By: Finnell H.B. No. 658
73R861 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prevention of horse theft.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-5 by adding Chapter 151 to read as follows:
1-6 CHAPTER 151. PREVENTION AND INVESTIGATION OF HORSE THEFT
1-7 Sec. 151.001. TRAINING PROGRAM FOR HORSE OWNERS. (a) The
1-8 department, in conjunction with the Texas Agricultural Extension
1-9 Service, shall develop an ongoing training program for horse owners
1-10 to promote the prevention of horse theft. The program must include
1-11 information on visible, permanent identification of horses and
1-12 other security measures to prevent horse theft.
1-13 (b) The department or a county office of the Texas
1-14 Agricultural Extension Service, as appropriate, periodically shall
1-15 notify horse owners of the training program through public service
1-16 announcements or other means.
1-17 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-18 (a) A state, county, or local law enforcement agency with
1-19 responsibility for investigating horse thefts shall provide
1-20 training for its employees likely to handle horse theft cases
1-21 regarding:
1-22 (1) state laws on horse theft;
1-23 (2) resources available for investigating horse
1-24 thefts;
2-1 (3) communication about horse theft with other law
2-2 enforcement agencies; and
2-3 (4) identification of missing horses.
2-4 (b) To facilitate greater communication between law
2-5 enforcement agencies in horse theft cases, state, county, and local
2-6 law enforcement agencies shall, to the greatest extent possible,
2-7 use the Texas Crime Information Center (TCIC) and the National
2-8 Crime Information Center (NCIC) in reporting and investigating
2-9 horse thefts.
2-10 SECTION 2. Section 144.001, Agriculture Code, is amended to
2-11 read as follows:
2-12 Sec. 144.001. Owner's Marks and Brands. (a) Each person
2-13 who has cattle, hogs, sheep, or goats shall have and may use one or
2-14 more earmarks and one or more brands differing from the earmarks
2-15 and brands of the person's neighbors.
2-16 (b) A person who owns a horse may have and use one or more
2-17 earmarks and one or more brands differing from the earmarks or
2-18 brands of the person's neighbors.
2-19 SECTION 3. Section 144.002, Agriculture Code, is amended to
2-20 read as follows:
2-21 Sec. 144.002. Brands of Minors. A minor who owns cattle,
2-22 <or> hogs, or one or more horses may have one or more marks or
2-23 brands, but the parent or guardian of the minor is responsible for
2-24 the proper use of the mark or brand.
2-25 SECTION 4. Section 144.041, Agriculture Code, is amended to
2-26 read as follows:
2-27 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
3-1 person who owns cattle, hogs, sheep, or goats shall record that
3-2 person's earmarks and brands with the county clerk of the county in
3-3 which the animals are located.
3-4 (b) A person who owns a horse may record that person's
3-5 earmark or brand with the county clerk of the county in which the
3-6 animal is located.
3-7 (c) <(b)> The county clerk shall keep a record of the marks
3-8 and brands of each person who applies to the clerk for that
3-9 purpose.
3-10 (d) <(c)> A person may record that person's marks and brands
3-11 in as many counties as necessary.
3-12 (e) <(d)> A person may record any mark or brand that the
3-13 person desires to use if no other person has recorded the mark or
3-14 brand, without regard to whether that person has previously
3-15 recorded a mark or brand.
3-16 SECTION 5. Section 144.102, Agriculture Code, is amended to
3-17 read as follows:
3-18 Sec. 144.102. Right to Register. In accordance with this
3-19 subchapter, a person who owns one or more horses, hogs, dogs,
3-20 sheep, or goats in this state is entitled to register for exclusive
3-21 use any tattoo mark that is not previously recorded.
3-22 SECTION 6. Section 146.006(b), Agriculture Code, is amended
3-23 to read as follows:
3-24 (b) An offense under this section is a misdemeanor
3-25 punishable by a fine not to exceed $5,000 <$2,000>.
3-26 SECTION 7. Section 146.007(b), Agriculture Code, is amended
3-27 to read as follows:
4-1 (b) An offense under this section is a misdemeanor
4-2 punishable by a fine of not less than $250 <$50> nor more than $500
4-3 <$100>.
4-4 SECTION 8. Sections 146.008(b), (c), and (d), Agriculture
4-5 Code, are amended to read as follows:
4-6 (b) An offense under Subsection (a)(1) or (a)(2) of this
4-7 section is a misdemeanor punishable by a fine of not less than $125
4-8 <$25> nor more than $1,000 <$200> for each animal in the shipment.
4-9 (c) An offense under Subsection (a)(3) of this section is a
4-10 misdemeanor punishable by a fine of not less than $125 <$25> nor
4-11 more than $1,000 <$200> for each animal that is not covered by the
4-12 permit.
4-13 (d) An offense under Subsection (a)(4) or (a)(5) of this
4-14 section is a misdemeanor punishable by:
4-15 (1) a fine of not less than $1,000 <$200> nor more
4-16 than $2,500 <$500>;
4-17 (2) confinement in county jail for not less than 60
4-18 days nor more than 6 months; or
4-19 (3) both fine and confinement under this subsection.
4-20 SECTION 9. Section 146.052(b), Agriculture Code, is amended
4-21 to read as follows:
4-22 (b) This subchapter does not apply to horses, sheep, goats,
4-23 or swine or to the hides of those animals.
4-24 SECTION 10. Section 147.041(c), Agriculture Code, is amended
4-25 to read as follows:
4-26 (c) Each livestock auction commission merchant shall file a
4-27 quarterly report of all livestock sold with the commissioners court
5-1 of the county in which the commission merchant transacts business.
5-2 The report must include:
5-3 (1) a description of the livestock that includes:
5-4 (A) the color;
5-5 (B) the probable age;
5-6 (C) any marks or brands; and
5-7 (D) the location of marks and brands;
5-8 (2) the name and address of the consignor or the
5-9 person purporting to own the livestock; and
5-10 (3) the name and address of the purchaser.
5-11 SECTION 11. Section 147.065(b), Agriculture Code, is amended
5-12 to read as follows:
5-13 (b) An offense under this section is a misdemeanor
5-14 punishable by a fine of not more than $1,000 <$200>.
5-15 SECTION 12. Subchapter D, Chapter 147, Agriculture Code, is
5-16 amended by adding Section 147.066 to read as follows:
5-17 Sec. 147.066. FAILURE TO KEEP OR FILE SALES RECORDS. (a) A
5-18 person commits an offense if the person:
5-19 (1) fails to keep a record under Section 147.041(a) of
5-20 this code; or
5-21 (2) fails to file a quarterly report under Section
5-22 147.041(c) of this code.
5-23 (b) An offense under this section is a misdemeanor
5-24 punishable by a fine of not more than $1,000.
5-25 SECTION 13. Section 148.011(c), Agriculture Code, is amended
5-26 to read as follows:
5-27 (c) The record must be prepared and made available to the
6-1 Texas Animal Health Commission and for public inspection within 24
6-2 hours after the slaughterer receives the livestock. The
6-3 slaughterer shall preserve the record for at least two years <one
6-4 year> and shall keep the record open for public inspection at all
6-5 reasonable hours.
6-6 SECTION 14. Sections 148.012(c) and (d), Agriculture Code,
6-7 are amended to read as follows:
6-8 (c) In addition to the report made under Subsection (a) of
6-9 this section, a slaughterer of cattle or horses shall file with the
6-10 county clerk a record showing:
6-11 (1) the marks, brands, and general description of the
6-12 cattle or horses;
6-13 (2) the names of the persons from whom the cattle or
6-14 horses were purchased;
6-15 (3) the date of purchase; and
6-16 (4) the county from which the cattle or horses were
6-17 driven.
6-18 (d) The slaughterer shall file the record required by
6-19 Subsection (c) of this section on the first day of each month with
6-20 the county clerk of the county where the cattle or horses were
6-21 slaughtered. The clerk shall copy the report into records
6-22 maintained for that purpose and return the original to the person
6-23 recording the information.
6-24 SECTION 15. Section 148.062(b), Agriculture Code, is amended
6-25 to read as follows:
6-26 (b) An offense under this section is a misdemeanor
6-27 punishable by a fine of not less than $250 <$50> nor more than
7-1 $1,500 <$300>.
7-2 SECTION 16. Section 148.063(b), Agriculture Code, is amended
7-3 to read as follows:
7-4 (b) An offense under this section is a misdemeanor
7-5 punishable by a fine of not more than $1,000 <$200>.
7-6 SECTION 17. Section 148.064, Agriculture Code, is amended to
7-7 read as follows:
7-8 Sec. 148.064. Failure to Report to County. (a) A person
7-9 required by Section 148.012<(a)> of this code to file reports on
7-10 slaughtered animals with the county commits an offense if the
7-11 person fails to file a report as required by that section.
7-12 (b) An offense under this section is a misdemeanor
7-13 punishable by a fine of not less than $250 <$50> nor more than
7-14 $1,500 <$300>.
7-15 SECTION 18. Not later than December 31, 1993, the
7-16 commissioner of agriculture of this state shall request in writing
7-17 that the secretary of agriculture of the United States require a
7-18 department, agency, or association that is authorized to inspect
7-19 livestock under 7 U.S.C. Sec. 217a, to inspect each horse held,
7-20 handled, purchased, or sold through a stockyard regulated by the
7-21 United States Department of Agriculture under the Packers and
7-22 Stockyards Act, 1921, 7 U.S.C. Chapter 9.
7-23 SECTION 19. (a) This Act takes effect September 1, 1993.
7-24 (b) The change in law made by this Act applies only to an
7-25 offense committed on or after the effective date of this Act. For
7-26 purposes of this subsection, an offense is committed before the
7-27 effective date of this Act if any element of the offense occurs
8-1 before that date. An offense committed before the effective date
8-2 of this Act is governed by the law then in effect, and the former
8-3 law is continued in effect for that purpose.
8-4 SECTION 20. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.