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