BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 328

81R2088 BEF-D                                                                                                 By: Heflin (Seliger)

                                                                                                                Agriculture & Rural Affairs

                                                                                                                                            4/23/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The office of inspector of hides and animals (office) was established in 1871, and filled by appointment by the governor for a four-year term.  The inspector of hides and animals (inspector) was supposed to aid in the prevention of cattle theft by a thorough inspection of all hides and animals shipped out of the county for sale.  After adoption of the Constitution of 1876, the office became elective, and the term was shortened to two years.  By action of the legislature, many counties were exempt from electing an inspector.  In 1945, about one-third of Texas counties had the office, but few, if any, counties continued the office in to the 1990s. 

 

H.B. 328 eliminates the office "inspector of hides and animals" and deletes references to that office from the Election Code, Agriculture Code, and Local Government Code. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  (a)  Provides that the office of inspector of hides and animals is abolished.

 

(b)  Provides that any records in the custody of an inspector of hides and animals are transferred to the county clerk of the county previously served by the inspector.

 

SECTION 2.  Amends Section 52.092(e), Election Code, to delete existing text requiring that inspector of hides and animals be listed as a county office.  Makes a nonsubstantive change.

 

SECTION 3.  Amends Section 172.024(a), Election Code, to make a conforming change.

 

SECTION 4.  Amends Section 87.012, Local Government Code, as follows:

 

Sec.  87.012.  OFFICERS SUBJECT TO REMOVAL.  Makes conforming and nonsubstantive changes.

 

SECTION 5.  Amends Section 87.041(a), Local Government Code, to make conforming and nonsubstantive changes.

 

SECTION 6.  Repealers:  Sections 148.044 (Inspections), 148.067 (Failure to Have Hide and Ears Inspected), and 148.068 (Inspector's or Magistrate's Failure to Keep or File Records), Agriculture Code.

 

SECTION 7.  Effective date:  upon passage or September 1, 2009.