By Gutierrez H.B. No. 1801
74R5073 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for theft of certain pesticides.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.03, Penal Code, is amended by amending
1-5 Subsection (e) and by adding Subsection (g) to read as follows:
1-6 (e) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if the value of the property
1-9 stolen is less than $20;
1-10 (2) a Class B misdemeanor if:
1-11 (A) the value of the property stolen is $20 or
1-12 more but less than $500; or
1-13 (B) the value of the property stolen is less
1-14 than $20 and the defendant has previously been convicted of any
1-15 grade of theft;
1-16 (3) a Class A misdemeanor if the value of the property
1-17 stolen is $500 or more but less than $1,500;
1-18 (4) a state jail felony if:
1-19 (A) the value of the property stolen is $1,500
1-20 or more but less than $20,000, or the property is one or more head
1-21 of cattle, horses, sheep, swine, or goats or any part thereof under
1-22 the value of $20,000;
1-23 (B) regardless of value, the property is stolen
1-24 from the person of another or from a human corpse or grave;
2-1 (C) the property stolen is a firearm, as defined
2-2 by Section 46.01; or
2-3 (D) the value of the property stolen is less
2-4 than $1,500 and the defendant has been previously convicted two or
2-5 more times of any grade of theft;
2-6 (5) a felony of the third degree if:
2-7 (A) the value of the property stolen is $20,000
2-8 or more but less than $100,000; or
2-9 (B) the value of the property stolen is less
2-10 than $100,000 and the property is a restricted-use pesticide or a
2-11 state-limited-use pesticide or a compound, mixture, or preparation
2-12 containing a restricted-use or state-limited-use pesticide;
2-13 (6) a felony of the second degree if the value of the
2-14 property stolen is $100,000 or more but less than $200,000; or
2-15 (7) a felony of the first degree if the value of the
2-16 property stolen is $200,000 or more.
2-17 (g) In this section:
2-18 (1) "Restricted-use pesticide" means a pesticide
2-19 classified as a restricted-use pesticide by the administrator of
2-20 the Environmental Protection Agency under 7 U.S.C. Section 136a, as
2-21 that law existed on January 1, 1995, and containing an active
2-22 ingredient listed in the federal regulations adopted under that law
2-23 (40 C.F.R. Section 152.175) and in effect on that date.
2-24 (2) "State-limited-use pesticide" means a pesticide
2-25 classified as a state-limited-use pesticide by the Department of
2-26 Agriculture under Section 76.003, Agriculture Code, as that section
2-27 existed on January 1, 1995, and containing an active ingredient
3-1 listed in the rules adopted under that section (4 Tex. Admin. Code
3-2 Section 7.24) as that section existed on that date.
3-3 SECTION 2. (a) The change in law made by this Act applies
3-4 only to an offense committed on or after the effective date of this
3-5 Act. For purposes of this section, an offense is committed before
3-6 the effective date of this Act if any element of the offense occurs
3-7 before the effective date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 3. This Act takes effect September 1, 1995.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.