|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to an inspection program to deter cattle theft; |
|
authorizing an administrative penalty; authorizing an assessment. |
|
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canceled, suspended, repealed, or otherwise scheduled for |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. |
|
Sec. 153.003. INSPECTIONS. Program rules shall 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, livestock |
|
video and online auctions, and slaughter plants. |
|
Sec. 153.004. ASSESSMENT. (a) Program rules shall |
|
establish a per-head regulatory assessment in an amount necessary |
|
to reimburse the association for 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 costs of administering the program; and |
|
(3) the expertise required to administer 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, livestock video or |
|
online auction, and slaughter plant where inspections are conducted |
|
under the program 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 shall |
|
review and approve the association's budget for the program each |
|
year within 30 days of submittal by the association. |
|
(b) The department or the state auditor may inspect the |
|
association's financial records related to the program at any time. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |