85R26280 BEF-F
By: King of Uvalde, et al. H.B. No. 3707
Substitute the following for H.B. No. 3707:
By: King of Uvalde C.S.H.B. No. 3707
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canceled, suspended, repealed, or otherwise scheduled for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.
(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. 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.