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
3-47 -------------------------------------------------------------------
3-48 Name: Ben Ansolaabehere x
3-49 Representing: Greate Western Meat Co.
3-50 City: Levelland
3-51 -------------------------------------------------------------------
3-52 Name: Vernon Fritze, Jr. x
3-53 Representing: Vernon Calhoun Packing Co.
3-54 City: Palestine
3-55 -------------------------------------------------------------------
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
3-63 -------------------------------------------------------------------
3-64 FOR AGAINST ON
3-65 ___________________________________________________________________
3-66 Name: Bill Powers x
3-67 Representing: Texas Farm Bureau
3-68 City: Austin
3-69 -------------------------------------------------------------------
3-70 Name: Pete Hale x
4-1 Representing: Tx Waurter Horse Assn.
4-2 City: Austin
4-3 -------------------------------------------------------------------
4-4 Name: Jeff Hooper x
4-5 Representing: Tx Thoroughbred Breeders Assn
4-6 City: Austin
4-7 -------------------------------------------------------------------
4-8 Name: Patricia Phelps x
4-9 Representing: Self
4-10 City: Weir
4-11 -------------------------------------------------------------------
4-12 Name: Larry Toungate x
4-13 Representing:
4-14 City: Granger
4-15 -------------------------------------------------------------------
4-16 Name: J. Brent Heberlein x
4-17 Representing: Beltex Corporation
4-18 City: Ft. Worth
4-19 -------------------------------------------------------------------