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".

1-17           Insert:

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.


1-25           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

1-40     repealed.

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                                  * * * * *