1-1  By:  Lucio                                             S.B. No. 676
    1-2        (In the Senate - Filed February 21, 1995; February 23, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 676                    By:  Brown
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the prosecution for theft of certain pesticides.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 31.03, Penal Code, is amended by amending
   1-13  Subsection (c) and by adding Subsection (g) to read as follows:
   1-14        (c)  For purposes of Subsection (b):
   1-15              (1)  evidence that the actor has previously
   1-16  participated in recent transactions other than, but similar to,
   1-17  that which the prosecution is based is admissible for the purpose
   1-18  of showing knowledge or intent and the issues of knowledge or
   1-19  intent are raised by the actor's plea of not guilty;
   1-20              (2)  the testimony of an accomplice shall be
   1-21  corroborated by proof that tends to connect the actor to the crime,
   1-22  but the actor's knowledge or intent may be established by the
   1-23  uncorroborated testimony of the accomplice;
   1-24              (3)  an actor engaged in the business of buying and
   1-25  selling used or secondhand personal property, or lending money on
   1-26  the security of personal property deposited with him, is presumed
   1-27  to know upon receipt by the actor of stolen property (other than a
   1-28  motor vehicle subject to Article 6687-1, Vernon's Texas Civil
   1-29  Statutes) that the property has been previously stolen from another
   1-30  if the actor pays for or loans against the property $25 or more (or
   1-31  consideration of equivalent value) and the actor knowingly or
   1-32  recklessly:
   1-33                    (A)  fails to record the name, address, and
   1-34  physical description or identification number of the seller or
   1-35  pledgor;
   1-36                    (B)  fails to record a complete description of
   1-37  the property, including the serial number, if reasonably available,
   1-38  or other identifying characteristics; or
   1-39                    (C)  fails to obtain a signed warranty from the
   1-40  seller or pledgor that the seller or pledgor has the right to
   1-41  possess the property.  It is the express intent of this provision
   1-42  that the presumption arises unless the actor complies with each of
   1-43  the numbered requirements;
   1-44              (4)  for the purposes of Subdivision (3)(A),
   1-45  "identification number" means driver's license number, military
   1-46  identification number, identification certificate, or other
   1-47  official number capable of identifying an individual;
   1-48              (5)  stolen property does not lose its character as
   1-49  stolen when recovered by any law enforcement agency;
   1-50              (6)  an actor engaged in the business of obtaining
   1-51  abandoned or wrecked motor vehicles or parts of an abandoned or
   1-52  wrecked motor vehicle for resale, disposal, scrap, repair,
   1-53  rebuilding, demolition, or other form of salvage is presumed to
   1-54  know on receipt by the actor of stolen property that the property
   1-55  has been previously stolen from another if the actor knowingly or
   1-56  recklessly:
   1-57                    (A)  fails to maintain an accurate and legible
   1-58  inventory of each motor vehicle component part purchased by or
   1-59  delivered to the actor, including the date of purchase or delivery,
   1-60  the name, age, address, sex, and driver's license number of the
   1-61  seller or person making the delivery, the license plate number of
   1-62  the motor vehicle in which the part was delivered, a complete
   1-63  description of the part, and the vehicle identification number of
   1-64  the motor vehicle from which the part was removed, or in lieu of
   1-65  maintaining an inventory, fails to record the name and certificate
   1-66  of inventory number of the person who dismantled the motor vehicle
   1-67  from which the part was obtained;
   1-68                    (B)  fails on receipt of a motor vehicle to
    2-1  obtain a certificate of authority, sales receipt, or transfer
    2-2  document as required by Article V, Section 1, Chapter 741, Acts of
    2-3  the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
    2-4  Vernon's Texas Civil Statutes), or a certificate of title showing
    2-5  that the motor vehicle is not subject to a lien or that all
    2-6  recorded liens on the motor vehicle have been released; or
    2-7                    (C)  fails on receipt of a motor vehicle to
    2-8  immediately remove an unexpired license plate from the motor
    2-9  vehicle, to keep the plate in a secure and locked place, or to
   2-10  maintain an inventory, on forms provided by the Texas Department of
   2-11  Transportation, of license plates kept under this paragraph,
   2-12  including for each plate or set of plates the license plate number
   2-13  and the make, motor number, and vehicle identification number of
   2-14  the motor vehicle from which the plate was removed; <and>
   2-15              (7)  an actor who purchases or receives a used or
   2-16  secondhand motor vehicle is presumed to know on receipt by the
   2-17  actor of the motor vehicle that the motor vehicle has been
   2-18  previously stolen from another if the actor knowingly or
   2-19  recklessly:
   2-20                    (A)  fails to report to the Texas Department of
   2-21  Transportation the failure of the person who sold or delivered the
   2-22  motor vehicle to the actor to deliver to the actor a properly
   2-23  executed certificate of title to the motor vehicle at the time the
   2-24  motor vehicle was delivered; or
   2-25                    (B)  fails to file with the county tax
   2-26  assessor-collector of the county in which the actor received the
   2-27  motor vehicle, not later than the 20th day after the date the actor
   2-28  received the motor vehicle, the registration license receipt and
   2-29  certificate of title or evidence of title delivered to the actor in
   2-30  accordance with Section 2, Chapter 364, Acts of the 50th
   2-31  Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
   2-32  Civil Statutes), at the time the motor vehicle was delivered; and
   2-33              (8)  an actor who purchases or receives from any source
   2-34  other than a licensed retailer or distributor of pesticides a
   2-35  restricted-use pesticide or a state-limited-use pesticide or a
   2-36  compound, mixture, or preparation containing a restricted-use or
   2-37  state-limited-use pesticide is presumed to know on receipt by the
   2-38  actor of the pesticide or compound, mixture, or preparation that
   2-39  the pesticide or compound, mixture, or preparation has been
   2-40  previously stolen from another if the actor:
   2-41                    (A)  fails to record the name, address, and
   2-42  physical description of the seller or pledgor;
   2-43                    (B)  fails to record a complete description of
   2-44  the amount and type of pesticide or compound, mixture, or
   2-45  preparation purchased or received; and
   2-46                    (C)  fails to obtain a signed warranty from the
   2-47  seller or pledgor that the seller or pledgor has the right to
   2-48  possess the property.
   2-49        (g)  In this section:
   2-50              (1)  "Restricted-use pesticide" means a pesticide
   2-51  classified as a restricted-use pesticide by the administrator of
   2-52  the Environmental Protection Agency under 7 U.S.C. Section 136a, as
   2-53  that law existed on January 1, 1995, and containing an active
   2-54  ingredient listed in the federal regulations adopted under that law
   2-55  (40 C.F.R. Section 152.175) and in effect on that date.
   2-56              (2)  "State-limited-use pesticide" means a pesticide
   2-57  classified as a state-limited-use pesticide by the Department of
   2-58  Agriculture under Section 76.003, Agriculture Code, as that section
   2-59  existed on January 1, 1995, and containing an active ingredient
   2-60  listed in the rules adopted under that section (4 TAC Section 7.24)
   2-61  as that section existed on that date.
   2-62        SECTION 2.  (a)  The change in law made by this Act applies
   2-63  only to an offense committed on or after the effective date of this
   2-64  Act.  For purposes of this section, an offense is committed before
   2-65  the effective date of this Act if any element of the offense occurs
   2-66  before the effective date.
   2-67        (b)  An offense committed before the effective date of this
   2-68  Act is covered by the law in effect when the offense was committed,
   2-69  and the former law is continued in effect for that purpose.
   2-70        SECTION 3.  This Act takes effect September 1, 1995.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.
    3-6                               * * * * *