| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 85R26280 BEF-F | |
| 2 | - | By: King of Uvalde, et al. H.B. No. 3707 | |
| 3 | - | Substitute the following for H.B. No. 3707: | |
| 4 | - | By: King of Uvalde C.S.H.B. No. 3707 | |
| 1 | + | By: King of Uvalde H.B. No. 3707 | |
| 5 | 2 | ||
| 6 | 3 | ||
| 7 | 4 | A BILL TO BE ENTITLED | |
| 8 | 5 | AN ACT | |
| 9 | 6 | relating to an inspection program to deter cattle theft; | |
| 10 | 7 | authorizing an administrative penalty; authorizing an assessment. | |
| 11 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 9 | SECTION 1. Subtitle B, Title 6, Agriculture Code, is | |
| 13 | 10 | amended by adding Chapter 153 to read as follows: | |
| 14 | 11 | CHAPTER 153. PREVENTION AND INVESTIGATION OF CATTLE THEFT | |
| 15 | 12 | Sec. 153.001. DEFINITIONS. In this chapter: | |
| 16 | 13 | (1) "Association" means the Texas and Southwestern | |
| 17 | 14 | Cattle Raisers Association. | |
| 18 | 15 | (2) "Program" means the inspection program | |
| 19 | 16 | established by department rule under Section 153.002. | |
| 20 | 17 | Sec. 153.002. ESTABLISHMENT OF PROGRAM. (a) The | |
| 21 | 18 | department by rule shall establish a cattle inspection program to | |
| 22 | 19 | discourage and investigate property crimes involving cattle in this | |
| 23 | 20 | state: | |
| 24 | 21 | (1) on request by the association; and | |
| 25 | 22 | (2) if a similar program authorized by federal law is | |
| 26 | 23 | canceled, suspended, repealed, or otherwise scheduled for | |
| 27 | 24 | discontinuation. | |
| 28 | 25 | (b) The program must utilize existing cattle industry | |
| 29 | 26 | infrastructure to the extent possible. | |
| 30 | - | (c) The department shall establish an advisory committee to | |
| 31 | - | advise the department on program rules. At least once every two | |
| 32 | - | years, the advisory committee shall review the program rules and | |
| 33 | - | submit findings and recommendations to the department. | |
| 34 | - | Sec. 153.003. INSPECTIONS. Program rules must authorize | |
| 27 | + | Sec. 153.003. INSPECTIONS. Program rules shall authorize | |
| 35 | 28 | the special rangers appointed under Article 2.125, Code of Criminal | |
| 36 | 29 | Procedure, and other association employees designated by the | |
| 37 | 30 | special rangers, to inspect and record brands and other identifying | |
| 38 | - | characteristics of cattle at livestock auction markets. | |
| 39 | - | Sec. 153.004. ASSESSMENT. (a) Program rules must | |
| 31 | + | characteristics of cattle at livestock auction markets, livestock | |
| 32 | + | video and online auctions, and slaughter plants. | |
| 33 | + | Sec. 153.004. ASSESSMENT. (a) Program rules shall | |
| 40 | 34 | establish a per-head regulatory assessment in an amount necessary | |
| 41 | - | to reimburse the association for direct costs incurred under this | |
| 42 | - | chapter. | |
| 35 | + | to reimburse the association for costs incurred under this chapter. | |
| 43 | 36 | (b) In determining the amount of the assessment, the | |
| 44 | 37 | department shall consider: | |
| 45 | 38 | (1) the amount of similar assessments or charges | |
| 46 | 39 | authorized by the laws of other states or the United States; | |
| 47 | - | (2) the | |
| 48 | - | (3) the expertise required to | |
| 40 | + | (2) the costs of administering the program; and | |
| 41 | + | (3) the expertise required to administer the program. | |
| 49 | 42 | (c) On request by the association, the department shall | |
| 50 | 43 | review the amount of the assessment and consider any necessary | |
| 51 | 44 | revision. | |
| 52 | - | (d) Each livestock auction market shall collect the | |
| 53 | - | assessment and remit the amount collected to the association. | |
| 45 | + | (d) Each livestock auction market, livestock video or | |
| 46 | + | online auction, and slaughter plant where inspections are conducted | |
| 47 | + | under the program shall collect the assessment and remit the amount | |
| 48 | + | collected to the association. | |
| 54 | 49 | (e) Assessments collected under this section are not state | |
| 55 | 50 | funds and are not required to be deposited in the state treasury. | |
| 56 | 51 | (f) A person who has possession, custody, or control of an | |
| 57 | 52 | assessment collected under this section and not remitted to the | |
| 58 | 53 | association before the 31st day after the date collected is subject | |
| 59 | 54 | to an administrative penalty in an amount provided by department | |
| 60 | 55 | rule. | |
| 61 | - | Sec. 153.005. STATE OVERSIGHT. (a) The department must | |
| 62 | - | approve the association's budget for the program each year. | |
| 63 | - | (b) The department shall review and act on the association's | |
| 64 | - | budget for the program each year not later than the 45th day after | |
| 65 | - | the date the association submits the budget to the department. | |
| 66 | - | (c) The department or the state auditor may inspect the | |
| 56 | + | Sec. 153.005. STATE OVERSIGHT. (a) The department shall | |
| 57 | + | review and approve the association's budget for the program each | |
| 58 | + | year within 30 days of submittal by the association. | |
| 59 | + | (b) The department or the state auditor may inspect the | |
| 67 | 60 | association's financial records related to the program at any time. | |
| 68 | 61 | SECTION 2. This Act takes effect immediately if it receives | |
| 69 | 62 | a vote of two-thirds of all the members elected to each house, as | |
| 70 | 63 | provided by Section 39, Article III, Texas Constitution. If this | |
| 71 | 64 | Act does not receive the vote necessary for immediate effect, this | |
| 72 | 65 | Act takes effect September 1, 2017. |