Texas 2025 - 89th Regular

Texas House Bill HB1417 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6334 SCF-F
2	2	By: Guillen H.B. No. 1417
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of an electronic registry of
10	10	livestock marks and brands.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 144.001(a), Agriculture Code, is amended
13	13	to read as follows:
14	14	(a) Each person who has cattle, hogs, sheep, or goats shall
15	15	have and may use one or more earmarks, brands, tattoos, [or]
16	16	electronic devices, or other generally accepted identification
17	17	methods differing from the earmarks, brands, tattoos, [and]
18	18	electronic devices, and other generally accepted identification
19	19	methods of the person's neighbors.
20	20	SECTION 2. Section 144.041, Agriculture Code, is amended by
21	21	amending Subsections (a), (c), (f), and (h) and adding Subsection
22	22	(i) to read as follows:
23	23	(a) Each person who owns cattle, hogs, sheep, or goats shall
24	24	record that person's earmarks, brands, tattoos, [and] electronic
25	25	devices, and other generally accepted identification methods with
26	26	the county clerk of the county in which the animals are located.
27	27	(c) The county clerk shall make and keep an electronic [a]
28	28	record of the marks and brands of each person who applies to the
29	29	clerk for recording of a mark or brand [that purpose].
30	30	(f) Not later than the 30th day after the date a county clerk
31	31	receives a record relating to cattle or horses under this section,
32	32	the clerk shall deliver an electronic copy of the record to the
33	33	Texas Animal Health Commission as described by Section 144.102(d)
34	34	[forward a copy of the record to the association authorized to
35	35	inspect livestock under 7 U.S.C. Section 217a].
36	36	(h) A county clerk shall [may] accept electronic filing or
37	37	rerecording of an earmark, brand, tattoo, electronic device, or
38	38	other type of mark for which a recording is required under this
39	39	chapter or other law.
40	40	(i) A person required to record an earmark, brand, tattoo,
41	41	electronic device, or other type of mark may authorize an agent to
42	42	record the mark under this section. The authorization must be in
43	43	writing.
44	44	SECTION 3. Section 144.042, Agriculture Code, is amended to
45	45	read as follows:
46	46	Sec. 144.042. RECORDING. In recording a mark, electronic
47	47	device, tattoo, [or] brand, or other generally accepted
48	48	identification method, the person recording the mark [county clerk]
49	49	shall note the date on which the mark, electronic device, tattoo,
50	50	[or] brand, or other generally accepted identification method is
51	51	recorded. In addition, the person recording a mark, electronic
52	52	device, tattoo, [or] brand, or other generally accepted
53	53	identification method shall designate the part of the animal on
54	54	which the mark, electronic device, tattoo, [or] brand, or other
55	55	generally accepted identification method is to be placed [and the
56	56	clerk shall include that in the records].
57	57	SECTION 4. Sections 144.044(a) and (d), Agriculture Code,
58	58	are amended to read as follows:
59	59	(a) Not later than six months after September 1 [August 30]
60	60	of 2031 [1981] and [of] every 10th year thereafter, each person who
61	61	owns livestock mentioned in this chapter shall have that person's
62	62	marks and brands recorded or rerecorded with the county clerk,
63	63	regardless of whether or not the marks or brands have been
64	64	previously recorded.
65	65	(d) Not later than the 30th day after the date a county clerk
66	66	receives a record relating to cattle or horses under this section,
67	67	the clerk shall deliver an electronic copy of the record to the
68	68	Texas Animal Health Commission as described by Section 144.102(d)
69	69	[forward a copy of the record to the association authorized to
70	70	inspect livestock under 7 U.S.C. Section 217a].
71	71	SECTION 5. Chapter 144, Agriculture Code, is amended by
72	72	adding Subchapter D to read as follows:
73	73	SUBCHAPTER D. ELECTRONIC REGISTRY OF MARKS AND BRANDS
74	74	Sec. 144.101. DEFINITION. In this subchapter, "commission"
75	75	means the Texas Animal Health Commission.
76	76	Sec. 144.102. ELECTRONIC REGISTRY OF MARKS AND BRANDS. (a)
77	77	The commission shall establish and maintain on its Internet website
78	78	a publicly available and searchable registry of marks and brands
79	79	recorded with a county clerk under Subchapter C.
80	80	(b) The electronic registry of marks and brands may not
81	81	provide to the general public any personal identifying information
82	82	of a person associated with a recorded mark or brand.
83	83	(c) The commission shall establish a process for law
84	84	enforcement to access the registry and obtain for law enforcement
85	85	purposes personal identifying information of a person associated
86	86	with a recorded mark or brand.
87	87	(d) The commission shall adopt rules and procedures to
88	88	implement this section, including a process for:
89	89	(1) a person to record a mark or brand with a county
90	90	clerk through an electronic method, in a form and manner prescribed
91	91	by the commission; and
92	92	(2) a county clerk to deliver to the commission an
93	93	electronic record of a mark or brand that has been recorded with the
94	94	county clerk, including any records of a mark or brand that was
95	95	recorded with the county clerk before the establishment of the
96	96	electronic registry.
97	97	SECTION 6. Section 161.002(a), Agriculture Code, is amended
98	98	to read as follows:
99	99	(a) A person is subject to this chapter as the caretaker of
100	100	an animal and is presumed to control the animal if the person:
101	101	(1) is the owner or lessee of the pen, pasture, or
102	102	other place in which the animal is located and has control of that
103	103	place; [or]
104	104	(2) exercises care or control over the animal; or
105	105	(3) has recorded a mark or brand for the animal under
106	106	Chapter 144.
107	107	SECTION 7. As soon as practicable after the effective date
108	108	of this Act, the Texas Animal Health Commission shall adopt rules
109	109	necessary to implement the changes to Chapter 144, Agriculture
110	110	Code, as amended by this Act.
111	111	SECTION 8. This Act takes effect September 1, 2025.