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
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