1-1  By:  Finnell (Senate Sponsor - Patterson)              H.B. No. 658
    1-2        (In the Senate - Received from the House May 14, 1993;
    1-3  May 20, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 25, 1993, reported favorably by the following vote:
    1-5  Yeas 8, Nays 2; May 25, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos                                     x   
   1-12        Bivins                    x                        
   1-13        Brown              x                               
   1-14        Carriker           x                               
   1-15        Lucio              x                               
   1-16        Montford                  x                        
   1-17        Ratliff            x                               
   1-18        Shelley            x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the prevention of horse theft.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Subtitle B, Title 6, Agriculture Code, is amended
   1-24  by adding Chapter 151 to read as follows:
   1-25       CHAPTER 151.  PREVENTION AND INVESTIGATION OF HORSE THEFT
   1-26        Sec. 151.001.  TRAINING PROGRAM FOR HORSE OWNERS.  (a)  The
   1-27  Texas Agricultural Extension Service shall develop an ongoing
   1-28  training program for horse owners to promote the prevention of
   1-29  horse theft.  The program must include information on visible,
   1-30  permanent identification of horses and other security measures to
   1-31  prevent horse theft.
   1-32        (b)  A county office of the Texas Agricultural Extension
   1-33  Service periodically shall notify horse owners of the training
   1-34  program through public service announcements or other means.
   1-35        Sec. 151.002.  TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
   1-36  (a)  A state, county, or local law enforcement agency with
   1-37  responsibility for investigating horse thefts shall provide
   1-38  training for its employees likely to handle horse theft cases
   1-39  regarding:
   1-40              (1)  state laws on horse theft;
   1-41              (2)  resources available for investigating horse
   1-42  thefts;
   1-43              (3)  communication about horse theft with other law
   1-44  enforcement agencies; and
   1-45              (4)  identification of missing horses.
   1-46        (b)  To facilitate greater communication between law
   1-47  enforcement agencies in horse theft cases, state, county, and local
   1-48  law enforcement agencies shall, to the greatest extent possible,
   1-49  use the Texas Crime Information Center (TCIC) and the National
   1-50  Crime Information Center (NCIC) in reporting and investigating
   1-51  horse thefts.
   1-52        SECTION 2.  Section 144.001, Agriculture Code, is amended to
   1-53  read as follows:
   1-54        Sec. 144.001.  Owner's Marks and Brands.  (a)  Each person
   1-55  who has cattle, hogs, sheep, or goats shall have and may use one or
   1-56  more earmarks and one or more brands differing from the earmarks
   1-57  and brands of the person's neighbors.
   1-58        (b)  A person who owns a horse may have and use one or more
   1-59  of the following to identify the horse:
   1-60              (1)  a brand differing from the brand of the person's
   1-61  neighbors, including a fire or electric heat brand, freeze brand,
   1-62  acid brand, or hoof brand;
   1-63              (2)  an earmark differing from the earmark of the
   1-64  person's neighbors;
   1-65              (3)  a tattoo differing from the tattoo of the person's
   1-66  neighbors;
   1-67              (4)  an electronic device; or
   1-68              (5)  another generally accepted identification method.
    2-1        SECTION 3.  Section 144.002, Agriculture Code, is amended to
    2-2  read as follows:
    2-3        Sec. 144.002.  Brands of Minors.  A minor who owns cattle,
    2-4  <or> hogs, or one or more horses may have one or more marks or
    2-5  brands, but the parent or guardian of the minor is responsible for
    2-6  the proper use of the mark or brand.
    2-7        SECTION 4.  Section 144.041, Agriculture Code, is amended to
    2-8  read as follows:
    2-9        Sec. 144.041.  Marks and Brands to be Recorded.  (a)  Each
   2-10  person who owns cattle, hogs, sheep, or goats shall record that
   2-11  person's earmarks and brands with the county clerk of the county in
   2-12  which the animals are located.
   2-13        (b)  A person who owns a horse shall record an identification
   2-14  mark authorized by Section 144.001(b) of this code with the county
   2-15  clerk of the county in which the animal is located.
   2-16        (c) <(b)>  The county clerk shall keep a record of the marks
   2-17  and brands of each person who applies to the clerk for that
   2-18  purpose.
   2-19        (d) <(c)>  A person may record that person's marks and brands
   2-20  in as many counties as necessary.
   2-21        (e) <(d)>  A person may record any mark or brand that the
   2-22  person desires to use if no other person has recorded the mark or
   2-23  brand, without regard to whether that person has previously
   2-24  recorded a mark or brand.
   2-25        SECTION 5.  Section 144.102, Agriculture Code, is amended to
   2-26  read as follows:
   2-27        Sec. 144.102.  Right to Register.  In accordance with this
   2-28  subchapter, a person who owns one or more horses, hogs, dogs,
   2-29  sheep, or goats in this state is entitled to register for exclusive
   2-30  use any tattoo mark  or other generally accepted identification
   2-31  method that is not previously recorded.
   2-32        SECTION 6.  Section 146.052(b), Agriculture Code, is amended
   2-33  to read as follows:
   2-34        (b)  This subchapter does not apply to horses, sheep, goats,
   2-35  or swine or to the hides of those animals.
   2-36        SECTION 7.  Section 148.011(c), Agriculture Code, is amended
   2-37  to read as follows:
   2-38        (c)  The record must be prepared and made available to the
   2-39  Texas Animal Health Commission and for public inspection within 24
   2-40  hours after the slaughterer receives the livestock.  The
   2-41  slaughterer shall preserve the record for at least two years <one
   2-42  year> and shall keep the record open for public inspection at all
   2-43  reasonable hours.
   2-44        SECTION 8.  Sections 148.012(c) and (d), Agriculture Code,
   2-45  are amended to read as follows:
   2-46        (c)  In addition to the report made under Subsection (a) of
   2-47  this section, a slaughterer of cattle or horses shall file with the
   2-48  county clerk a record showing:
   2-49              (1)  the marks, brands, and general description of the
   2-50  cattle or horses;
   2-51              (2)  the names of the persons from whom the cattle or
   2-52  horses were purchased;
   2-53              (3)  the date of purchase; and
   2-54              (4)  the county from which the cattle or horses were
   2-55  driven.
   2-56        (d)  The slaughterer shall file the record required by
   2-57  Subsection (c) of this section on the first day of each month with
   2-58  the county clerk of the county where the cattle or horses were
   2-59  slaughtered.  The clerk shall copy the report into records
   2-60  maintained for that purpose and return the original to the person
   2-61  recording the information.
   2-62        SECTION 9.  Subchapter C, Chapter 148, Agriculture Code, is
   2-63  amended by adding Sections 148.029 and 148.030 to read as follows:
   2-64        Sec. 148.029.  FEE FOR HORSES SOLD TO SLAUGHTERER.  (a)  A
   2-65  slaughterer shall pay the following fees for each horse purchased
   2-66  for slaughter:
   2-67              (1)  $2 to the Texas Agricultural Extension Service;
   2-68  and
   2-69              (2)  $3 to the department, agency, or association
   2-70  authorized and designated by the secretary of agriculture of the
    3-1  United States to inspect livestock in Texas under 7 U.S.C. Section
    3-2  217a.
    3-3        (b)  The slaughterer shall remit the fees required by
    3-4  Subsection (a) of this section on a weekly basis.
    3-5        (c)  All fees received under Subsection (a)(2) of this
    3-6  section may be used only in administering the inspection required
    3-7  under Section 148.030 of this code.
    3-8        (d)  All fees received by the Texas Agricultural Extension
    3-9  Service under this section shall be deposited in a special account
   3-10  in the general revenue fund that may be appropriated only to the
   3-11  Texas Agricultural Extension Service for the training programs on
   3-12  horse theft under Chapter 151 of this code.  Funds in that account
   3-13  are not subject to Sections 403.093 and 403.094, Government Code.
   3-14        Sec. 148.030.  INSPECTION OF HORSES SOLD THROUGH CERTAIN
   3-15  SLAUGHTERHOUSES.  The department, agency, or association authorized
   3-16  to inspect livestock under 7 U.S.C. Section 217a may inspect for
   3-17  identification purposes each horse held, handled, purchased, or
   3-18  sold through a slaughterhouse producing horse meat for export for
   3-19  human consumption under the federal inspection program regulated
   3-20  under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.
   3-21        SECTION 10.  This Act takes effect September 1, 1993.
   3-22        SECTION 11.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency   and   an   imperative   public   necessity   that   the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.
   3-27                               * * * * *
   3-28                                                         Austin,
   3-29  Texas
   3-30                                                         May 25, 1993
   3-31  Hon. Bob Bullock
   3-32  President of the Senate
   3-33  Sir:
   3-34  We, your Committee on Natural Resources to which was referred H.B.
   3-35  No. 658, have had the same under consideration, and I am instructed
   3-36  to report it back to the Senate with the recommendation that it do
   3-37  pass and be printed.
   3-38                                                         Sims,
   3-39  Chairman
   3-40                               * * * * *
   3-41                               WITNESSES
   3-42                                                  FOR   AGAINST  ON
   3-43  ___________________________________________________________________
   3-44  Name:  Anelita Donald                            x
   3-45  Representing:  American Horse Protection Asso
   3-46  City:  Ft. Worth
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   3-48  Name:  Ben Ansolaabehere                                 x
   3-49  Representing:  Greate Western Meat Co.
   3-50  City:  Levelland
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   3-52  Name:  Vernon Fritze, Jr.                                x
   3-53  Representing:  Vernon Calhoun Packing Co.
   3-54  City:  Palestine
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   3-56  Name:  Fran Carr                                 x
   3-57  Representing:
   3-58  City:  Cedar Creek
   3-59  -------------------------------------------------------------------
   3-60  Name:  Ed Small                                  x
   3-61  Representing:  Tx & Southwestern Cattle Rais
   3-62  City:  Austin
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   3-64                                                  FOR   AGAINST  ON
   3-65  ___________________________________________________________________
   3-66  Name:  Bill Powers                               x
   3-67  Representing:  Texas Farm Bureau
   3-68  City:  Austin
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   3-70  Name:  Pete Hale                                 x
    4-1  Representing:  Tx Waurter Horse Assn.
    4-2  City:  Austin
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    4-4  Name:  Jeff Hooper                               x
    4-5  Representing:  Tx Thoroughbred Breeders Assn
    4-6  City:  Austin
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    4-8  Name:  Patricia Phelps                           x
    4-9  Representing:  Self
   4-10  City:  Weir
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   4-12  Name:  Larry Toungate                            x
   4-13  Representing:
   4-14  City:  Granger
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   4-16  Name:  J. Brent Heberlein                                x
   4-17  Representing:  Beltex Corporation
   4-18  City:  Ft. Worth
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