By:  Duncan                                                       S.B. No. 1389


A BILL TO BE ENTITLED

AN ACT

relating to livestock branding and identification.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 144.001(b), Agriculture Code, is amended 
to read as follows:
	(b)  A person who owns livestock, [a horse] may have and use 
one or more of the following to identify the livestock [horse]:
		(1)  a brand differing from the brand of the person's 
neighbors, including a fire or electric heat brand, freeze brand, 
acid brand, or hoof brand;
		(2)  an earmark differing from the earmark of the 
person's neighbors;       
		(3)  a tattoo differing from the tattoo of the person's 
neighbors;          
		(4)  an electronic device; or                                                 
		(5)  another generally accepted identification method.                        
	SECTION 2.  Chapter 144.041, Agriculture Code, is amended by 
amending Subsection (b) and adding Subsection (f) to read as 
follows:
	(b)  A person who owns livestock, [a horse] shall record an 
identification mark authorized by Section 144.001(b) with the 
county clerk of the county in which the animal is located.
	(f)  Not later than the 30th day after the date a county clerk 
receives a record 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 3.  Section 144.042, Agriculture Code, is amended to 
read as follows:
	Sec. 144.042.  RECORDING.  In recording a mark or other 
brand, the county clerk shall note the date on which the mark or 
brand is recorded.  In addition, the person recording a brand shall 
designate the part of the animal on which the brand is to be placed 
and the clerk shall include that in the records.
	SECTION 4.  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 
received a record 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 146.002, Agriculture Code, is amended to 
read as follows:
	Sec. 146.002.  RECORDING BILL OF SALE AND LIST OF ANIMALS 
BEFORE TRANSPORTING [DRIVING].
	SECTION 6.  Sections 146.002(a) and (d), Agriculture Code, 
are amended to read as follows:
	(a)  A person who purchases animals of a class listed in 
Section 146.001 of this code for the purpose of transporting the 
animals [driving to a market] out of the county where purchased or 
out of this state shall, before transporting [moving] the animals 
out of the county, record with the county clerk:
		(1)  a bill of sale;                                                          
		(2)  a list of the number, marks, brands, and kind of 
animals; and          
		(3)  the address of the purchaser.                                            
	(d)  A person intending to transport livestock [drive stock] 
owned and raised by that person out of the county where raised or 
out of the state shall, before transporting [so driving] the 
animals, record with the county clerk a list of the animals with a 
description of the marks and brands.  The list must be verified by 
affidavit of the person recording the information.  The county 
clerk shall record and certify the list and return it to the person 
presenting the information.
	SECTION 7.  The heading of Section 146.006, Agriculture 
Code, is amended to read as follows:
	Sec. 146.006.  PENALTY FOR TRANSPORTING LIVESTOCK [DRIVING 
STOCK TO MARKET] WITHOUT BILL OF SALE OR SWORN LIST.
	SECTION 8.  Section 146.006(a), Agriculture Code, is amended 
to read as follows:
	(a)  A person comments an offense if the person transports 
[drives to market] animals of a class listed in Section 146.001 of 
this code without possessing:
		(1)  a bill of sale or transfer for each animal that 
shows the marks and brands of the animal and is certified as 
recorded by the county clerk of the county from which the animals 
were transported [driven]; or
		(2)  if the person raised the animals, a list of the 
marks and brands that is certified as recorded by the county clerk 
of the county from which the animals were transported [driven].
	SECTION 9.  The following provisions of the Agriculture Code 
are repealed:   
		(1)  Sections 144.073, 144.123, and 144.126; and                              
		(2)  Subchapter B, Chapter 144; Subchapter 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.  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.