By Raymond, Gutierrez H.B. No. 2199
74R3591 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for theft of certain pesticides and for
1-3 the solicitation of minors to steal certain pesticides.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15.03, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
1-8 offense if, with intent that a capital felony or felony of the
1-9 first degree be committed, he requests, commands, or attempts to
1-10 induce another to engage in specific conduct that, under the
1-11 circumstances surrounding his conduct as the actor believes them to
1-12 be, would constitute the felony or make the other a party to its
1-13 commission.
1-14 (b) A person commits an offense if, with intent that a
1-15 felony punishable as a felony of the second degree under Section
1-16 31.03(e)(6)(B) be committed, the actor requests, commands, or
1-17 attempts to induce a minor younger than 18 years of age to engage
1-18 in specific conduct that, under the circumstances surrounding the
1-19 actor's conduct as the actor believes the circumstances to be,
1-20 would constitute the felony punishable under Section 31.03(e)(6)(B)
1-21 or make the minor a party to its commission.
1-22 (c) A person may not be convicted under this section on the
1-23 uncorroborated testimony of the person allegedly solicited and
1-24 unless the solicitation is made under circumstances strongly
2-1 corroborative of both the solicitation itself and the actor's
2-2 intent that the other person act on the solicitation.
2-3 (d) <(c)> It is no defense to prosecution under this section
2-4 that:
2-5 (1) the person solicited is not criminally responsible
2-6 for the felony solicited;
2-7 (2) the person solicited has been acquitted, has not
2-8 been prosecuted or convicted, has been convicted of a different
2-9 offense or of a different type or class of offense, or is immune
2-10 from prosecution;
2-11 (3) the actor belongs to a class of persons that by
2-12 definition of the felony solicited is legally incapable of
2-13 committing the offense in an individual capacity; or
2-14 (4) the felony solicited was actually committed.
2-15 (e) <(d)> An offense under Subsection (a) <this section> is:
2-16 (1) a felony of the first degree if the offense
2-17 solicited is a capital offense; or
2-18 (2) a felony of the second degree if the offense
2-19 solicited is a felony of the first degree.
2-20 (f) An offense under Subsection (b) is a felony of the
2-21 second degree unless the minor while engaging in the specific
2-22 conduct intended by the actor is exposed to a pesticide or a
2-23 compound, mixture, or preparation containing a pesticide and dies
2-24 as a direct result of that exposure, in which event the offense is
2-25 a felony of the first degree.
2-26 SECTION 2. Section 31.03, Penal Code, is amended by amending
2-27 Subsections (c) and (e) and by adding Subsection (g) to read as
3-1 follows:
3-2 (c) For purposes of Subsection (b):
3-3 (1) evidence that the actor has previously
3-4 participated in recent transactions other than, but similar to,
3-5 that which the prosecution is based is admissible for the purpose
3-6 of showing knowledge or intent and the issues of knowledge or
3-7 intent are raised by the actor's plea of not guilty;
3-8 (2) the testimony of an accomplice shall be
3-9 corroborated by proof that tends to connect the actor to the crime,
3-10 but the actor's knowledge or intent may be established by the
3-11 uncorroborated testimony of the accomplice;
3-12 (3) an actor engaged in the business of buying and
3-13 selling used or secondhand personal property, or lending money on
3-14 the security of personal property deposited with him, is presumed
3-15 to know upon receipt by the actor of stolen property (other than a
3-16 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
3-17 Statutes) that the property has been previously stolen from another
3-18 if the actor pays for or loans against the property $25 or more (or
3-19 consideration of equivalent value) and the actor knowingly or
3-20 recklessly:
3-21 (A) fails to record the name, address, and
3-22 physical description or identification number of the seller or
3-23 pledgor;
3-24 (B) fails to record a complete description of
3-25 the property, including the serial number, if reasonably available,
3-26 or other identifying characteristics; or
3-27 (C) fails to obtain a signed warranty from the
4-1 seller or pledgor that the seller or pledgor has the right to
4-2 possess the property. It is the express intent of this provision
4-3 that the presumption arises unless the actor complies with each of
4-4 the numbered requirements;
4-5 (4) for the purposes of Subdivision (3)(A),
4-6 "identification number" means driver's license number, military
4-7 identification number, identification certificate, or other
4-8 official number capable of identifying an individual;
4-9 (5) stolen property does not lose its character as
4-10 stolen when recovered by any law enforcement agency;
4-11 (6) an actor engaged in the business of obtaining
4-12 abandoned or wrecked motor vehicles or parts of an abandoned or
4-13 wrecked motor vehicle for resale, disposal, scrap, repair,
4-14 rebuilding, demolition, or other form of salvage is presumed to
4-15 know on receipt by the actor of stolen property that the property
4-16 has been previously stolen from another if the actor knowingly or
4-17 recklessly:
4-18 (A) fails to maintain an accurate and legible
4-19 inventory of each motor vehicle component part purchased by or
4-20 delivered to the actor, including the date of purchase or delivery,
4-21 the name, age, address, sex, and driver's license number of the
4-22 seller or person making the delivery, the license plate number of
4-23 the motor vehicle in which the part was delivered, a complete
4-24 description of the part, and the vehicle identification number of
4-25 the motor vehicle from which the part was removed, or in lieu of
4-26 maintaining an inventory, fails to record the name and certificate
4-27 of inventory number of the person who dismantled the motor vehicle
5-1 from which the part was obtained;
5-2 (B) fails on receipt of a motor vehicle to
5-3 obtain a certificate of authority, sales receipt, or transfer
5-4 document as required by Article V, Section 1, Chapter 741, Acts of
5-5 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
5-6 Vernon's Texas Civil Statutes), or a certificate of title showing
5-7 that the motor vehicle is not subject to a lien or that all
5-8 recorded liens on the motor vehicle have been released; or
5-9 (C) fails on receipt of a motor vehicle to
5-10 immediately remove an unexpired license plate from the motor
5-11 vehicle, to keep the plate in a secure and locked place, or to
5-12 maintain an inventory, on forms provided by the Texas Department of
5-13 Transportation, of license plates kept under this paragraph,
5-14 including for each plate or set of plates the license plate number
5-15 and the make, motor number, and vehicle identification number of
5-16 the motor vehicle from which the plate was removed; <and>
5-17 (7) an actor who purchases or receives a used or
5-18 secondhand motor vehicle is presumed to know on receipt by the
5-19 actor of the motor vehicle that the motor vehicle has been
5-20 previously stolen from another if the actor knowingly or
5-21 recklessly:
5-22 (A) fails to report to the Texas Department of
5-23 Transportation the failure of the person who sold or delivered the
5-24 motor vehicle to the actor to deliver to the actor a properly
5-25 executed certificate of title to the motor vehicle at the time the
5-26 motor vehicle was delivered; or
5-27 (B) fails to file with the county tax
6-1 assessor-collector of the county in which the actor received the
6-2 motor vehicle, not later than the 20th day after the date the actor
6-3 received the motor vehicle, the registration license receipt and
6-4 certificate of title or evidence of title delivered to the actor in
6-5 accordance with Section 2, Chapter 364, Acts of the 50th
6-6 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
6-7 Civil Statutes), at the time the motor vehicle was delivered; and
6-8 (8) an actor who purchases or receives from any source
6-9 other than a retailer or distributor of pesticides a restricted-use
6-10 pesticide or a state-limited-use pesticide or a compound, mixture,
6-11 or preparation containing a restricted-use or state-limited-use
6-12 pesticide is presumed to know on receipt by the actor of the
6-13 pesticide or compound, mixture, or preparation that the pesticide
6-14 or compound, mixture, or preparation has been previously stolen
6-15 from another if the actor:
6-16 (A) fails to record the name, address, and
6-17 physical description of the seller or pledgor;
6-18 (B) fails to record a complete description of
6-19 the amount and type of pesticide or compound, mixture, or
6-20 preparation purchased or received; and
6-21 (C) fails to obtain a signed warranty from the
6-22 seller or pledgor that the seller or pledgor has the right to
6-23 possess the property.
6-24 (e) Except as provided by Subsection (f), an offense under
6-25 this section is:
6-26 (1) a Class C misdemeanor if the value of the property
6-27 stolen is less than $20;
7-1 (2) a Class B misdemeanor if:
7-2 (A) the value of the property stolen is $20 or
7-3 more but less than $500; or
7-4 (B) the value of the property stolen is less
7-5 than $20 and the defendant has previously been convicted of any
7-6 grade of theft;
7-7 (3) a Class A misdemeanor if the value of the property
7-8 stolen is $500 or more but less than $1,500;
7-9 (4) a state jail felony if:
7-10 (A) the value of the property stolen is $1,500
7-11 or more but less than $20,000, or the property is one or more head
7-12 of cattle, horses, sheep, swine, or goats or any part thereof under
7-13 the value of $20,000;
7-14 (B) regardless of value, the property is stolen
7-15 from the person of another or from a human corpse or grave;
7-16 (C) the property stolen is a firearm, as defined
7-17 by Section 46.01; or
7-18 (D) the value of the property stolen is less
7-19 than $1,500 and the defendant has been previously convicted two or
7-20 more times of any grade of theft;
7-21 (5) a felony of the third degree if the value of the
7-22 property stolen is $20,000 or more but less than $100,000;
7-23 (6) a felony of the second degree if:
7-24 (A) the value of the property stolen is $100,000
7-25 or more but less than $200,000; or
7-26 (B) the value of the property stolen is less
7-27 than $200,000 and the property is a restricted-use pesticide or a
8-1 state-limited-use pesticide or a compound, mixture, or preparation
8-2 containing a restricted-use or state-limited-use pesticide; or
8-3 (7) a felony of the first degree if the value of the
8-4 property stolen is $200,000 or more.
8-5 (g) In this section:
8-6 (1) "Restricted-use pesticide" means a pesticide
8-7 classified as a restricted-use pesticide by the administrator of
8-8 the Environmental Protection Agency under 7 U.S.C. Section 136a, as
8-9 that law existed on January 1, 1995, and containing an active
8-10 ingredient listed in the federal regulations adopted under that law
8-11 (40 C.F.R. Section 152.175) and in effect on that date.
8-12 (2) "State-limited-use pesticide" means a pesticide
8-13 classified as a state-limited-use pesticide by the Department of
8-14 Agriculture under Section 76.003, Agriculture Code, as that section
8-15 existed on January 1, 1995, and containing an active ingredient
8-16 listed in the rules adopted under that section (4 Tex. Admin. Code
8-17 Section 7.24) as that section existed on that date.
8-18 SECTION 3. (a) The change in law made by this Act applies
8-19 only to an offense committed on or after the effective date of this
8-20 Act. For purposes of this section, an offense is committed before
8-21 the effective date of this Act if any element of the offense occurs
8-22 before the effective date.
8-23 (b) An offense committed before the effective date of this
8-24 Act is covered by the law in effect when the offense was committed,
8-25 and the former law is continued in effect for that purpose.
8-26 SECTION 4. This Act takes effect September 1, 1995.
8-27 SECTION 5. The importance of this legislation and the
9-1 crowded condition of the calendars in both houses create an
9-2 emergency and an imperative public necessity that the
9-3 constitutional rule requiring bills to be read on three several
9-4 days in each house be suspended, and this rule is hereby suspended.