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78R4039 BDH-D

By:  Brown of Kaufman                                             H.B. No. 1324



A BILL TO BE ENTITLED

AN ACT

relating to the sale and slaughter of equine animals; providing a 
criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 149.002 and 149.003, Agriculture Code, 
are amended to read as follows:
	Sec. 149.002.  SALE OR POSSESSION OF HORSEMEAT.  A person 
commits an offense if:
		(1)  the person sells, offers for sale, or exhibits for 
sale horsemeat as food for human consumption in the United States;  
or
		(2)  the person possesses horsemeat with the intent to 
sell the horsemeat as food for human consumption in the United 
States.
	Sec. 149.003.  TRANSFER OF HORSEMEAT.  A person commits an 
offense if the person:
		(1)  transfers horsemeat to a person who intends to 
sell the horsemeat, offer or exhibit it for sale, or possess it for 
sale as food for human consumption in the United States;  and
		(2)  knows or in the exercise of reasonable discretion 
should know that the person receiving the horsemeat intends to sell 
the horsemeat, offer or exhibit it for sale, or possess it for sale 
as food for human consumption in the United States.
	SECTION 2.  Subchapter A, Chapter 146, Agriculture Code, is 
amended by adding Section 146.009 to read as follows:
	Sec. 146.009.  SALE OF EQUINE ANIMAL; NOTICE REQUIRED.  (a)  
In this section:
		(1)  "Equine animal" has the meaning assigned by 
Section 161.149.    
		(2)  "Livestock market" has the meaning assigned by 
Section 161.111. 
	(b)  The owner or operator of a livestock market shall 
require that any person who sells an equine animal directly or on 
consignment at the market sign an acknowledgment form stating that 
an equine animal sold at the market may be bought for slaughter.  
The owner or operator may incorporate the acknowledgement form into 
any other forms a person is required to sign before selling an 
equine animal at the market.
	(c)  An owner or operator of a livestock market commits an 
offense if the owner or operator violates this section.
	(d)  An offense under Subsection (c) is a Class C 
misdemeanor.        
	SECTION 3.  Section 149.004, Agriculture Code, is repealed.                    
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.