By Finnell, Howard, et al. H.B. No. 2396
75R11867 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prevention of horse theft.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-5 by adding Chapter 151 to read as follows:
1-6 CHAPTER 151. PREVENTION AND INVESTIGATION OF HORSE THEFT
1-7 Sec. 151.001. TRAINING PROGRAM FOR HORSE OWNERS. (a) The
1-8 Texas Agricultural Extension Service shall develop an ongoing
1-9 training program for horse owners to promote the prevention of
1-10 horse theft. The program must include information on visible,
1-11 permanent identification of horses and other security measures to
1-12 prevent horse theft.
1-13 (b) A county office of the Texas Agricultural Extension
1-14 Service periodically shall notify horse owners of the training
1-15 program through public service announcements or other means.
1-16 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-17 (a) A state, county, or local law enforcement agency with
1-18 responsibility for investigating horse thefts shall provide
1-19 training for its employees likely to handle horse theft cases
1-20 regarding:
1-21 (1) state laws on horse theft;
1-22 (2) resources available for investigating horse
1-23 thefts;
1-24 (3) communication about horse theft with other law
2-1 enforcement agencies; and
2-2 (4) identification of missing horses.
2-3 (b) To facilitate greater communication between law
2-4 enforcement agencies in horse theft cases, state, county, and local
2-5 law enforcement agencies shall, to the greatest extent possible,
2-6 use the Texas Crime Information Center (TCIC) and the National
2-7 Crime Information Center (NCIC) in reporting and investigating
2-8 horse thefts.
2-9 SECTION 2. Section 144.001, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 144.001. Owner's Marks and Brands. (a) Each person
2-12 who has cattle, hogs, sheep, or goats shall have and may use one or
2-13 more earmarks and one or more brands differing from the earmarks
2-14 and brands of the person's neighbors.
2-15 (b) A person who owns a horse may have and use one or more
2-16 of the following to identify the horse:
2-17 (1) a brand differing from the brand of the person's
2-18 neighbors, including a fire or electric heat brand, freeze brand,
2-19 acid brand, or hoof brand;
2-20 (2) an earmark differing from the earmark of the
2-21 person's neighbors;
2-22 (3) a tattoo differing from the tattoo of the person's
2-23 neighbors;
2-24 (4) an electronic device; or
2-25 (5) another generally accepted identification method.
2-26 SECTION 3. Section 144.002, Agriculture Code, is amended to
2-27 read as follows:
3-1 Sec. 144.002. Brands of Minors. A minor who owns cattle,
3-2 [or] hogs, or one or more horses may have one or more marks or
3-3 brands, but the parent or guardian of the minor is responsible for
3-4 the proper use of the mark or brand.
3-5 SECTION 4. Section 144.041, Agriculture Code, is amended to
3-6 read as follows:
3-7 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
3-8 person who owns cattle, hogs, sheep, or goats shall record that
3-9 person's earmarks and brands with the county clerk of the county in
3-10 which the animals are located.
3-11 (b) A person who owns a horse shall record an identification
3-12 mark authorized by Section 144.001(b) with the county clerk of the
3-13 county in which the animal is located.
3-14 (c) [(b)] The county clerk shall keep a record of the marks
3-15 and brands of each person who applies to the clerk for that
3-16 purpose.
3-17 (d) [(c)] A person may record that person's marks and brands
3-18 in as many counties as necessary.
3-19 (e) [(d)] A person may record any mark or brand that the
3-20 person desires to use if no other person has recorded the mark or
3-21 brand, without regard to whether that person has previously
3-22 recorded a mark or brand.
3-23 SECTION 5. Section 144.102, Agriculture Code, is amended to
3-24 read as follows:
3-25 Sec. 144.102. Right to Register. In accordance with this
3-26 subchapter, a person who owns one or more horses, hogs, dogs,
3-27 sheep, or goats in this state is entitled to register for exclusive
4-1 use any tattoo mark or other generally accepted identification
4-2 method that is not previously recorded.
4-3 SECTION 6. Section 146.052(b), Agriculture Code, is amended
4-4 to read as follows:
4-5 (b) This subchapter does not apply to horses, sheep, goats,
4-6 or swine or to the hides of those animals.
4-7 SECTION 7. Section 148.011(c), Agriculture Code, is amended
4-8 to read as follows:
4-9 (c) The record must be prepared and made available to the
4-10 Texas Animal Health Commission and for public inspection within 24
4-11 hours after the slaughterer receives the livestock. The
4-12 slaughterer shall preserve the record for at least two years [one
4-13 year] and shall keep the record open for public inspection at all
4-14 reasonable hours.
4-15 SECTION 8. Sections 148.012(c) and (d), Agriculture Code,
4-16 are amended to read as follows:
4-17 (c) In addition to the report made under Subsection (a) [of
4-18 this section], a slaughterer of cattle or horses shall file with
4-19 the county clerk a record showing:
4-20 (1) the marks, brands, and general description of the
4-21 cattle or horses;
4-22 (2) the names of the persons from whom the cattle or
4-23 horses were purchased;
4-24 (3) the date of purchase; and
4-25 (4) the county from which the cattle or horses were
4-26 driven.
4-27 (d) The slaughterer shall file the record required by
5-1 Subsection (c) [of this section] on the first day of each month
5-2 with the county clerk of the county where the cattle or horses were
5-3 slaughtered. The clerk shall copy the report into records
5-4 maintained for that purpose and return the original to the person
5-5 recording the information.
5-6 SECTION 9. Subchapter C, Chapter 148, Agriculture Code, is
5-7 amended by adding Sections 148.029 and 148.030 to read as follows:
5-8 Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A
5-9 slaughterer shall pay the following fees for each horse purchased
5-10 for slaughter:
5-11 (1) $2 to the Texas Agricultural Extension Service;
5-12 and
5-13 (2) $3 to the department, agency, or association
5-14 authorized and designated by the secretary of agriculture of the
5-15 United States to inspect livestock in Texas under 7 U.S.C. Section
5-16 217a.
5-17 (b) The slaughterer shall remit the fees required by
5-18 Subsection (a) on a weekly basis.
5-19 Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN
5-20 SLAUGHTERHOUSES. The department, agency, or association authorized
5-21 to inspect livestock under 7 U.S.C. Section 217a shall inspect for
5-22 identification purposes each horse held, handled, purchased, or
5-23 sold through a slaughterhouse.
5-24 SECTION 10. This Act takes effect September 1, 1997.
5-25 SECTION 11. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.