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AN ACT
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relating to the sale of ammonium nitrate; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 63, Agriculture Code, is amended by |
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adding Subchapter I to read as follows: |
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SUBCHAPTER I. AMMONIUM NITRATE |
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Sec. 63.151. DEFINITIONS. In this subchapter: |
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(1) "Ammonium nitrate" means ammonium salt of nitric |
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acid that contains more than 33 percent nitrogen, one-half of which |
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is the 50 ammonium form and one-half of which is the nitrate form. |
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(2) "Ammonium nitrate material" means solid |
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fertilizer that includes ammonium nitrate as a component, if the |
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fertilizer's nitrogen content derived from the ammonium nitrate is |
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at least 28 percent of the fertilizer by weight. |
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Sec. 63.152. REGISTRATION REQUIRED. (a) A person may not |
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offer for sale or sell ammonium nitrate or ammonium nitrate |
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material unless the person holds a certificate of registration |
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issued by the service under this subchapter. |
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(b) An application for a registration must be: |
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(1) submitted on a form prescribed by the service; and |
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(2) accompanied by a fee in an amount sufficient to |
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cover the service's costs to administer this subchapter. |
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(c) A person who engages in the sale of ammonium nitrate or |
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ammonium nitrate material must display the person's registration in |
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conspicuous public view in the person's place of business. |
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Sec. 63.153. SECURITY REQUIREMENTS. A person who engages |
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in the sale of ammonium nitrate or ammonium nitrate material shall |
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take steps to secure the ammonium nitrate or ammonium nitrate |
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material stored at the person's facility against vandalism, theft, |
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or other unauthorized access, including: |
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(1) ensuring that a storage facility is fenced or |
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otherwise enclosed and locked when unattended; |
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(2) inspecting a storage facility daily for signs of |
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vandalism and to verify its structural integrity; and |
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(3) establishing and maintaining ongoing inventory |
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control procedures for the ammonium nitrate or ammonium nitrate |
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material. |
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Sec. 63.154. SALE OF AMMONIUM NITRATE. (a) Before |
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completing a sale of ammonium nitrate or ammonium nitrate material, |
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a person that engages in those sales shall: |
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(1) require the person making the purchase to: |
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(A) display a driver's license or other form of |
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identification containing the person's photograph; |
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(B) provide the other personal information |
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required by Subdivision (2); and |
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(C) sign for the purchase; and |
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(2) make a record of the sale, including: |
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(A) the name of the person making the purchase; |
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(B) the date of the purchase; |
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(C) the purchaser's address, date of birth, and |
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phone number; |
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(D) the form of identification the purchaser |
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presented; |
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(E) whether the purchase is being made on behalf |
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of another person; and |
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(F) the amount and brand name of the ammonium |
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nitrate or ammonium nitrate material purchased. |
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(b) The service shall: |
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(1) adopt rules allowing a person to refuse to sell |
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ammonium nitrate or ammonium nitrate material based on the season |
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or the location of the sale; and |
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(2) distribute forms to each person registered under |
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this subchapter to be used to record the information required under |
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Subsection (a). |
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Sec. 63.155. MAINTENANCE OF RECORDS. A person who offers |
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to sell or sells ammonium nitrate or ammonium nitrate material |
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shall maintain each record made under Section 63.154 until at least |
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the second anniversary of the date the record is made and shall make |
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each record only available on request by: |
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(1) the Office of the Texas State Chemist; |
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(2) the Department of Public Safety; or |
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(3) a law enforcement agency of the United States. |
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Sec. 63.156. SUSPENSION OF REGISTRATION. If the service |
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finds that a person registered under this subchapter offered to |
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sell or sold ammonium nitrate or ammonium nitrate material in |
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violation of this subchapter or a rule adopted under this |
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subchapter, the service may: |
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(1) suspend a person's registration for a period of 90 |
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days for a first violation; and |
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(2) suspend a person's registration for a period of at |
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least 90 days or revoke the person's registration for a second or |
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subsequent violation. |
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Sec. 63.157. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person: |
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(1) tampers with ammonium nitrate or ammonium nitrate |
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material stored on the property of another; or |
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(2) presents false identification to purchase |
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ammonium nitrate or ammonium nitrate material. |
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(b) A person commits an offense if the person purchases |
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ammonium nitrate or ammonium nitrate material with the intent to |
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manufacture an explosive device. |
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(c) A person commits an offense if the person offers to sell |
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or sells ammonium nitrate or ammonium nitrate material and does not |
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hold a registration issued under this subchapter. |
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(d) An offense under Subsection (a) or (c) is a Class A |
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misdemeanor. |
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(e) An offense under Subsection (b) is a felony of the third |
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degree. |
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(f) It is an exception to the application of Subsection (b) |
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that the person holds a permit or license issued under 18 U.S.C. |
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Section 843. |
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(g) If conduct constituting an offense under this section is |
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also an offense under another law, the actor may be prosecuted under |
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this section, the other law, or both. |
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SECTION 2. (a) Section 63.154, Agriculture Code, as added |
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by this Act, applies only to a sale of ammonium nitrate or ammonium |
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nitrate material that is initiated on or after the effective date of |
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this Act. A sale of ammonium nitrate or ammonium nitrate material |
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initiated before the effective date of this Act is covered by the |
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law in effect when the purchase was initiated, and the former law is |
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continued in effect for that purpose. |
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(b) The provisions of Section 63.154, Agriculture Code, as |
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added by this Act, that require the collection of certain customer |
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personal information by a person that sells ammonium nitrate or |
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ammonium nitrate material as required by that section may not be |
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enforced until the Texas Feed and Fertilizer Control Service has |
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adopted rules under that section and distributed the forms required |
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by that section to affected businesses in this state. |
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(c) Section 63.157, Agriculture Code, as added by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. For purposes of this subsection, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2546 was passed by the House on May 4, |
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2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2546 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |