By Patterson S.B. No. 109
74R2101 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prevention of horse theft.
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 Texas Agricultural Extension Service shall develop an ongoing
1-9 training program for horse owners to promote the prevention of
1-10 horse theft. The program must include information on visible,
1-11 permanent identification of horses and other security measures to
1-12 prevent horse theft.
1-13 (b) A county office of the Texas Agricultural Extension
1-14 Service periodically shall notify horse owners of the training
1-15 program through public service announcements or other means.
1-16 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-17 (a) A state, county, or local law enforcement agency with
1-18 responsibility for investigating horse thefts shall provide
1-19 training for its employees likely to handle horse theft cases
1-20 regarding:
1-21 (1) state laws on horse theft;
1-22 (2) resources available for investigating horse
1-23 thefts;
1-24 (3) communication about horse theft with other law
2-1 enforcement agencies; and
2-2 (4) identification of missing horses.
2-3 (b) To facilitate greater communication between law
2-4 enforcement agencies in horse theft cases, state, county, and local
2-5 law enforcement agencies shall, to the greatest extent possible,
2-6 use the Texas Crime Information Center (TCIC) and the National
2-7 Crime Information Center (NCIC) in reporting and investigating
2-8 horse thefts.
2-9 SECTION 2. Section 144.001, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 144.001. Owner's Marks and Brands. (a) Each person
2-12 who has cattle, hogs, sheep, or goats shall have and may use one or
2-13 more earmarks and one or more brands differing from the earmarks
2-14 and brands of the person's neighbors.
2-15 (b) A person who owns a horse may have and use one or more
2-16 of the following to identify the horse:
2-17 (1) a brand differing from the brand of the person's
2-18 neighbors, including a fire or electric heat brand, freeze brand,
2-19 acid brand, or hoof brand;
2-20 (2) an earmark differing from the earmark of the
2-21 person's neighbors;
2-22 (3) a tattoo differing from the tattoo of the person's
2-23 neighbors;
2-24 (4) an electronic device; or
2-25 (5) another generally accepted identification method.
2-26 SECTION 3. Section 144.002, Agriculture Code, is amended to
2-27 read as follows:
3-1 Sec. 144.002. Brands of Minors. A minor who owns cattle,
3-2 <or> hogs, or one or more horses may have one or more marks or
3-3 brands, but the parent or guardian of the minor is responsible for
3-4 the proper use of the mark or brand.
3-5 SECTION 4. Section 144.041, Agriculture Code, is amended to
3-6 read as follows:
3-7 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
3-8 person who owns cattle, hogs, sheep, or goats shall record that
3-9 person's earmarks and brands with the county clerk of the county in
3-10 which the animals are located.
3-11 (b) A person who owns a horse shall record an identification
3-12 mark authorized by Section 144.001(b) with the county clerk of the
3-13 county in which the animal is located.
3-14 (c) The county clerk shall keep a record of the marks and
3-15 brands of each person who applies to the clerk for that purpose.
3-16 (d) <(c)> A person may record that person's marks and brands
3-17 in as many counties as necessary.
3-18 (e) <(d)> A person may record any mark or brand that the
3-19 person desires to use if no other person has recorded the mark or
3-20 brand, without regard to whether that person has previously
3-21 recorded a mark or brand.
3-22 SECTION 5. Section 144.102, Agriculture Code, is amended to
3-23 read as follows:
3-24 Sec. 144.102. Right to Register. In accordance with this
3-25 subchapter, a person who owns one or more horses, hogs, dogs,
3-26 sheep, or goats in this state is entitled to register for exclusive
3-27 use any tattoo mark or other generally accepted identification
4-1 method that is not previously recorded.
4-2 SECTION 6. Section 146.052(b), Agriculture Code, is amended
4-3 to read as follows:
4-4 (b) This subchapter does not apply to horses, sheep, goats,
4-5 or swine or to the hides of those animals.
4-6 SECTION 7. Section 148.011(c), Agriculture Code, is amended
4-7 to read as follows:
4-8 (c) The record must be prepared and made available to the
4-9 Texas Animal Health Commission and for public inspection within 24
4-10 hours after the slaughterer receives the livestock. The
4-11 slaughterer shall preserve the record for at least two years <one
4-12 year> and shall keep the record open for public inspection at all
4-13 reasonable hours.
4-14 SECTION 8. Sections 148.012(c) and (d), Agriculture Code,
4-15 are amended to read as follows:
4-16 (c) In addition to the report made under Subsection (a) of
4-17 this section, a slaughterer of cattle or horses shall file with the
4-18 county clerk a record showing:
4-19 (1) the marks, brands, and general description of the
4-20 cattle or horses;
4-21 (2) the names of the persons from whom the cattle or
4-22 horses were purchased;
4-23 (3) the date of purchase; and
4-24 (4) the county from which the cattle or horses were
4-25 driven.
4-26 (d) The slaughterer shall file the record required by
4-27 Subsection (c) of this section on the first day of each month with
5-1 the county clerk of the county where the cattle or horses were
5-2 slaughtered. The clerk shall copy the report into records
5-3 maintained for that purpose and return the original to the person
5-4 recording the information.
5-5 SECTION 9. Subchapter C, Chapter 148, Agriculture Code, is
5-6 amended by adding Sections 148.029 and 148.030 to read as follows:
5-7 Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A
5-8 slaughterer shall pay the following fees for each horse purchased
5-9 for slaughter:
5-10 (1) $1 to the Texas Agricultural Extension Service;
5-11 and
5-12 (2) $4 to the department, agency, or association
5-13 authorized and designated by the secretary of agriculture of the
5-14 United States to inspect livestock in Texas under 7 U.S.C. Section
5-15 217a.
5-16 (b) The slaughterer shall remit the fees required by
5-17 Subsection (a) on a weekly basis.
5-18 (c) All fees received under Subsection (a)(2) may be used
5-19 only in administering the inspection required under Section
5-20 148.030.
5-21 (d) All fees received by the Texas Agricultural Extension
5-22 Service under this section shall be deposited in a special account
5-23 in the general revenue fund that may be appropriated only to the
5-24 Texas Agricultural Extension Service for the training programs on
5-25 horse theft under Chapter 151. Funds in that account are not
5-26 subject to Sections 403.093 and 403.094, Government Code.
5-27 Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN
6-1 SLAUGHTERHOUSES. The department, agency, or association authorized
6-2 to inspect livestock under 7 U.S.C. Section 217a may inspect for
6-3 identification purposes each horse held, handled, purchased, or
6-4 sold through a slaughterhouse producing horse meat for export for
6-5 human consumption under the federal inspection program regulated
6-6 under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.
6-7 SECTION 10. Section 31.03(e), Penal Code, is amended to read
6-8 as follows:
6-9 (e) Except as provided by Subsection (f), an offense under
6-10 this section is:
6-11 (1) a Class C misdemeanor if the value of the property
6-12 stolen is less than $20;
6-13 (2) a Class B misdemeanor if:
6-14 (A) the value of the property stolen is $20 or
6-15 more but less than $500; or
6-16 (B) the value of the property stolen is less
6-17 than $20 and the defendant has previously been convicted of any
6-18 grade of theft;
6-19 (3) a Class A misdemeanor if the value of the property
6-20 stolen is $500 or more but less than $1,500;
6-21 (4) a state jail felony if:
6-22 (A) the value of the property stolen is $1,500
6-23 or more but less than $20,000, or the property is one or more head
6-24 of cattle, <horses,> sheep, swine, or goats or any part thereof
6-25 under the value of $20,000;
6-26 (B) regardless of value, the property is stolen
6-27 from the person of another or from a human corpse or grave;
7-1 (C) the property stolen is a firearm, as defined
7-2 by Section 46.01; or
7-3 (D) the value of the property stolen is less
7-4 than $1,500 and the defendant has been previously convicted two or
7-5 more times of any grade of theft;
7-6 (5) a felony of the third degree if the value of the
7-7 property stolen is $20,000 or more but less than $100,000;
7-8 (6) a felony of the second degree if:
7-9 (A) the value of the property stolen is $100,000
7-10 or more but less than $200,000; or
7-11 (B) the property is one or more head of horses
7-12 or any part thereof regardless of value; or
7-13 (7) a felony of the first degree if the value of the
7-14 property stolen is $200,000 or more.
7-15 SECTION 11. This Act takes effect September 1, 1995.
7-16 SECTION 12. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.