1-1 AN ACT
1-2 relating to the offense of theft of livestock from a commission
1-3 merchant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.03, Penal Code, is amended by amending
1-6 Subsection (c) and adding Subsection (i) to read as follows:
1-7 (c) For purposes of Subsection (b):
1-8 (1) evidence that the actor has previously
1-9 participated in recent transactions other than, but similar to,
1-10 that which the prosecution is based is admissible for the purpose
1-11 of showing knowledge or intent and the issues of knowledge or
1-12 intent are raised by the actor's plea of not guilty;
1-13 (2) the testimony of an accomplice shall be
1-14 corroborated by proof that tends to connect the actor to the crime,
1-15 but the actor's knowledge or intent may be established by the
1-16 uncorroborated testimony of the accomplice;
1-17 (3) an actor engaged in the business of buying and
1-18 selling used or secondhand personal property, or lending money on
1-19 the security of personal property deposited with the actor [him],
1-20 is presumed to know upon receipt by the actor of stolen property
1-21 (other than a motor vehicle subject to Chapter 501, Transportation
1-22 Code) that the property has been previously stolen from another if
1-23 the actor pays for or loans against the property $25 or more (or
1-24 consideration of equivalent value) and the actor knowingly or
1-25 recklessly:
2-1 (A) fails to record the name, address, and
2-2 physical description or identification number of the seller or
2-3 pledgor;
2-4 (B) fails to record a complete description of
2-5 the property, including the serial number, if reasonably available,
2-6 or other identifying characteristics; or
2-7 (C) fails to obtain a signed warranty from the
2-8 seller or pledgor that the seller or pledgor has the right to
2-9 possess the property. It is the express intent of this provision
2-10 that the presumption arises unless the actor complies with each of
2-11 the numbered requirements;
2-12 (4) for the purposes of Subdivision (3)(A),
2-13 "identification number" means driver's license number, military
2-14 identification number, identification certificate, or other
2-15 official number capable of identifying an individual;
2-16 (5) stolen property does not lose its character as
2-17 stolen when recovered by any law enforcement agency;
2-18 (6) an actor engaged in the business of obtaining
2-19 abandoned or wrecked motor vehicles or parts of an abandoned or
2-20 wrecked motor vehicle for resale, disposal, scrap, repair,
2-21 rebuilding, demolition, or other form of salvage is presumed to
2-22 know on receipt by the actor of stolen property that the property
2-23 has been previously stolen from another if the actor knowingly or
2-24 recklessly:
2-25 (A) fails to maintain an accurate and legible
2-26 inventory of each motor vehicle component part purchased by or
3-1 delivered to the actor, including the date of purchase or delivery,
3-2 the name, age, address, sex, and driver's license number of the
3-3 seller or person making the delivery, the license plate number of
3-4 the motor vehicle in which the part was delivered, a complete
3-5 description of the part, and the vehicle identification number of
3-6 the motor vehicle from which the part was removed, or in lieu of
3-7 maintaining an inventory, fails to record the name and certificate
3-8 of inventory number of the person who dismantled the motor vehicle
3-9 from which the part was obtained;
3-10 (B) fails on receipt of a motor vehicle to
3-11 obtain a certificate of authority, sales receipt, or transfer
3-12 document as required by Chapter 683, Transportation Code, or a
3-13 certificate of title showing that the motor vehicle is not subject
3-14 to a lien or that all recorded liens on the motor vehicle have been
3-15 released; or
3-16 (C) fails on receipt of a motor vehicle to
3-17 immediately remove an unexpired license plate from the motor
3-18 vehicle, to keep the plate in a secure and locked place, or to
3-19 maintain an inventory, on forms provided by the Texas Department of
3-20 Transportation, of license plates kept under this paragraph,
3-21 including for each plate or set of plates the license plate number
3-22 and the make, motor number, and vehicle identification number of
3-23 the motor vehicle from which the plate was removed;
3-24 (7) an actor who purchases or receives a used or
3-25 secondhand motor vehicle is presumed to know on receipt by the
3-26 actor of the motor vehicle that the motor vehicle has been
4-1 previously stolen from another if the actor knowingly or
4-2 recklessly:
4-3 (A) fails to report to the Texas Department of
4-4 Transportation the failure of the person who sold or delivered the
4-5 motor vehicle to the actor to deliver to the actor a properly
4-6 executed certificate of title to the motor vehicle at the time the
4-7 motor vehicle was delivered; or
4-8 (B) fails to file with the county tax
4-9 assessor-collector of the county in which the actor received the
4-10 motor vehicle, not later than the 20th day after the date the actor
4-11 received the motor vehicle, the registration license receipt and
4-12 certificate of title or evidence of title delivered to the actor in
4-13 accordance with Subchapter D, Chapter 520, Transportation Code, at
4-14 the time the motor vehicle was delivered; [and]
4-15 (8) an actor who purchases or receives from any source
4-16 other than a licensed retailer or distributor of pesticides a
4-17 restricted-use pesticide or a state-limited-use pesticide or a
4-18 compound, mixture, or preparation containing a restricted-use or
4-19 state-limited-use pesticide is presumed to know on receipt by the
4-20 actor of the pesticide or compound, mixture, or preparation that
4-21 the pesticide or compound, mixture, or preparation has been
4-22 previously stolen from another if the actor:
4-23 (A) fails to record the name, address, and
4-24 physical description of the seller or pledgor;
4-25 (B) fails to record a complete description of
4-26 the amount and type of pesticide or compound, mixture, or
5-1 preparation purchased or received; and
5-2 (C) fails to obtain a signed warranty from the
5-3 seller or pledgor that the seller or pledgor has the right to
5-4 possess the property; and
5-5 (9) an actor who is subject to Section 409, Packers
5-6 and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock
5-7 from a commission merchant by representing that the actor will make
5-8 prompt payment is presumed to have induced the commission
5-9 merchant's consent by deception if the actor fails to make full
5-10 payment in accordance with Section 409, Packers and Stockyards Act
5-11 (7 U.S.C. Section 228b).
5-12 (i) For purposes of Subsection (c)(9), "livestock" and
5-13 "commission merchant" have the meanings assigned by Section
5-14 147.001, Agriculture Code.
5-15 SECTION 2. (a) The change in law made by this Act applies
5-16 only to an offense committed on or after the effective date of this
5-17 Act. For purposes of this section, an offense is committed before
5-18 the effective date of this Act if any element of the offense occurs
5-19 before that date.
5-20 (b) An offense committed before the effective date of this
5-21 Act is covered by the law in effect when the offense was committed,
5-22 and the former law is continued in effect for that purpose.
5-23 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1747 passed the Senate on
April 11, 2001, by the following vote: Yeas 29, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 25, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1747 passed the House, with
amendment, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor