BILL ANALYSIS



S.B. 1028
By: Haywood (Seidlits)
04-26-95
Committee Report (Unamended)


BACKGROUND

In 1874, Section 146.004 of the Agriculture Code was introduced,
requiring livestock auctioneers to file with the county clerk a
record of the horses, mules and oxen that they sold.  The statute
required the records to contain a statement of how the seller
acquired the animal and from whom it was acquired, a description
of the animal, and the names and addresses of the seller and
purchaser of the animal.  A penalty for violating this statute
was included in Section 146.007 of the Agriculture Code.

This information is not required by any auction barn, leading
people to believe that the law is no longer in use.  Recently,
however, these provisions were used in a legal dispute where the
word "ox" was ruled to indicate cattle.  This resulted in a large
damage award to the plaintiff and a fear that cumbersome and
duplicate paperwork requirements were now going to be enforced.

Chapter 147 of the Agriculture Code, requires livestock auction
commissioners to keep records of cattle, hogs, sheep, goats,
mules, horses, jacks and jennets sold, similar to the records
required of auctioneers in Section 146.004.  In addition, the
Texas Animal Health Commission regulations require auction barns
to keep records that can be used to trace a diseased animal.


PURPOSE

This bill deletes Sections 146.004 and 146.007, Agriculture Code,
requiring auctioneers to keep animal sales records.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Deletes Sections 146.004 and 146.007, Agriculture
Code, regarding records to be kept by an auctioneer on the sale
of horses, mules or oxen at auction and the associated penalties.

SECTION 2.  Emergency clause.  Effective upon passage.


SUMMARY OF COMMITTEE ACTION

The committee considered S.B. 1028 in a formal meeting on
Wednesday, April 26, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, and be sent to the
Committee on Local and Consent Calendars, by a record vote of 8
ayes, 0 nays, 0 pnv, 1 absent.