BILL ANALYSIS



C.S.H.B. 2199
By: Raymond
04-19-95
Committee Report (Substituted)


BACKGROUND

The theft of agricultural chemicals has become popular on the black
market.  The circulation of stolen chemicals in a community can
result in environmental misfortunes such as careless disposal and
pesticides in community water supplies.  The inability to document
the circulation of chemicals can create a hazardous situation for
the public.  Currently, it is difficult for law enforcement
officials to prove theft of agricultural chemicals.

PURPOSE

If enacted, C.S.H.B. 2199 would provide punishments for pesticide
theft.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.03, Penal Code (THEFT), by amending
Subsections (c) and by adding Subsection (g) as follows:

     (c) provides that for purposes of Subsection (b) an actor who
     purchases or receives from any source other than a licensed
     retailer or distributor of pesticides, a restricted-use
     pesticide, or a state-limited-use pesticide or a compound,
     mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on the receipt by
     the actor that the pesticide has been previously stolen if the
     actor fails to provide certain information.

     (g) defines "restricted-use pesticide" and "state-limited-use
     pesticide."

SECTION 2.

     (a) Change in law made by this Act applies only to an offense
     committed on or after the effective date of the Act.

     (b) Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.

COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1 of original, amending Section 15.03, Penal Code, is
deleted.

SECTION 1 of substitute, amending Section 31.03, Penal Code, no
longer amends Subsection (e).




SUMMARY OF COMMITTEE ACTION

HB 2199 was considered by the full committee in a public hearing on
April 19, 1995.  The following person testified in favor of the
bill:

     Jon Fisher, representing the Texas Ag Industries Association.
     
The Chair the following person testified on the bill:

     Rob Kepple, representing TDCAA.

The committee considered a complete substitute for the bill.  The
substitute was adopted by a non-record vote.  HB 2199 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4
absent.