By: Duncan S.B. No. 1389
(In the Senate - Filed March 13, 2003; March 19, 2003, read
first time and referred to Subcommittee on Agriculture;
March 31, 2003, reported adversely, with favorable Committee
Substitute to the Committee on Natural Resources by the following
vote: Yeas 3, Nays 0; April 22, 2003, reported adversely, with
favorable Committee Substitute from the Committee on Natural
Resources by the following vote: Yeas 11, Nays 0; April 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1389 By: Duncan
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.
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