By: González of El Paso, King of Uvalde, Stucky H.B. No. 2817
(Senate Sponsor - Perry)
(In the Senate - Received from the House May 3, 2017;
May 10, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 19, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 5, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2817 By: Perry
A BILL TO BE ENTITLED
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canceled, suspended, repealed, or otherwise scheduled for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.
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