BILL ANALYSIS


                                                     C.S.S.B. 676
                                                        By: Lucio
                                                 Criminal Justice
                                                         04-28-95
                                   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

As proposed, C.S.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.