By: J. Patterson S.B. No. 1143
73R4229 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prevention of horse theft; providing penalties.
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,
1-12 information on electronic identification of horses, and other
1-13 security measures to prevent horse theft.
1-14 (b) The department or a county office of the Texas
1-15 Agricultural Extension Service, as appropriate, periodically shall
1-16 notify horse owners of the training program through public service
1-17 announcements or other means.
1-18 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-19 (a) A state, county, or local law enforcement agency with
1-20 responsibility for investigating horse thefts shall provide
1-21 training for its employees likely to handle horse theft cases
1-22 regarding:
1-23 (1) state laws on horse theft;
1-24 (2) resources available for investigating horse
2-1 thefts;
2-2 (3) communication about horse theft with other law
2-3 enforcement agencies; and
2-4 (4) identification of missing horses.
2-5 (b) To facilitate greater communication between law
2-6 enforcement agencies in horse theft cases, state, county, and local
2-7 law enforcement agencies shall, to the greatest extent possible,
2-8 use the Texas Crime Information Center (TCIC) and the National
2-9 Crime Information Center (NCIC) in reporting and investigating
2-10 horse thefts.
2-11 Sec. 151.003. IDENTIFICATION AND REGISTRATION SYSTEM. The
2-12 department may develop and maintain a system of registration and
2-13 identification of horses. Each horse registered through the system
2-14 shall be assigned a unique identification number and the owner of
2-15 the horse shall receive a card identifying the horse and owner.
2-16 The registration and identification system may require the use of
2-17 electronic identification devices, brands, or marks.
2-18 SECTION 2. Section 144.001, Agriculture Code, is amended to
2-19 read as follows:
2-20 Sec. 144.001. OWNER'S MARKS, <AND> BRANDS, AND
2-21 IDENTIFICATION. (a) Each person who has cattle, hogs, sheep, or
2-22 goats shall have and may use one or more earmarks and one or more
2-23 brands differing from the earmarks and brands of the person's
2-24 neighbors.
2-25 (b) A person who owns a horse shall have and use one or more
2-26 earmarks and one or more brands differing from the earmarks or
2-27 brands of the person's neighbors or shall use an electronic
3-1 identification device to identify the horse.
3-2 SECTION 3. Section 144.002, Agriculture Code, is amended to
3-3 read as follows:
3-4 Sec. 144.002. BRANDS OF MINORS. A minor who owns cattle,
3-5 <or> hogs, or one or more horses may have one or more marks or
3-6 brands or electronic identification devices, but the parent or
3-7 guardian of the minor is responsible for the proper use of the
3-8 mark, <or> brand, or electronic identification device.
3-9 SECTION 4. Section 144.041, Agriculture Code, is amended to
3-10 read as follows:
3-11 Sec. 144.041. MARKS, <AND> BRANDS, AND IDENTIFICATION TO BE
3-12 RECORDED. (a) Each person who owns cattle, hogs, sheep, or goats
3-13 shall record that person's earmarks and brands with the county
3-14 clerk of the county in which the animals are located.
3-15 (b) A person who owns a horse shall record that person's
3-16 earmark, brand, or electronic identification device information
3-17 with the county clerk of the county in which the animal is located.
3-18 (c) <(b)> The county clerk shall keep a record of the marks
3-19 and brands of each person who applies to the clerk for that
3-20 purpose.
3-21 (d) <(c)> A person may record that person's marks and brands
3-22 in as many counties as necessary.
3-23 (e) <(d)> A person may record any mark or brand that the
3-24 person desires to use if no other person has recorded the mark or
3-25 brand, without regard to whether that person has previously
3-26 recorded a mark or brand.
3-27 SECTION 5. Section 144.102, Agriculture Code, is amended to
4-1 read as follows:
4-2 Sec. 144.102. Right to Register. In accordance with this
4-3 subchapter, a person who owns one or more horses, hogs, dogs,
4-4 sheep, or goats in this state is entitled to register for exclusive
4-5 use any tattoo mark that is not previously recorded.
4-6 SECTION 6. Section 146.001(a), Agriculture Code, is amended
4-7 to read as follows:
4-8 (a) If a person in this state sells or transfers a horse,
4-9 mule, jack, jennet, ox, or head of cattle, the actual delivery of
4-10 the animal must be accompanied by written proof of ownership and a
4-11 written transfer to the purchaser from the vendor. The written
4-12 transfer must give the marks, <and> brands, or electronic
4-13 identification device information of the animal and, if more than
4-14 one animal is transferred, must give the number transferred.
4-15 SECTION 7. Section 146.006(b), Agriculture Code, is amended
4-16 to read as follows:
4-17 (b) An offense under this section is a misdemeanor
4-18 punishable by a fine not to exceed $10,000 for each animal driven
4-19 to market in violation of this section <$2,000>.
4-20 SECTION 8. Section 146.007(b), Agriculture Code, is amended
4-21 to read as follows:
4-22 (b) An offense under this section is a misdemeanor
4-23 punishable by a fine of not less than $500 <$50> nor more than
4-24 $1,000 for each animal auctioned <$100>.
4-25 SECTION 9. Sections 146.008(b), (c), and (d), Agriculture
4-26 Code, are amended to read as follows:
4-27 (b) An offense under Subsection (a)(1) or (a)(2) of this
5-1 section is a misdemeanor punishable by a fine of not less than $250
5-2 <$25> nor more than $2,000 <$200> for each animal in the shipment.
5-3 (c) An offense under Subsection (a)(3) of this section is a
5-4 misdemeanor punishable by a fine of not less than $250 <$25> nor
5-5 more than $2,000 <$200> for each animal that is not covered by the
5-6 permit.
5-7 (d) An offense under Subsection (a)(4) or (a)(5) of this
5-8 section is a misdemeanor punishable by:
5-9 (1) a fine of not less than $2,000 <$200> nor more
5-10 than $5,000 <$500>;
5-11 (2) confinement in county jail for not less than 60
5-12 days nor more than 6 months; or
5-13 (3) both fine and confinement under this subsection.
5-14 SECTION 10. Section 146.052(b), Agriculture Code, is amended
5-15 to read as follows:
5-16 (b) This subchapter does not apply to horses, sheep, goats,
5-17 or swine or to the hides of those animals.
5-18 SECTION 11. Section 147.041(c), Agriculture Code, is amended
5-19 to read as follows:
5-20 (c) Each livestock auction commission merchant shall file a
5-21 quarterly report of all livestock sold with the commissioners court
5-22 of the county in which the commission merchant transacts business.
5-23 The report must include:
5-24 (1) a description of the livestock that includes:
5-25 (A) the color;
5-26 (B) the probable age;
5-27 (C) any marks or brands;
6-1 (D) the location of marks and brands;
6-2 (E) any electronic identification device; and
6-3 (F) all information coded on an electronic
6-4 identification device;
6-5 (2) the name and address of the consignor or the
6-6 person purporting to own the livestock; and
6-7 (3) the name and address of the purchaser.
6-8 SECTION 12. Section 147.065(b), Agriculture Code, is amended
6-9 to read as follows:
6-10 (b) An offense under this section is a misdemeanor
6-11 punishable by a fine of not more than $2,000 <$200>.
6-12 SECTION 13. Subchapter D, Chapter 147, Agriculture Code, is
6-13 amended by adding Section 147.066 to read as follows:
6-14 Sec. 147.066. FAILURE TO KEEP OR FILE SALES RECORDS. (a) A
6-15 person commits an offense if the person:
6-16 (1) fails to keep a record under Section 147.041(a) of
6-17 this code; or
6-18 (2) fails to file a quarterly report under Section
6-19 147.041(c) of this code.
6-20 (b) An offense under this section is a misdemeanor
6-21 punishable by a fine of not more than $2,000 for each animal not
6-22 properly recorded or reported.
6-23 SECTION 14. Subchapter C, Chapter 147, Agriculture Code, is
6-24 amended by adding Section 147.0411 to read as follows:
6-25 Sec. 147.0411. INSPECTION OF HORSES SOLD AT AUCTION. (a)
6-26 The department shall keep a record for each horse sold at auction
6-27 by a livestock auction commission merchant. The record must
7-1 contain an accurate description of the horse, including:
7-2 (1) the color of the horse;
7-3 (2) the probable age of the horse;
7-4 (3) the sex of the horse;
7-5 (4) a description of any marks and brands on the
7-6 horse;
7-7 (5) the location of the marks and brands; and
7-8 (6) all information coded on an electronic
7-9 identification device.
7-10 (b) The department may contract with any organized livestock
7-11 association in the state to record and maintain the information
7-12 required under Subsection (a) of this section.
7-13 (c) The department may collect a fee of not more than $3 per
7-14 horse to offset expenses resulting from the costs associated with
7-15 making a record under Subsection (a) of this section, or if the
7-16 department contracts with an association under Subsection (b) to
7-17 make the record, the department under the contract may permit the
7-18 association to collect and retain the $3 fee.
7-19 (d) The department shall keep the information collected
7-20 under Subsection (a) of this section on file until the first
7-21 anniversary of the date of the sale or attempted sale and shall
7-22 make the records available for public inspection at all reasonable
7-23 hours. If an organized livestock association records the
7-24 information for a livestock auction commission merchant, the
7-25 association may also keep the information recorded in the files of
7-26 the association.
7-27 SECTION 15. Section 148.011(c), Agriculture Code, is amended
8-1 to read as follows:
8-2 (c) The record must be prepared and made available to the
8-3 Texas Animal Health Commission and for public inspection within 24
8-4 hours after the slaughterer receives the livestock. The
8-5 slaughterer shall preserve the record for at least two years <one
8-6 year> and shall keep the record open for public inspection at all
8-7 reasonable hours.
8-8 SECTION 16. Subchapter B, Chapter 148, Agriculture Code, is
8-9 amended by adding Section 148.0111 to read as follows:
8-10 Sec. 148.0111. VIDEOTAPE REQUIRED FOR PURCHASE OR SLAUGHTER
8-11 OF HORSE. (a) A slaughterer may not purchase or slaughter a horse
8-12 unless the department or an organized livestock association under
8-13 contract with the department records an accurate description of the
8-14 horse in the manner provided by Section 147.0411 of this code or
8-15 videotapes the physical image and voice of the seller or person for
8-16 whom the horse is to be slaughtered while the person states:
8-17 (1) the person's name;
8-18 (2) the person's residence address;
8-19 (3) the person's date of birth;
8-20 (4) if applicable, the name of another on whose behalf
8-21 the person is selling the horse or having the horse slaughtered;
8-22 and
8-23 (5) if applicable, the business address of a business
8-24 on whose behalf the person is selling the horse or having the horse
8-25 slaughtered.
8-26 (b) The department shall keep all information recorded under
8-27 Subsection (a) of this section on file until the first anniversary
9-1 of the date of the sale, slaughter, or attempted sale or slaughter
9-2 and shall make the information available for public inspection at
9-3 all reasonable hours.
9-4 (c) The department or an organized livestock association may
9-5 collect a $3 fee to offset the costs of making a record under this
9-6 section in the same manner as fees are collected under Section
9-7 147.0411(c) of this code.
9-8 SECTION 17. Sections 148.012(c) and (d), Agriculture Code,
9-9 are amended to read as follows:
9-10 (c) In addition to the report made under Subsection (a) of
9-11 this section, a slaughterer of cattle or horses shall file with the
9-12 county clerk a record showing:
9-13 (1) the marks, brands, electronic identification
9-14 device information, and general description of the cattle or
9-15 horses;
9-16 (2) the names of the persons from whom the cattle or
9-17 horses were purchased;
9-18 (3) the date of purchase; and
9-19 (4) the county from which the cattle or horses were
9-20 driven.
9-21 (d) The slaughterer shall file the record required by
9-22 Subsection (c) of this section on the first day of each month with
9-23 the county clerk of the county where the cattle or horses were
9-24 slaughtered. The clerk shall copy the report into records
9-25 maintained for that purpose and return the original to the person
9-26 recording the information.
9-27 SECTION 18. Section 148.062(b), Agriculture Code, is amended
10-1 to read as follows:
10-2 (b) An offense under this section is a misdemeanor
10-3 punishable by a fine of not less than $500 <$50> nor more than
10-4 $3,000 for each animal slaughtered <$300>.
10-5 SECTION 19. Section 148.063(b), Agriculture Code, is amended
10-6 to read as follows:
10-7 (b) An offense under this section is a misdemeanor
10-8 punishable by a fine of not more than $2,000 <$200>.
10-9 SECTION 20. Section 148.064, Agriculture Code, is amended to
10-10 read as follows:
10-11 Sec. 148.064. Failure to Report to County. (a) A person
10-12 required by Section 148.012<(a)> of this code to file reports on
10-13 slaughtered animals with the county commits an offense if the
10-14 person fails to file a report as required by that section.
10-15 (b) An offense under this section is a misdemeanor
10-16 punishable by a fine of not less than $500 <$50> nor more than
10-17 $3,000 for each animal not properly reported <$300>.
10-18 SECTION 21. Section 31.03(e), Penal Code, is amended to read
10-19 as follows:
10-20 (e) Except as provided by Subsection (f) of this section, an
10-21 offense under this section is:
10-22 (1) a Class C misdemeanor if the value of the property
10-23 stolen is less than $20;
10-24 (2) a Class B misdemeanor if:
10-25 (A) the value of the property stolen is $20 or
10-26 more but less than $200; or
10-27 (B) the value of the property stolen is less
11-1 than $20 and the defendant has previously been convicted of any
11-2 grade of theft;
11-3 (3) a Class A misdemeanor if:
11-4 (A) the value of the property stolen is $200 or
11-5 more but less than $750; or
11-6 (B) the property stolen is one firearm, as
11-7 defined by Section 46.01 of this code, and is valued at less than
11-8 $400;
11-9 (4) a felony of the third degree if:
11-10 (A) the value of the property stolen is $750 or
11-11 more but less than $20,000, or the property is one or more head of
11-12 cattle, <horses,> sheep, swine, or goats or any part thereof under
11-13 the value of $20,000;
11-14 (B) regardless of value, the property is stolen
11-15 from the person of another or from a human corpse or grave;
11-16 (C) the property stolen is one firearm, as
11-17 defined by Section 46.01 of this code, and is valued at more than
11-18 $400;
11-19 (D) the property stolen is two or more firearms,
11-20 as defined by Section 46.01 of this code; or
11-21 (E) the value of the property stolen is less
11-22 than $750 and the defendant has been previously convicted two or
11-23 more times of any grade of theft;
11-24 (5) a felony of the second degree if:
11-25 (A) the value of the property stolen is less
11-26 than $100,000 and the property is:
11-27 (i) combustible hydrocarbon natural or
12-1 synthetic natural gas, or crude petroleum oil;
12-2 (ii) equipment designed for use in
12-3 exploration for or production of natural gas or crude petroleum
12-4 oil; or
12-5 (iii) equipment designed for use in
12-6 remedial or diagnostic operations on gas or crude petroleum oil
12-7 wells;
12-8 (B) the value of the property stolen is $20,000
12-9 or more but less than $100,000; <or>
12-10 (C) the value of the property is less than
12-11 $100,000 and the property was unlawfully appropriated or attempted
12-12 to be unlawfully appropriated by threat to commit a felony offense
12-13 against the person or property of the person threatened or another
12-14 or to withhold information about the location or purported location
12-15 of a bomb, poison, or other harmful object that threatens to harm
12-16 the person or property of the person threatened or another person;
12-17 or
12-18 (D) the property stolen is one or more horses or
12-19 any part thereof; or
12-20 (6) a felony of the first degree if:
12-21 (A) the value of the property stolen is $100,000
12-22 or more; or
12-23 (B) the value of the property is $100,000 or
12-24 more and the property was unlawfully appropriated or attempted to
12-25 be unlawfully appropriated in the manner described by Subdivision
12-26 (5)(C) of this subsection.
12-27 SECTION 22. Not later than December 31, 1993, the
13-1 commissioner of agriculture of this state shall request in writing
13-2 that the secretary of agriculture of the United States require a
13-3 department, agency, or association that is authorized to inspect
13-4 livestock under 7 U.S.C. Sec. 217a, to inspect each horse held,
13-5 handled, purchased, or sold through a stockyard regulated by the
13-6 United States Department of Agriculture under the Packers and
13-7 Stockyards Act, 1921, 7 U.S.C. Chapter 9.
13-8 SECTION 23. (a) This Act takes effect September 1, 1993.
13-9 (b) The change in law made by this Act applies only to an
13-10 offense committed on or after the effective date of this Act. For
13-11 purposes of this subsection, an offense is committed before the
13-12 effective date of this Act if any element of the offense occurs
13-13 before that date. An offense committed before the effective date
13-14 of this Act is governed by the law then in effect, and the former
13-15 law is continued in effect for that purpose.
13-16 SECTION 24. The importance of this legislation and the
13-17 crowded condition of the calendars in both houses create an
13-18 emergency and an imperative public necessity that the
13-19 constitutional rule requiring bills to be read on three several
13-20 days in each house be suspended, and this rule is hereby suspended.