DME H.B. 1630 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 1630 By: Berlanga 3-11-97 Committee Report (Unamended) BACKGROUND Section 143.028, Agriculture Code, concerning the sufficiency of fences, was created in 1876 with its last revision in 1911. Current statute, which spells out specific requirements for barbed wire, picket, board and rail fences, limits the usefulness of fences in many instances. The usual and customary purposes and needs for fences have changed, as well as the uses on private property. The vast geographical differences in Texas and various applications for fences have led to many different and widely accepted types of fences not included under current statute's sufficiency requirements. PURPOSE This legislation would remove specific requirements for a sufficient fence. 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. Amends Section 143.028(b), Agriculture Code, to remove specific definitions of a sufficient fence and designate only that it be built and maintained according to generally accepted agricultural practices. SECTION 2. Repeals Section 143.028(c), Agriculture Code, which allowed a county to vote on criteria of a sufficient barbed wire fence. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.