82R468 TRH-D
 
  By: Cook H.B. No. 94
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of regulations on the purchase of
  ammonium nitrate or ammonium nitrate material by certain
  purchasers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 63.154, Agriculture Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), before [Before]
  completing a sale of ammonium nitrate or ammonium nitrate material,
  a person that engages in those sales shall:
               (1)  require the person making the purchase to:
                     (A)  display a driver's license or other form of
  identification containing the person's photograph;
                     (B)  provide the other personal information
  required by Subdivision (2); and
                     (C)  sign for the purchase; and
               (2)  make a record of the sale, including:
                     (A)  the name of the person making the purchase;
                     (B)  the date of the purchase;
                     (C)  the purchaser's address, date of birth, and
  phone number;
                     (D)  the form of identification the purchaser
  presented;
                     (E)  whether the purchase is being made on behalf
  of another person; and
                     (F)  the amount and brand name of the ammonium
  nitrate or ammonium nitrate material purchased.
         (a-1)  Subsection (a) does not apply to a purchaser of
  ammonium nitrate or ammonium nitrate material if:
               (1)  the purchaser does not take possession of the
  ammonium nitrate or ammonium nitrate material at any time before it
  is distributed for use as fertilizer; and
               (2)  the person who sells the ammonium nitrate or
  ammonium nitrate material complies with the requirements of
  Subsection (a) with respect to the person who takes possession of
  the ammonium nitrate or ammonium nitrate material.
         SECTION 2.  Section 63.154, Agriculture Code, as amended by
  this Act, applies only to a sale of ammonium nitrate or ammonium
  nitrate material that is initiated on or after the effective date of
  this Act. A sale of ammonium nitrate or ammonium nitrate material
  initiated before the effective date of this Act is covered by the
  law in effect when the purchase was initiated, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.