DME C.S.H.B. 2396 75(R)BILL ANALYSIS


AGRICULTURE & LIVESTOCK
C.S.H.B. 2396
By: Finnell/Howard
4-15-97
Committee Report (Substituted)



BACKGROUND 

Horse theft is a reoccurring problem in Texas that is compounded by
inadequate identification of horses and lack of time and training for law
enforcement to deal with the thefts. During 1991 and the first half of
1992, 665 horses (out of the approximately 1,000,000 horses in Texas per
the Texas Agricultural Extension Service) were reported stolen to county
sheriffs. Twenty-eight percent were recovered (Committee on Agriculture
and Livestock Interim Study survey of 250 county sheriffs). Sixty-one
percent of those horses were stolen from 24 of the 254 Texas counties,
concentrated in five areas: Dallas/Fort Worth, Houston, Austin/San
Antonio, Brownsville and Waco. Horses stolen and not reported or reported
only to city police are not included. Most experts and horse owners agree
that the number of horse thefts is highly correlated with the slaughter
price of horses. There are two equine packing plants in Texas that ship
their product mainly to Europe. In Texas, it is a state jail felony to
steal a horse worth less than $20,000, punishable by 180 days to two years
in prison and a fine not to exceed $10,000. If the horse is worth $20,000
or more, the crime is a third degree felony, punishable by imprisonment in
the institutional division two to ten years and a fine not to exceed
$10,000 (V.T.C.A., Sections 12.34, 12.35 and 31.03, Penal Code). The
majority of stolen horses is pleasure horses or pets kept in the backyard,
stables or detached property and is often one to which a family or person
has a strong emotional attachment. Few are expensive racing or breeding
animals.  

PURPOSE

This legislation creates a crime prevention training program for horse
owners and a training program for law enforcement agencies. It requires
horse owners to register an identification mark with the county clerk, and
allows a horse owner to register an identification mark with the
Department of Public Safety.  The bill requires a slaughterer who
purchases horses to slaughter for human consumption to remit $2 per head
to the Texas Agricultural Extension Service to pay for training programs
and $3 per head to the entity designated to inspect horses at slaughter
plants. 

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. Adds Chapter 151, Agriculture Code, which prescribes the Texas
Agricultural Extension Service to develop a horse theft prevention
training program and notify owners of the program. Establishes that state,
county, or local law enforcement agencies that handle horse theft shall
train employees likely to investigate the cases in state law on horse
theft and  procedures. Law enforcement agencies shall report thefts on
state and national computer reporting systems. 

SECTION 2. Amends Section 144.001, Agriculture Code, to authorize a horse
owner to have and use  a distinctive brand, earmark, tattoo, electronic
device, or another generally accepted identification method. 

 SECTION 3. Amends Section 144.002, Agriculture Code, to allow a minor who
owns one more horses to have and use distinctive marks and brands under
parental or guardian supervision. 

SECTION 4. Amends Section 144.041, Agriculture Code, to prescribe a horse
owner to record an identification mark listed under Section 144.001 with
the county clerk. 

SECTION 5. Amends Section 144.102, Agriculture Code, to give a horse owner
the right to register an exclusive tattoo, mark or other generally
accepted identification method with the Department of Public Safety. 

SECTION 6. Amends Section 146.052(b), Agriculture Code, by excluding
horses from the animals that a hide and animal inspector may inspect. 

SECTION 7. Amends Section 148.011, Agriculture Code, to prescribe a
slaughterer to keep records of animals purchased or slaughtered for two
years instead of one. 

SECTION 8. Amends Section 148.012, Agriculture Code, to require
slaughterers to keep a description of horses and record of who the horses
were purchased from and the county they were driven from. This record must
be filed with the county clerk. 

SECTION 9. Amends Sections 148.029 and 148.030, Subchapter C, Chapter 148,
Agriculture Code. 

Section 148.029 requires a slaughterer to pay on a weekly basis $2 per
horse purchased for slaughter  to the Texas Agricultural Extension Service
and $3 per horse to the department, agency, or association designated by
the United States Department of Agriculture for the purpose of inspecting
livestock in Texas under 7 U.S.C., Section 217(a).  

Section 148.030 requires the designee to inspect each horse held, handled,
purchased, or sold through a slaughterhouse for identification marks. 

SECTION 10. Effective date: September 1, 1997.

SECTION 11. Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

Under SECTION 9, the substitute changes "may" to "shall" regarding the
designee's inspection of horses at slaughterhouses and deletes language
specifying types of slaughterhouses that may be inspected.