1-1 By: Haywood S.B. No. 1747
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 5, 2001, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 5, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the offense of theft of livestock from a commission
1-9 merchant.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 31.03, Penal Code, is amended by amending
1-12 Subsection (c) and adding Subsection (i) to read as follows:
1-13 (c) For purposes of Subsection (b):
1-14 (1) evidence that the actor has previously
1-15 participated in recent transactions other than, but similar to,
1-16 that which the prosecution is based is admissible for the purpose
1-17 of showing knowledge or intent and the issues of knowledge or
1-18 intent are raised by the actor's plea of not guilty;
1-19 (2) the testimony of an accomplice shall be
1-20 corroborated by proof that tends to connect the actor to the crime,
1-21 but the actor's knowledge or intent may be established by the
1-22 uncorroborated testimony of the accomplice;
1-23 (3) an actor engaged in the business of buying and
1-24 selling used or secondhand personal property, or lending money on
1-25 the security of personal property deposited with the actor [him],
1-26 is presumed to know upon receipt by the actor of stolen property
1-27 (other than a motor vehicle subject to Chapter 501, Transportation
1-28 Code) that the property has been previously stolen from another if
1-29 the actor pays for or loans against the property $25 or more (or
1-30 consideration of equivalent value) and the actor knowingly or
1-31 recklessly:
1-32 (A) fails to record the name, address, and
1-33 physical description or identification number of the seller or
1-34 pledgor;
1-35 (B) fails to record a complete description of
1-36 the property, including the serial number, if reasonably available,
1-37 or other identifying characteristics; or
1-38 (C) fails to obtain a signed warranty from the
1-39 seller or pledgor that the seller or pledgor has the right to
1-40 possess the property. It is the express intent of this provision
1-41 that the presumption arises unless the actor complies with each of
1-42 the numbered requirements;
1-43 (4) for the purposes of Subdivision (3)(A),
1-44 "identification number" means driver's license number, military
1-45 identification number, identification certificate, or other
1-46 official number capable of identifying an individual;
1-47 (5) stolen property does not lose its character as
1-48 stolen when recovered by any law enforcement agency;
1-49 (6) an actor engaged in the business of obtaining
1-50 abandoned or wrecked motor vehicles or parts of an abandoned or
1-51 wrecked motor vehicle for resale, disposal, scrap, repair,
1-52 rebuilding, demolition, or other form of salvage is presumed to
1-53 know on receipt by the actor of stolen property that the property
1-54 has been previously stolen from another if the actor knowingly or
1-55 recklessly:
1-56 (A) fails to maintain an accurate and legible
1-57 inventory of each motor vehicle component part purchased by or
1-58 delivered to the actor, including the date of purchase or delivery,
1-59 the name, age, address, sex, and driver's license number of the
1-60 seller or person making the delivery, the license plate number of
1-61 the motor vehicle in which the part was delivered, a complete
1-62 description of the part, and the vehicle identification number of
1-63 the motor vehicle from which the part was removed, or in lieu of
1-64 maintaining an inventory, fails to record the name and certificate
2-1 of inventory number of the person who dismantled the motor vehicle
2-2 from which the part was obtained;
2-3 (B) fails on receipt of a motor vehicle to
2-4 obtain a certificate of authority, sales receipt, or transfer
2-5 document as required by Chapter 683, Transportation Code, or a
2-6 certificate of title showing that the motor vehicle is not subject
2-7 to a lien or that all recorded liens on the motor vehicle have been
2-8 released; or
2-9 (C) fails on receipt of a motor vehicle to
2-10 immediately remove an unexpired license plate from the motor
2-11 vehicle, to keep the plate in a secure and locked place, or to
2-12 maintain an inventory, on forms provided by the Texas Department of
2-13 Transportation, of license plates kept under this paragraph,
2-14 including for each plate or set of plates the license plate number
2-15 and the make, motor number, and vehicle identification number of
2-16 the motor vehicle from which the plate was removed;
2-17 (7) an actor who purchases or receives a used or
2-18 secondhand motor vehicle is presumed to know on receipt by the
2-19 actor of the motor vehicle that the motor vehicle has been
2-20 previously stolen from another if the actor knowingly or
2-21 recklessly:
2-22 (A) fails to report to the Texas Department of
2-23 Transportation the failure of the person who sold or delivered the
2-24 motor vehicle to the actor to deliver to the actor a properly
2-25 executed certificate of title to the motor vehicle at the time the
2-26 motor vehicle was delivered; or
2-27 (B) fails to file with the county tax
2-28 assessor-collector of the county in which the actor received the
2-29 motor vehicle, not later than the 20th day after the date the actor
2-30 received the motor vehicle, the registration license receipt and
2-31 certificate of title or evidence of title delivered to the actor in
2-32 accordance with Subchapter D, Chapter 520, Transportation Code, at
2-33 the time the motor vehicle was delivered; [and]
2-34 (8) an actor who purchases or receives from any source
2-35 other than a licensed retailer or distributor of pesticides a
2-36 restricted-use pesticide or a state-limited-use pesticide or a
2-37 compound, mixture, or preparation containing a restricted-use or
2-38 state-limited-use pesticide is presumed to know on receipt by the
2-39 actor of the pesticide or compound, mixture, or preparation that
2-40 the pesticide or compound, mixture, or preparation has been
2-41 previously stolen from another if the actor:
2-42 (A) fails to record the name, address, and
2-43 physical description of the seller or pledgor;
2-44 (B) fails to record a complete description of
2-45 the amount and type of pesticide or compound, mixture, or
2-46 preparation purchased or received; and
2-47 (C) fails to obtain a signed warranty from the
2-48 seller or pledgor that the seller or pledgor has the right to
2-49 possess the property; and
2-50 (9) an actor who obtains livestock from a commission
2-51 merchant by representing that the actor will make prompt payment is
2-52 presumed to have induced the commission merchant's consent by
2-53 deception if the actor fails to make full payment in accordance
2-54 with Section 409, Packers and Stockyards Act, 1921 (7 U.S.C.
2-55 Section 228b).
2-56 (i) For purposes of Subsection (c)(9), "livestock" and
2-57 "commission merchant" have the meanings assigned by Section
2-58 147.001, Agriculture Code.
2-59 SECTION 2. (a) The change in law made by this Act applies
2-60 only to an offense committed on or after the effective date of this
2-61 Act. For purposes of this section, an offense is committed before
2-62 the effective date of this Act if any element of the offense occurs
2-63 before that date.
2-64 (b) An offense committed before the effective date of this
2-65 Act is covered by the law in effect when the offense was committed,
2-66 and the former law is continued in effect for that purpose.
2-67 SECTION 3. This Act takes effect September 1, 2001.
2-68 * * * * *