1-1  By:  Black (Senate Sponsor - Sims)                     H.B. No. 608
    1-2        (In the Senate - Received from the House March 22, 1993;
    1-3  March 23, 1993, read first time and referred to Committee on
    1-4  Natural Resources; May 3, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  May 3, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos                                    x    
   1-13        Bivins                                        x    
   1-14        Brown              x                               
   1-15        Carriker           x                               
   1-16        Lucio              x                               
   1-17        Montford                                      x    
   1-18        Ratliff                                       x    
   1-19        Shelley                                       x    
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 608                     By:  Sims
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the ownership, recovery, theft, and taxation of exotic
   1-24  livestock and exotic fowl, and to control of disease in exotic
   1-25  fowl; providing criminal penalties.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 142.001, Agriculture Code, is amended by
   1-28  amending Subdivision (1) and adding Subdivisions (4) and (5) to
   1-29  read as follows:
   1-30              (1)  "Estray" means stray livestock, stray exotic
   1-31  livestock, or stray exotic fowl.
   1-32              (4)  "Exotic livestock" means grass-eating or
   1-33  plant-eating, single-hooved or cloven-hooved mammals that are not
   1-34  indigenous to this state and are known as ungulates, including
   1-35  animals from the swine, horse, tapir, rhinoceros, elephant, deer,
   1-36  and antelope families but not including a mammal defined by Section
   1-37  63.001, Parks and Wildlife Code, as a game animal, or by Section
   1-38  71.001, Parks and Wildlife Code, as a fur-bearing animal, or any
   1-39  other indigenous mammal regulated by the Parks and Wildlife
   1-40  Department as an endangered or threatened species.  The term does
   1-41  not include a nonindigenous mammal located on publicly owned land.
   1-42              (5)  "Exotic fowl" means any avian species that is not
   1-43  indigenous to this state.  The term includes ratites but does not
   1-44  include a bird defined by Section 64.001, Parks and Wildlife Code,
   1-45  as a game bird or any other indigenous bird regulated by the Parks
   1-46  and Wildlife Department as an endangered or threatened species.
   1-47  The term does not include nonindigenous birds located on publicly
   1-48  owned land.
   1-49        SECTION 2.  Chapter 142, Agriculture Code, is amended by
   1-50  adding Section 142.0021 to read as follows:
   1-51        Sec. 142.0021.  OWNERSHIP OF EXOTIC WILDLIFE AND FOWL.  A
   1-52  person may claim to be the owner of exotic livestock or exotic fowl
   1-53  under this chapter only if the animal is tagged, branded, banded,
   1-54  or marked in another conspicuous manner that can be read or
   1-55  identified from a long distance and that identifies the animal as
   1-56  being the property of the claimant.
   1-57        SECTION 3.  Section 161.001(a)(4), Agriculture Code, is
   1-58  amended to read as follows:
   1-59              (4)  "Exotic fowl" means any avian species that is not
   1-60  indigenous to this state.  The term includes ratites <ostriches>.
   1-61        SECTION 4.  Section 31.03(e), Penal Code, is amended to read
   1-62  as follows:
   1-63        (e)  Except as provided by Subsection (f) of this section, an
   1-64  offense under this section is:
   1-65              (1)  a Class C misdemeanor if the value of the property
   1-66  stolen is less than $20;
   1-67              (2)  a Class B misdemeanor if:
   1-68                    (A)  the value of the property stolen is $20 or
    2-1  more but less than $200; or
    2-2                    (B)  the value of the property stolen is less
    2-3  than $20 and the defendant has previously been convicted of any
    2-4  grade of theft;
    2-5              (3)  a Class A misdemeanor if:
    2-6                    (A)  the value of the property stolen is $200 or
    2-7  more but less than $750; or
    2-8                    (B)  the property stolen is one firearm, as
    2-9  defined by Section 46.01 of this code, and is valued at less than
   2-10  $400;
   2-11              (4)  a felony of the third degree if:
   2-12                    (A)  the value of the property stolen is $750 or
   2-13  more but less than $20,000, or the property is one or more head of
   2-14  cattle, horses, sheep, swine, <or> goats, or exotic livestock or
   2-15  exotic fowl as defined by Section 142.001, Agriculture Code, or any
   2-16  part of these animals <thereof> under the value of $20,000;
   2-17                    (B)  regardless of value, the property is stolen
   2-18  from the person of another or from a human corpse or grave;
   2-19                    (C)  the property stolen is one firearm, as
   2-20  defined by Section 46.01 of this code, and is valued at more than
   2-21  $400;
   2-22                    (D)  the property stolen is two or more firearms,
   2-23  as defined by Section 46.01 of this code; or
   2-24                    (E)  the value of the property stolen is less
   2-25  than $750 and the defendant has been previously convicted two or
   2-26  more times of any grade of theft;
   2-27              (5)  a felony of the second degree if:
   2-28                    (A)  the value of the property stolen is less
   2-29  than $100,000 and the property is:
   2-30                          (i)  combustible hydrocarbon natural or
   2-31  synthetic natural gas, or crude petroleum oil;
   2-32                          (ii)  equipment designed for use in
   2-33  exploration for or production of natural gas or crude petroleum
   2-34  oil; or
   2-35                          (iii)  equipment designed for use in
   2-36  remedial or diagnostic operations on gas or crude petroleum oil
   2-37  wells;
   2-38                    (B)  the value of the property stolen is $20,000
   2-39  or more but less than $100,000; or
   2-40                    (C)  the value of the property is less than
   2-41  $100,000 and the property was unlawfully appropriated or attempted
   2-42  to be unlawfully appropriated by threat to commit a felony offense
   2-43  against the person or property of the person threatened or another
   2-44  or to withhold information about the location or purported location
   2-45  of a bomb, poison, or other harmful object that threatens to harm
   2-46  the person or property of the person threatened or another person;
   2-47  or
   2-48              (6)  a felony of the first degree if:
   2-49                    (A)  the value of the property stolen is $100,000
   2-50  or more; or
   2-51                    (B)  the value of the property is $100,000 or
   2-52  more and the property was unlawfully appropriated or attempted to
   2-53  be unlawfully appropriated in the manner described by Subdivision
   2-54  (5)(C) of this subsection.
   2-55        SECTION 5.  Section 31.03, Penal Code, is amended by adding
   2-56  Subsection (h) to read as follows:
   2-57        (h)  For the purposes of Subsection (a) of this section, a
   2-58  person is the owner of exotic livestock or exotic fowl as defined
   2-59  by Section 142.001, Agriculture Code, only if the person qualifies
   2-60  to claim the animal under Section 142.0021, Agriculture Code, if
   2-61  the animal is an estray.
   2-62        SECTION 6.  Section 23.51(6), Tax Code, is amended to read as
   2-63  follows:
   2-64              (6)  "Exotic animal" means a species of game not
   2-65  indigenous to this state, including axis deer, nilga antelope, red
   2-66  sheep, <or> other cloven-hoofed ruminant mammals, or exotic fowl as
   2-67  defined by Section 142.001, Agriculture Code.
   2-68        SECTION 7.  (a)  The change in law made by Sections 4 and 5
   2-69  of this Act applies only to an offense committed on or after the
   2-70  effective date of this Act.  For purposes of this section, an
    3-1  offense is committed before the effective date of this Act if any
    3-2  element of this offense occurs before the effective date.
    3-3        (b)  An offense committed before the effective date of this
    3-4  Act is covered by the law in effect when the offense was committed,
    3-5  and the former law is continued in effect for this purpose.
    3-6        SECTION 8.  This Act takes effect September 1, 1993.
    3-7        SECTION 9.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.
   3-12                               * * * * *
   3-13                                                         Austin,
   3-14  Texas
   3-15                                                         May 3, 1993
   3-16  Hon. Bob Bullock
   3-17  President of the Senate
   3-18  Sir:
   3-19  We, your Committee on Natural Resources to which was referred H.B.
   3-20  No. 608, have had the same under consideration, and I am instructed
   3-21  to report it back to the Senate with the recommendation that it do
   3-22  not pass, but that the Committee Substitute adopted in lieu thereof
   3-23  do pass and be printed.
   3-24                                                         Sims,
   3-25  Chairman
   3-26                               * * * * *
   3-27                               WITNESSES
   3-28                                                  FOR   AGAINST  ON
   3-29  ___________________________________________________________________
   3-30  Name:  Norman Dean                               x
   3-31  Representing:  Texas Emu Assoc.
   3-32  City:  New Braunfels
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   3-34  Name:  Robert L. Cook                                          x
   3-35  Representing:  Texas Parks & Wildlife
   3-36  City:  Austin
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   3-38  Name:  Richard Winters, Jr.                      x
   3-39  Representing:  Exotic Wildlife Assn.
   3-40  City:  Brady
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   3-42  Name:  L. David Sinclair                                       x
   3-43  Representing:  Texas Parks & Wildlife
   3-44  City:  Austin
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