1-1 By: Berlanga (Senate Sponsor - Armbrister) H.B. No. 1630
1-2 (In the Senate - Received from the House April 4, 1997;
1-3 April 8, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 1, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; May 1, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Haywood
1-7 Amend H.B. 1630 in Section 1 of the bill, in proposed Section
1-8 143.028 of the Agriculture Code by adding the following:
1-9 (a) A person is not required to fence against animals that
1-10 are not permitted to run at large. In any county in this State, a
1-11 person may fence against animals that are permitted to run at
1-12 large. Except as otherwise provided by this section, a fence is
1-13 sufficient [
for purposes of this chapter] if it is sufficient to keep
1-14 out ordinary livestock permitted to run at large.
1-15 On page 1, line 29 of Paragraph B, insert "in or" between the
1-16 words "animals" and "out of".
1-18 (c) For any agriculture activity, in any county in this
1-19 State, a person may construct or maintain a fence on their property
1-20 of any height and degree of impregnability.
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the requirements for certain agricultural fences.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 143.028(b), Agriculture Code, is amended
1-26 to read as follows:
1-27 (b) In order to be sufficient, a fence must be built and
1-28 maintained according to generally accepted agricultural practices
1-29 for the purpose of keeping animals out of a tract of land [ at
1-30 least four feet high and comply with the following requirements:]
1-31 [ (1) a barbed wire fence must consist of three wires
1-32 on posts no more than 30 feet apart, with one or more stays between
1-33 every two posts;]
1-34 [ (2) a picket fence must consist of pickets that are
1-35 not more than six inches apart;]
1-36 [ (3) a board fence must consist of three boards not
1-37 less than five inches wide and one inch thick; and]
1-38 [ (4) a rail fence must consist of four rails].
1-39 SECTION 2. Section 143.028(c), Agriculture Code, is
1-41 SECTION 3. This Act takes effect September 1, 1997.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *