By:  Duncan                                                       S.B. No. 1389


A BILL TO BE ENTITLED

AN ACT

relating to the definition, branding, and identification of 
livestock.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1.003, Agriculture Code, is amended by 
adding Subdivision (3) to read as follows:
		(3)  "Livestock" means cattle, horses, mules, asses, 
sheep, goats, and hogs, unless otherwise defined.
	SECTION 2.  Section 46.002, Agriculture Code, is amended to 
read as follows: 
	Sec. 46.002.  DEFINITION.  In this chapter "Texas 
agricultural product" means an agricultural, apicultural, 
horticultural, silvicultural, viticultural, or vegetable product, 
either in its natural or processed state, that has been produced, 
processed, or otherwise had value added to the product in this 
state, including:
		(1)  [equine species;                                        
		[(2)]  feed for use by livestock or poultry;                 
		(2) [(3)]  fish or other aquatic species;             
		(3) [(4)]  livestock, a livestock product, or a 
livestock by-product;
		(4) [(5)]  planting seed;                             
		(5) [(6)]  poultry, a poultry product, or a poultry 
by-product; or
		(6) [(7)]  wildlife processed for food or by-products.
	SECTION 3.  Subsection (a), Section 144.001, Agriculture 
Code, is amended to read as follows:
	(a)  Each person who has cattle, hogs, sheep, or goats shall 
have and may use one or more earmarks; [and] one or more brands; one 
or more tattoos used in place of a brand; or one or more electronic 
devices used in place of a brand differing from the earmarks, [and] 
brands, tattoos, and devices of the person's neighbors.
	SECTION 4.  Section 144.041, Agriculture Code, is amended by 
amending Subsection (a) and adding Subsection (f) to read as 
follows:
	(a)  Each person who owns cattle, hogs, sheep, or goats shall 
record that person's earmarks, [and] brands, tattoos used in place 
of a brand, and electronic devices used in place of a brand with the 
county clerk of the county in which the animals are located.
	(f)  Not later than the 30th day after the date a county clerk 
receives a record pertaining to cattle under this section, the 
clerk shall forward a copy of the record to the association 
authorized to inspect livestock under 7 U.S.C. Section 217a.
	SECTION 5.  Section 144.042, Agriculture Code, is amended to 
read as follows:
	Sec. 144.042.  RECORDING.  In recording a mark, device, 
tattoo, or brand, the county clerk shall note the date on which the 
mark or brand is recorded.  In addition, the person recording a 
mark, device, tattoo, or brand shall designate the part of the 
animal on which the mark, device, tattoo, or brand is to be placed 
and the clerk shall include that in the records.
	SECTION 6.  Section 144.044, Agriculture Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  Not later than the 30th day after the date a county clerk 
receives a record pertaining to cattle under this section, the 
clerk shall forward a copy of the record to the association 
authorized to inspect livestock under 7 U.S.C. Section 217a.
	SECTION 7.  Subsection (a), Section 148.011, Agriculture 
Code, is amended to read as follows:
	(a)  In accordance with this section, a slaughterer shall 
keep a record of all livestock [cattle, horses, hogs, sheep, or 
goats] purchased or slaughtered.  Both the slaughterer and the 
person managing the slaughtering operations are responsible for 
maintaining records under this section.  A person who owns or 
operates a locker plant and leases, rents, or furnishes space to 
others in that plant for profit shall keep records in accordance 
with this section as if that person were a slaughterer.
	SECTION 8.  Subdivision (4), Section 1.101, Parks and 
Wildlife Code, is amended to read as follows:
		(4)  "Wild," when used in reference to an animal, means 
a species, including each individual of a species, that normally 
lives in a state of nature and is not ordinarily domesticated.  This 
definition does not include exotic livestock defined by Section 
161.001(a)(4) [161.001(a)(3) and (4)], Agriculture Code.
	SECTION 9.  The following provisions of the Agriculture Code 
are repealed:   
		(1)  Sections 53.001(3), 142.001(2), 144.123, 144.126, 
146.002, 147.001(2), and 161.001(a)(3); and
		(2)  Subchapters B and D, Chapter 144, and Subchapter 
C, Chapter 146.       
	SECTION 10.  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.  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.
	SECTION 11.  This Act takes effect September 1, 2003.