SRC-SLL H.B. 1630 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1630
By: Berlanga (Armbrister)
Natural Resources
4-30-97
Committee Report (Amended)


DIGEST 

The current statute regarding the sufficiency of fences was created in
1876 with its last revision in 1911.  The 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.  This bill provides new requirements for certain
agricultural fences. 

PURPOSE

As proposed, H.B. 1630 provides new requirements for certain agricultural
fences. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 143.028(a)-(c), Agriculture Code, to require a
fence, in order to be sufficient, to be built and maintained according to
generally accepted agricultural practices for the purpose of keeping
animals in or out of a tract of land.  Deletes existing text setting forth
requirements for a fence to be sufficient.  Authorizes a person, for any
agriculture activity in any county of this state, to construct or maintain
a fence on the person's property of any height and degree of
impregnability. 

SECTION 2. Repealer: Section 143.028(c), Agriculture Code (election
regarding sufficiency of a certain type of fence). 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

Amendment 1.

(1) Amend Section 143.028, Agriculture Code, by adding the following:

(a)  A person is not required to fence against animals that are not
permitted to run at large. In any county in this State, a person may fence
against animals that are permitted to run at large.  Except as otherwise
provided by this section, a fence is sufficient [strike "for purposes of
this chapter"] if it is sufficient to keep out ordinary livestock
permitted to run at large. 

(2) On page 1, line 8, insert "in or" between the words "animals" and "out
of." 

(3)  Insert after Subsection (b), the following:
 
(c) For any agriculture activity, in any county in this state, a person
may construct or maintain a fence on their property of any height and
degree of impregnability.