By Patterson                                     S.B. No. 279

      75R1671 SKB-D                           

                                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)  The county clerk shall keep a record of the marks and

3-15     brands of each person who applies to the clerk for that purpose.

3-16           (d) [(c)]  A person may record that person's marks and brands

3-17     in as many counties as necessary.

3-18           (e) [(d)]  A person may record any mark or brand that the

3-19     person desires to use if no other person has recorded the mark or

3-20     brand, without regard to whether that person has previously

3-21     recorded a mark or brand.

3-22           SECTION 5.  Section 144.102, Agriculture Code, is amended to

3-23     read as follows:

3-24           Sec. 144.102.  Right to Register.  In accordance with this

3-25     subchapter, a person who owns one or more horses, hogs, dogs,

3-26     sheep, or goats in this state is entitled to register for exclusive

3-27     use any tattoo mark  or other generally accepted identification

 4-1     method that is not previously recorded.

 4-2           SECTION 6.  Section 146.052(b), Agriculture Code, is amended

 4-3     to read as follows:

 4-4           (b)  This subchapter does not apply to horses, sheep, goats,

 4-5     or swine or to the hides of those animals.

 4-6           SECTION 7.  Section 148.011(c), Agriculture Code, is amended

 4-7     to read as follows:

 4-8           (c)  The record must be prepared and made available to the

 4-9     Texas Animal Health Commission and for public inspection within 24

4-10     hours after the slaughterer receives the livestock.  The

4-11     slaughterer shall preserve the record for at least two years [one

4-12     year] and shall keep the record open for public inspection at all

4-13     reasonable hours.

4-14           SECTION 8.  Sections 148.012(c) and (d), Agriculture Code,

4-15     are amended to read as follows:

4-16           (c)  In addition to the report made under Subsection (a) of

4-17     this section, a slaughterer of cattle or horses shall file with the

4-18     county clerk a record showing:

4-19                 (1)  the marks, brands, and general description of the

4-20     cattle or horses;

4-21                 (2)  the names of the persons from whom the cattle or

4-22     horses were purchased;

4-23                 (3)  the date of purchase; and

4-24                 (4)  the county from which the cattle or horses were

4-25     driven.

4-26           (d)  The slaughterer shall file the record required by

4-27     Subsection (c) of this section on the first day of each month with

 5-1     the county clerk of the county where the cattle or horses were

 5-2     slaughtered.  The clerk shall copy the report into records

 5-3     maintained for that purpose and return the original to the person

 5-4     recording the information.

 5-5           SECTION 9.  Subchapter C, Chapter 148, Agriculture Code, is

 5-6     amended by adding Sections 148.029 and 148.030 to read as follows:

 5-7           Sec. 148.029.  FEE FOR HORSES SOLD TO SLAUGHTERER.  (a)  A

 5-8     slaughterer shall pay the following fees for each horse purchased

 5-9     for slaughter:

5-10                 (1)  $1 to the Texas Agricultural Extension Service;

5-11     and

5-12                 (2)  $4 to the department, agency, or association

5-13     authorized and designated by the secretary of agriculture of the

5-14     United States to inspect livestock in Texas under 7 U.S.C. Section

5-15     217a.

5-16           (b)  The slaughterer shall remit the fees required by

5-17     Subsection (a) on a weekly basis.

5-18           (c)  All fees received under Subsection (a)(2) may be used

5-19     only in administering the inspection required under Section

5-20     148.030.

5-21           (d)  All fees received by the Texas Agricultural Extension

5-22     Service under this section shall be deposited in a special account

5-23     in the general revenue fund that may be appropriated only to the

5-24     Texas Agricultural Extension Service for the training programs on

5-25     horse theft under Chapter 151.

5-26           Sec. 148.030.  INSPECTION OF HORSES SOLD THROUGH CERTAIN

5-27     SLAUGHTERHOUSES.  The department, agency, or association authorized

 6-1     to inspect livestock under 7 U.S.C. Section 217a may inspect for

 6-2     identification purposes each horse held, handled, purchased, or

 6-3     sold through a slaughterhouse producing horse meat for export for

 6-4     human consumption under the federal inspection program regulated

 6-5     under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.

 6-6           SECTION 10.  Section 31.03(e), Penal Code, is amended to read

 6-7     as follows:

 6-8           (e)  Except as provided by Subsection (f), an offense under

 6-9     this section is:

6-10                 (1)  a Class C misdemeanor if the value of the property

6-11     stolen is less than:

6-12                       (A)  $50; or

6-13                       (B)  $20 and the defendant obtained the property

6-14     by issuing or passing a check or similar sight order in a manner

6-15     described by Section 31.06;

6-16                 (2)  a Class B misdemeanor if:

6-17                       (A)  the value of the property stolen is:

6-18                             (i)  $50 or more but less than $500; or

6-19                             (ii)  $20 or more but less than $500 and

6-20     the defendant obtained the property by issuing or passing a check

6-21     or similar sight order in a manner described by Section 31.06; or

6-22                       (B)  the value of the property stolen is less

6-23     than:

6-24                             (i)  $50 and the defendant has previously

6-25     been convicted of any grade of theft; or

6-26                             (ii)  $20, the defendant has previously

6-27     been convicted of any grade of theft, and the defendant obtained

 7-1     the property by issuing or passing a check or similar sight order

 7-2     in a manner described by Section 31.06;

 7-3                 (3)  a Class A misdemeanor if the value of the property

 7-4     stolen is $500 or more but less than $1,500;

 7-5                 (4)  a state jail felony if:

 7-6                       (A)  the value of the property stolen is $1,500

 7-7     or more but less than $20,000, or the property is less than 10 head

 7-8     of cattle[, horses,] or exotic livestock or exotic fowl as defined

 7-9     by Section 142.001, Agriculture Code, or any part thereof under the

7-10     value of $20,000, or less than 100 head of sheep, swine, or goats

7-11     or any part thereof under the value of $20,000;

7-12                       (B)  regardless of value, the property is stolen

7-13     from the person of another or from a human corpse or grave;

7-14                       (C)  the property stolen is a firearm, as defined

7-15     by Section 46.01; or

7-16                       (D)  the value of the property stolen is less

7-17     than $1,500 and the defendant has been previously convicted two or

7-18     more times of any grade of theft;

7-19                 (5)  a felony of the third degree if the value of the

7-20     property stolen is $20,000 or more but less than $100,000, or the

7-21     property is:

7-22                       (A)  10 or more head of cattle[, horses,] or

7-23     exotic livestock or exotic fowl as defined by Section 142.001,

7-24     Agriculture Code, stolen during a single transaction and having an

7-25     aggregate value of less than $100,000; or

7-26                       (B)  100 or more head of sheep, swine, or goats

7-27     stolen during a single transaction and having an aggregate value of

 8-1     less than $100,000;

 8-2                 (6)  a felony of the second degree if:

 8-3                       (A)  the value of the property stolen is $100,000

 8-4     or more but less than $200,000; or

 8-5                       (B)  the property is one or more head of horses

 8-6     having a value of less than $200,000; or

 8-7                 (7)  a felony of the first degree if the value of the

 8-8     property stolen is $200,000 or more.

 8-9           SECTION 11.  (a)  The change in law made by this Act applies

8-10     only to an offense committed on or after the effective date of this

8-11     Act.  For purposes of this section, an offense is committed before

8-12     the effective date of this Act if any element of the offense occurs

8-13     before the effective date.

8-14           (b)  An offense committed before the effective date of this

8-15     Act is covered by the law in effect when the offense was committed,

8-16     and the former law is continued in effect for that purpose.

8-17           SECTION 12.  This Act takes effect September 1, 1997.

8-18           SECTION 13.  The importance of this legislation and the

8-19     crowded condition of the calendars in both houses create an

8-20     emergency and an imperative public necessity that the

8-21     constitutional rule requiring bills to be read on three several

8-22     days in each house be suspended, and this rule is hereby suspended.