BILL ANALYSIS
S.B. 676
By: Lucio (Raymond)
5-15-95
Committee Report (Unamended)
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
As proposed, S.B. 676 provides punishments for the theft of
pesticides and solicitation of minors to steal pesticides.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 31.03, Penal Code, by amending Subsection
(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 (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. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
SB 676 was considered by the full committee in a formal meeting on
May 15, 1995. SB 676 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.