By Hardcastle                                         H.B. No. 2205
         76R6478 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession and transport of anhydrous ammonia and
 1-3     to the use of anhydrous ammonia equipment; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle D, Title 6, Health and Safety Code, is
 1-6     amended by adding Chapter 504 to read as follows:
 1-7                       CHAPTER 504.  ANHYDROUS AMMONIA
 1-8           Sec. 504.001.  OFFENSE: POSSESSION OR TRANSPORT.  (a)  A
 1-9     person commits an offense if the person:
1-10                 (1)  possesses and maintains anhydrous ammonia in a
1-11     container or receptacle that is not designed and manufactured to
1-12     hold anhydrous ammonia; or
1-13                 (2)  transports anhydrous ammonia in a container or
1-14     receptacle that is not designed and manufactured to transport
1-15     anhydrous ammonia.
1-16           (b)  An offense under this section is a state jail felony.
1-17           Sec. 504.002.  OFFENSE:  USE OF EQUIPMENT.  (a)  A person
1-18     commits an offense if the person:
1-19                 (1)  uses, delivers, or sells a container or receptacle
1-20     designed and manufactured to hold anhydrous ammonia without the
1-21     express consent of the owner of the container or receptacle; or
1-22                 (2)  tampers with equipment manufactured and used to
1-23     hold, apply, or transport anhydrous ammonia without the express
1-24     consent of the owner of the equipment.
 2-1           (b)  An offense under this section is a state jail felony.
 2-2           SECTION 2.  This Act takes effect September 1, 1999.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.