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June 1, 2001

Session ends... Will special session be called?

The regular session of the 77^th Texas Legislature has concluded. As of this writing, it is unclear whether Gov. Rick Perry will call a special session of the Legislature to draw the new political boundaries for the state's Congressional delegation and its State Board of Education. The boundaries for seats in the Texas House and the Texas Senate will be drawn by the Legislative Redistricting Board as a result of the Legislature not being able to finalize boundary plans for each chamber during the session.

In this week's column, we wanted to highlight two bills supported by our organization that might be of interest to many of you. The bills have already, or soon will be, signed into law by Gov. Perry.

HB 651 by Rep. Phil King of Weatherford (Sen. Tom Haywood of Wichita Falls, Senate sponsor) allows a licensed-age driver of an all-terrain vehicle (ATV) to operate the vehicle on a public roadway if the use is in connection with agricultural work. Under current law, the operator of an ATV cannot drive the vehicle on a public roadway unless it is driven directly across the road.

There are some important requirements in the bill:

The ATV cannot be driven on an interstate or limited-access highway; the operator must attach to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag; the vehicle's headlights and taillights must be illuminated; the operation of the ATV must occur in the daytime; the operation of the ATV on a public roadway cannot exceed a distance of 25 miles from the point of origin to the destination; and provisions regarding helmet and eye protection use, safety certification, and other restrictions do not apply to this special use.

HB 3351 by Rep. Jim Keffer of Eastland (Sen. Haywood, Senate sponsor) strengthens the state law regarding the illegal manufacture and possession of methamphetamine. One of the main ingredients used to make this class of drugs is anhydrous ammonia, a common chemical used to fertilize crops.

As a result, farmers are often victims of theft as others seek out this chemical.

This bill includes language from HB 473 by Rep. Bob Turner of Coleman that sought to punish those who use five-gallon propane tanks to illegally transport anhydrous ammonia. The bill increases the penalty from a state jail felony of the third degree for violations of possessing, maintaining, or transporting anhydrous ammonia in a container or receptacle that is not designed to hold or transport anhydrous ammonia.

HB 3351 as amended also makes it a felony of the third degree to use, deliver, or sell a container or receptacle designed to hold anhydrous ammonia without the express consent of the owner of the container, or for tampering with equipment manufactured and used to hold, apply, or transport anhydrous ammonia without the consent of the owner.

The increase in penalty is needed to make such offenses more prone to prosecution.