1-1 By: Finnell, Howard, et al. H.B. No. 2396
1-2 (Senate Sponsor - Patterson)
1-3 (In the Senate - Received from the House May 16, 1997;
1-4 May 16, 1997, read first time and referred to Committee on Criminal
1-5 Justice; May 18, 1997, reported favorably by the following vote:
1-6 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the prevention of horse theft.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-12 by adding Chapter 151 to read as follows:
1-13 CHAPTER 151. PREVENTION AND INVESTIGATION OF HORSE THEFT
1-14 Sec. 151.001. TRAINING PROGRAM FOR HORSE OWNERS. (a) The
1-15 Texas Agricultural Extension Service shall develop an ongoing
1-16 training program for horse owners to promote the prevention of
1-17 horse theft. The program must include information on visible,
1-18 permanent identification of horses and other security measures to
1-19 prevent horse theft.
1-20 (b) A county office of the Texas Agricultural Extension
1-21 Service periodically shall notify horse owners of the training
1-22 program through public service announcements or other means.
1-23 Sec. 151.002. TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
1-24 (a) A state, county, or local law enforcement agency with
1-25 responsibility for investigating horse thefts shall provide
1-26 training for its employees likely to handle horse theft cases
1-27 regarding:
1-28 (1) state laws on horse theft;
1-29 (2) resources available for investigating horse
1-30 thefts;
1-31 (3) communication about horse theft with other law
1-32 enforcement agencies; and
1-33 (4) identification of missing horses.
1-34 (b) To facilitate greater communication between law
1-35 enforcement agencies in horse theft cases, state, county, and local
1-36 law enforcement agencies shall, to the greatest extent possible,
1-37 use the Texas Crime Information Center (TCIC) and the National
1-38 Crime Information Center (NCIC) in reporting and investigating
1-39 horse thefts.
1-40 SECTION 2. Section 144.001, Agriculture Code, is amended to
1-41 read as follows:
1-42 Sec. 144.001. Owner's Marks and Brands. (a) Each person
1-43 who has cattle, hogs, sheep, or goats shall have and may use one or
1-44 more earmarks and one or more brands differing from the earmarks
1-45 and brands of the person's neighbors.
1-46 (b) A person who owns a horse may have and use one or more
1-47 of the following to identify the horse:
1-48 (1) a brand differing from the brand of the person's
1-49 neighbors, including a fire or electric heat brand, freeze brand,
1-50 acid brand, or hoof brand;
1-51 (2) an earmark differing from the earmark of the
1-52 person's neighbors;
1-53 (3) a tattoo differing from the tattoo of the person's
1-54 neighbors;
1-55 (4) an electronic device; or
1-56 (5) another generally accepted identification method.
1-57 SECTION 3. Section 144.002, Agriculture Code, is amended to
1-58 read as follows:
1-59 Sec. 144.002. Brands of Minors. A minor who owns cattle,
1-60 [or] hogs, or one or more horses may have one or more marks or
1-61 brands, but the parent or guardian of the minor is responsible for
1-62 the proper use of the mark or brand.
1-63 SECTION 4. Section 144.041, Agriculture Code, is amended to
1-64 read as follows:
2-1 Sec. 144.041. Marks and Brands to be Recorded. (a) Each
2-2 person who owns cattle, hogs, sheep, or goats shall record that
2-3 person's earmarks and brands with the county clerk of the county in
2-4 which the animals are located.
2-5 (b) A person who owns a horse shall record an identification
2-6 mark authorized by Section 144.001(b) with the county clerk of the
2-7 county in which the animal is located.
2-8 (c) [(b)] The county clerk shall keep a record of the marks
2-9 and brands of each person who applies to the clerk for that
2-10 purpose.
2-11 (d) [(c)] A person may record that person's marks and brands
2-12 in as many counties as necessary.
2-13 (e) [(d)] A person may record any mark or brand that the
2-14 person desires to use if no other person has recorded the mark or
2-15 brand, without regard to whether that person has previously
2-16 recorded a mark or brand.
2-17 SECTION 5. Section 144.102, Agriculture Code, is amended to
2-18 read as follows:
2-19 Sec. 144.102. Right to Register. In accordance with this
2-20 subchapter, a person who owns one or more horses, hogs, dogs,
2-21 sheep, or goats in this state is entitled to register for exclusive
2-22 use any tattoo mark or other generally accepted identification
2-23 method that is not previously recorded.
2-24 SECTION 6. Section 146.052(b), Agriculture Code, is amended
2-25 to read as follows:
2-26 (b) This subchapter does not apply to horses, sheep, goats,
2-27 or swine or to the hides of those animals.
2-28 SECTION 7. Section 148.011(c), Agriculture Code, is amended
2-29 to read as follows:
2-30 (c) The record must be prepared and made available to the
2-31 Texas Animal Health Commission and for public inspection within 24
2-32 hours after the slaughterer receives the livestock. The
2-33 slaughterer shall preserve the record for at least two years [one
2-34 year] and shall keep the record open for public inspection at all
2-35 reasonable hours.
2-36 SECTION 8. Sections 148.012(c) and (d), Agriculture Code,
2-37 are amended to read as follows:
2-38 (c) In addition to the report made under Subsection (a) [of
2-39 this section], a slaughterer of cattle or horses shall file with
2-40 the county clerk a record showing:
2-41 (1) the marks, brands, and general description of the
2-42 cattle or horses;
2-43 (2) the names of the persons from whom the cattle or
2-44 horses were purchased;
2-45 (3) the date of purchase; and
2-46 (4) the county from which the cattle or horses were
2-47 driven.
2-48 (d) The slaughterer shall file the record required by
2-49 Subsection (c) [of this section] on the first day of each month
2-50 with the county clerk of the county where the cattle or horses were
2-51 slaughtered. The clerk shall copy the report into records
2-52 maintained for that purpose and return the original to the person
2-53 recording the information.
2-54 SECTION 9. Subchapter C, Chapter 148, Agriculture Code, is
2-55 amended by adding Sections 148.029 and 148.030 to read as follows:
2-56 Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A
2-57 slaughterer shall pay the following fees for each horse purchased
2-58 for slaughter:
2-59 (1) $2 to the Texas Agricultural Extension Service;
2-60 and
2-61 (2) $3 to the department, agency, or association
2-62 authorized and designated by the secretary of agriculture of the
2-63 United States to inspect livestock in Texas under 7 U.S.C. Section
2-64 217a.
2-65 (b) The slaughterer shall remit the fees required by
2-66 Subsection (a) on a weekly basis.
2-67 Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN
2-68 SLAUGHTERHOUSES. The department, agency, or association authorized
2-69 to inspect livestock under 7 U.S.C. Section 217a shall inspect for
3-1 identification purposes each horse held, handled, purchased, or
3-2 sold through a slaughterhouse.
3-3 SECTION 10. This Act takes effect September 1, 1997.
3-4 SECTION 11. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.
3-9 * * * * *