H.B. No. 2817
 
 
 
 
AN ACT
  relating to the prosecution of, punishment for, and deterrence of
  certain offenses involving cattle, bison, or horses; authorizing an
  administrative penalty; authorizing an assessment; increasing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 6, Agriculture Code, is
  amended by adding Chapter 153 to read as follows:
  CHAPTER 153. PREVENTION AND INVESTIGATION OF CATTLE THEFT
         Sec. 153.001.  DEFINITIONS. In this chapter:
               (1)  "Association" means the Texas and Southwestern
  Cattle Raisers Association.
               (2)  "Program" means the inspection program
  established by department rule under Section 153.002.
         Sec. 153.002.  ESTABLISHMENT OF PROGRAM. (a) The
  department by rule shall establish a cattle inspection program to
  discourage and investigate property crimes involving cattle in this
  state:
               (1)  on request by the association; and
               (2)  if a similar program authorized by federal law is
  canceled, suspended, repealed, or otherwise scheduled for
  discontinuation.
         (b)  The program must utilize existing cattle industry
  infrastructure to the extent possible.
         (c)  The department shall establish an advisory committee to
  advise the department on program rules.  At least once every two
  years, the advisory committee shall review the program rules and
  submit findings and recommendations to the department.
         Sec. 153.003.  INSPECTIONS. Program rules must authorize
  the special rangers appointed under Article 2.125, Code of Criminal
  Procedure, and other association employees designated by the
  special rangers, to inspect and record brands and other identifying
  characteristics of cattle at livestock auction markets.
         Sec. 153.004.  ASSESSMENT. (a) Program rules must
  establish a per-head regulatory assessment in an amount necessary
  to reimburse the association for direct costs incurred under this
  chapter.
         (b)  In determining the amount of the assessment, the
  department shall consider:
               (1)  the amount of similar assessments or charges
  authorized by the laws of other states or the United States;
               (2)  the direct operating costs of the program; and
               (3)  the expertise required to operate the program.
         (c)  On request by the association, the department shall
  review the amount of the assessment and consider any necessary
  revision.
         (d)  Each livestock auction market shall collect the
  assessment and remit the amount collected to the association.
         (e)  Assessments collected under this section are not state
  funds and are not required to be deposited in the state treasury.
         (f)  A person who has possession, custody, or control of an
  assessment collected under this section and not remitted to the
  association before the 31st day after the date collected is subject
  to an administrative penalty in an amount provided by department
  rule.
         Sec. 153.005.  STATE OVERSIGHT. (a) The department must
  approve the association's budget for the program each year.
         (b)  The department shall review and act on the association's
  budget for the program each year not later than the 45th day after
  the date the association submits the budget to the department.
         (c)  The department or the state auditor may inspect the
  association's financial records related to the program at any time.
         SECTION 2.  Section 28.03, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (k) to read as
  follows:
         (b)  Except as provided by Subsections (f) and (h), an
  offense under this section is:
               (1)  a Class C misdemeanor if:
                     (A)  the amount of pecuniary loss is less than
  $100; or
                     (B)  except as provided in Subdivision (3)(A) or
  (3)(B), it causes substantial inconvenience to others;
               (2)  a Class B misdemeanor if the amount of pecuniary
  loss is $100 or more but less than $750;
               (3)  a Class A misdemeanor if:
                     (A)  the amount of pecuniary loss is $750 or more
  but less than $2,500; or
                     (B)  the actor causes in whole or in part
  impairment or interruption of any public water supply, or causes to
  be diverted in whole, in part, or in any manner, including
  installation or removal of any device for any such purpose, any
  public water supply, regardless of the amount of the pecuniary
  loss;
               (4)  a state jail felony if the amount of pecuniary loss
  is:
                     (A)  $2,500 or more but less than $30,000;
                     (B)  less than $2,500, if the property damaged or
  destroyed is a habitation and if the damage or destruction is caused
  by a firearm or explosive weapon;
                     (C)  less than $2,500, if the property was a fence
  used for the production or containment of:
                           (i)  cattle, bison, horses, sheep, swine,
  goats, exotic livestock, or exotic poultry; or
                           (ii)  game animals as that term is defined by
  Section 63.001, Parks and Wildlife Code; or
                     (D)  less than $30,000 and the actor causes wholly
  or partly impairment or interruption of public communications,
  public transportation, public gas or power supply, or other public
  service, or causes to be diverted wholly, partly, or in any manner,
  including installation or removal of any device for any such
  purpose, any public communications or public gas or power supply;
               (5)  a felony of the third degree if:
                     (A)  the amount of the pecuniary loss is $30,000
  or more but less than $150,000; or
                     (B)  the actor, by discharging a firearm or other
  weapon or by any other means, causes the death of one or more head of
  cattle or bison or one or more horses;
               (6)  a felony of the second degree if the amount of
  pecuniary loss is $150,000 or more but less than $300,000; or
               (7)  a felony of the first degree if the amount of
  pecuniary loss is $300,000 or more.
         (k)  Subsection (a)(1) or (2) does not apply if the tangible
  personal property of the owner was a head of cattle or bison killed,
  or a horse killed, in the course of the actor's:
               (1)  actual discharge of official duties as a member of
  the United States armed forces or the state military forces as
  defined by Section 437.001, Government Code; or
               (2)  regular agricultural labor duties and practices.
         SECTION 3.  Section 28.03, Penal Code, as amended by this
  Act, applies only to an offense committed on or after the effective
  date of this Act. An offense committed before the effective date of
  this Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2817 was passed by the House on May 3,
  2017, by the following vote:  Yeas 120, Nays 26, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2817 on May 26, 2017, by the following vote:  Yeas 129, Nays 16,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2817 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor