. “Something you think is common sense and everyone knows, and then you have to lay down, ‘Okay, here’s why we don’t do this.’ You know, sadly enough, that’s when laws are made.”

The bill moved swiftly through the Texas Senate, passing on a 29-2 vote. It now heads to the House.

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