1-1 By: Patterson S.B. No. 1143
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 7, 1993,
1-6 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 S.B. No. 1143 By: Carriker
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the prevention of horse theft.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-26 by adding Chapter 151 to read as follows:
1-27 CHAPTER 151. PREVENTION AND INVESTIGATION OF HORSE THEFT
1-28 Sec. 151.001. TRAINING PROGRAM FOR HORSE OWNERS. (a) The
1-29 Texas Agricultural Extension Service shall develop an ongoing
1-30 training program for horse owners to promote the prevention of
1-31 horse theft. The program must include information on visible,
1-32 permanent identification of horses and other security measures to
1-33 prevent horse theft.
1-34 (b) A county office of the Texas Agricultural Extension
1-35 Service periodically shall notify horse owners of the training
1-36 program through public service announcements or other means.
1-37 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-38 (a) A state, county, or local law enforcement agency with
1-39 responsibility for investigating horse thefts shall provide
1-40 training for its employees likely to handle horse theft cases
1-41 regarding:
1-42 (1) state laws on horse theft;
1-43 (2) resources available for investigating horse
1-44 thefts;
1-45 (3) communication about horse theft with other law
1-46 enforcement agencies; and
1-47 (4) identification of missing horses.
1-48 (b) To facilitate greater communication between law
1-49 enforcement agencies in horse theft cases, state, county, and local
1-50 law enforcement agencies shall, to the greatest extent possible,
1-51 use the Texas Crime Information Center (TCIC) and the National
1-52 Crime Information Center (NCIC) in reporting and investigating
1-53 horse thefts.
1-54 SECTION 2. Section 144.001, Agriculture Code, is amended to
1-55 read as follows:
1-56 Sec. 144.001. Owner's Marks and Brands. (a) Each person
1-57 who has cattle, hogs, sheep, or goats shall have and may use one or
1-58 more earmarks and one or more brands differing from the earmarks
1-59 and brands of the person's neighbors.
1-60 (b) A person who owns a horse may have and use one or more
1-61 of the following to identify the horse:
1-62 (1) a brand differing from the brand of the person's
1-63 neighbors, including a fire or electric heat brand, freeze brand,
1-64 acid brand, or hoof brand;
1-65 (2) an earmark differing from the earmark of the
1-66 person's neighbors;
1-67 (3) a tattoo differing from the tattoo of the person's
1-68 neighbors;
2-1 (4) an electronic device; or
2-2 (5) another generally accepted identification method.
2-3 SECTION 3. Section 144.002, Agriculture Code, is amended to
2-4 read as follows:
2-5 Sec. 144.002. Brands of Minors. A minor who owns cattle,
2-6 <or> hogs, or one or more horses may have one or more marks or
2-7 brands, but the parent or guardian of the minor is responsible for
2-8 the proper use of the mark or brand.
2-9 SECTION 4. Section 144.041, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
2-12 person who owns cattle, hogs, sheep, or goats shall record that
2-13 person's earmarks and brands with the county clerk of the county in
2-14 which the animals are located.
2-15 (b) A person who owns a horse shall record an identification
2-16 mark authorized by Section 144.001(b) of this code with the county
2-17 clerk of the county in which the animal is located.
2-18 (c) The county clerk shall keep a record of the marks and
2-19 brands of each person who applies to the clerk for that purpose.
2-20 (d) <(c)> A person may record that person's marks and brands
2-21 in as many counties as necessary.
2-22 (e) <(d)> A person may record any mark or brand that the
2-23 person desires to use if no other person has recorded the mark or
2-24 brand, without regard to whether that person has previously
2-25 recorded a mark or brand.
2-26 SECTION 5. Section 144.102, Agriculture Code, is amended to
2-27 read as follows:
2-28 Sec. 144.102. Right to Register. In accordance with this
2-29 subchapter, a person who owns one or more horses, hogs, dogs,
2-30 sheep, or goats in this state is entitled to register for exclusive
2-31 use any tattoo mark or other generally accepted identification
2-32 method that is not previously recorded.
2-33 SECTION 6. Subsection (b), Section 146.052, Agriculture
2-34 Code, is amended to read as follows:
2-35 (b) This subchapter does not apply to horses, sheep, goats,
2-36 or swine or to the hides of those animals.
2-37 SECTION 7. Subsection (c), Section 148.011, Agriculture
2-38 Code, is amended to read as follows:
2-39 (c) The record must be prepared and made available to the
2-40 Texas Animal Health Commission and for public inspection within 24
2-41 hours after the slaughterer receives the livestock. The
2-42 slaughterer shall preserve the record for at least two years <one
2-43 year> and shall keep the record open for public inspection at all
2-44 reasonable hours.
2-45 SECTION 8. Subsections (c) and (d), Section 148.012,
2-46 Agriculture Code, are amended to read as follows:
2-47 (c) In addition to the report made under Subsection (a) of
2-48 this section, a slaughterer of cattle or horses shall file with the
2-49 county clerk a record showing:
2-50 (1) the marks, brands, and general description of the
2-51 cattle or horses;
2-52 (2) the names of the persons from whom the cattle or
2-53 horses were purchased;
2-54 (3) the date of purchase; and
2-55 (4) the county from which the cattle or horses were
2-56 driven.
2-57 (d) The slaughterer shall file the record required by
2-58 Subsection (c) of this section on the first day of each month with
2-59 the county clerk of the county where the cattle or horses were
2-60 slaughtered. The clerk shall copy the report into records
2-61 maintained for that purpose and return the original to the person
2-62 recording the information.
2-63 SECTION 9. Subchapter C, Chapter 148, Agriculture Code, is
2-64 amended by adding Sections 148.029 and 148.030 to read as follows:
2-65 Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A
2-66 slaughterer shall pay the following fees for each horse purchased
2-67 for slaughter:
2-68 (1) $1 to the Texas Agricultural Extension Service;
2-69 and
2-70 (2) $4 to the department, agency, or association
3-1 authorized and designated by the secretary of agriculture of the
3-2 United States to inspect livestock in Texas under 7 U.S.C. Section
3-3 217a.
3-4 (b) The slaughterer shall remit the fees required by
3-5 Subsection (a) of this section on a weekly basis.
3-6 (c) All fees received under Subsection (a)(2) of this
3-7 section may be used only in administering the inspection required
3-8 under Section 148.030 of this code.
3-9 (d) All fees received by the Texas Agricultural Extension
3-10 Service under this section shall be deposited in a special account
3-11 in the general revenue fund that may be appropriated only to the
3-12 Texas Agricultural Extension Service for the training programs on
3-13 horse theft under Chapter 151 of this code. Funds in that account
3-14 are not subject to Sections 403.093 and 403.094, Government Code.
3-15 Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN
3-16 SLAUGHTERHOUSES. The department, agency, or association authorized
3-17 to inspect livestock under 7 U.S.C. Section 217a may inspect for
3-18 identification purposes each horse held, handled, purchased, or
3-19 sold through a slaughterhouse producing horse meat for export for
3-20 human consumption under the federal inspection program regulated
3-21 under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.
3-22 SECTION 10. Subsection (e), Section 31.03, Penal Code, is
3-23 amended to read as follows:
3-24 (e) Except as provided by Subsection (f) of this section, an
3-25 offense under this section is:
3-26 (1) a Class C misdemeanor if the value of the property
3-27 stolen is less than $20;
3-28 (2) a Class B misdemeanor if:
3-29 (A) the value of the property stolen is $20 or
3-30 more but less than $200; or
3-31 (B) the value of the property stolen is less
3-32 than $20 and the defendant has previously been convicted of any
3-33 grade of theft;
3-34 (3) a Class A misdemeanor if:
3-35 (A) the value of the property stolen is $200 or
3-36 more but less than $750; or
3-37 (B) the property stolen is one firearm, as
3-38 defined by Section 46.01 of this code, and is valued at less than
3-39 $400;
3-40 (4) a felony of the third degree if:
3-41 (A) the value of the property stolen is $750 or
3-42 more but less than $20,000, or the property is one or more head of
3-43 cattle, <horses,> sheep, swine, or goats or any part thereof under
3-44 the value of $20,000;
3-45 (B) regardless of value, the property is stolen
3-46 from the person of another or from a human corpse or grave;
3-47 (C) the property stolen is one firearm, as
3-48 defined by Section 46.01 of this code, and is valued at more than
3-49 $400;
3-50 (D) the property stolen is two or more firearms,
3-51 as defined by Section 46.01 of this code; or
3-52 (E) the value of the property stolen is less
3-53 than $750 and the defendant has been previously convicted two or
3-54 more times of any grade of theft;
3-55 (5) a felony of the second degree if:
3-56 (A) the value of the property stolen is less
3-57 than $100,000 and the property is:
3-58 (i) combustible hydrocarbon natural or
3-59 synthetic natural gas, or crude petroleum oil;
3-60 (ii) equipment designed for use in
3-61 exploration for or production of natural gas or crude petroleum
3-62 oil; or
3-63 (iii) equipment designed for use in
3-64 remedial or diagnostic operations on gas or crude petroleum oil
3-65 wells;
3-66 (B) the value of the property stolen is $20,000
3-67 or more but less than $100,000; <or>
3-68 (C) the value of the property is less than
3-69 $100,000 and the property was unlawfully appropriated or attempted
3-70 to be unlawfully appropriated by threat to commit a felony offense
4-1 against the person or property of the person threatened or another
4-2 or to withhold information about the location or purported location
4-3 of a bomb, poison, or other harmful object that threatens to harm
4-4 the person or property of the person threatened or another person;
4-5 or
4-6 (D) the property stolen is one or more horses or
4-7 any part thereof, regardless of value; or
4-8 (6) a felony of the first degree if:
4-9 (A) the value of the property stolen is $100,000
4-10 or more; or
4-11 (B) the value of the property is $100,000 or
4-12 more and the property was unlawfully appropriated or attempted to
4-13 be unlawfully appropriated in the manner described by Subdivision
4-14 (5)(C) of this subsection.
4-15 SECTION 11. This Act takes effect September 1, 1993.
4-16 SECTION 12. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.
4-21 * * * * *
4-22 Austin,
4-23 Texas
4-24 May 7, 1993
4-25 Hon. Bob Bullock
4-26 President of the Senate
4-27 Sir:
4-28 We, your Committee on Natural Resources to which was referred S.B.
4-29 No. 1143, have had the same under consideration, and I am
4-30 instructed to report it back to the Senate with the recommendation
4-31 that it do not pass, but that the Committee Substitute adopted in
4-32 lieu thereof do pass and be printed.
4-33 Sims,
4-34 Chairman
4-35 * * * * *
4-36 WITNESSES
4-37 FOR AGAINST ON
4-38 ___________________________________________________________________
4-39 Name: Ed Small x
4-40 Representing: Texas & SW Cattle Raisers
4-41 City: Austin, Texas
4-42 -------------------------------------------------------------------
4-43 Name: Brenda Whitlow x
4-44 Representing: Self
4-45 City: Branch Springs, Texas
4-46 -------------------------------------------------------------------
4-47 Name: Carolyn Bender x
4-48 Representing: Self
4-49 City: Quinlin, Texas
4-50 -------------------------------------------------------------------
4-51 Name: Teri Lee x
4-52 Representing: Self
4-53 City: Fort Worth, Texas
4-54 -------------------------------------------------------------------
4-55 Name: Amelita F. Donald x
4-56 Representing: American Horse Protection
4-57 City: Ft Worth, Texas
4-58 -------------------------------------------------------------------
4-59 Name: Michael "Heath" Taylor x
4-60 Representing: Texas Quarter Horse Assn
4-61 City: Austin, Texas
4-62 -------------------------------------------------------------------
4-63 Name: Durwood Tucker x
4-64 Representing: Farm Bureau
4-65 City: Austin, Texas
4-66 -------------------------------------------------------------------
4-67 FOR AGAINST ON
4-68 ___________________________________________________________________
4-69 Name: Fran Carr x
4-70 Representing: Self
5-1 City: Cedar Creek, Texas
5-2 -------------------------------------------------------------------
5-3 Name: James Stephen Bollom x
5-4 Representing: The Horseowners of Texas
5-5 City: Houston, Texas
5-6 -------------------------------------------------------------------
5-7 Name: James C. Grimm x
5-8 Representing: Self
5-9 City: Round Rock, Texas
5-10 -------------------------------------------------------------------