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.