Texas 2025 - 89th Regular

Texas House Bill HB147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R6334 SCF-F
2	2		By: Guillen H.B. No. 147
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the establishment of an electronic registry of
8	10		livestock marks and brands.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 144.001(a), Agriculture Code, is amended
11	13		to read as follows:
12	14		(a) Each person who has cattle, hogs, sheep, or goats shall
13	15		have and may use one or more earmarks, brands, tattoos, [or]
14	16		electronic devices, or other generally accepted identification
15	17		methods differing from the earmarks, brands, tattoos, [and]
16	18		electronic devices, and other generally accepted identification
17	19		methods of the person's neighbors.
18	20		SECTION 2. Section 144.041, Agriculture Code, is amended by
19	21		amending Subsections (a), (c), (f), and (h) and adding Subsection
20	22		(i) to read as follows:
21	23		(a) Each person who owns cattle, hogs, sheep, or goats shall
22	24		record that person's earmarks, brands, tattoos, [and] electronic
23	25		devices, and other generally accepted identification methods with
24	26		the county clerk of the county in which the animals are located.
25	27		(c) The county clerk shall make and keep an electronic [a]
26	28		record of the marks and brands of each person who applies to the
27	29		clerk for recording of a mark or brand [that purpose].
28	30		(f) Not later than the 30th day after the date a county clerk
29	31		receives a record relating to cattle or horses under this section,
30	32		the clerk shall deliver an electronic copy of the record to the
31	33		Texas Animal Health Commission as described by Section 144.102(d)
32	34		[forward a copy of the record to the association authorized to
33	35		inspect livestock under 7 U.S.C. Section 217a].
34	36		(h) A county clerk shall [may] accept electronic filing or
35	37		rerecording of an earmark, brand, tattoo, electronic device, or
36	38		other type of mark for which a recording is required under this
37	39		chapter or other law.
38	40		(i) A person required to record an earmark, brand, tattoo,
39	41		electronic device, or other type of mark may authorize an agent to
40	42		record the mark under this section. The authorization must be in
41	43		writing.
42	44		SECTION 3. Section 144.042, Agriculture Code, is amended to
43	45		read as follows:
44	46		Sec. 144.042. RECORDING. In recording a mark, electronic
45	47		device, tattoo, [or] brand, or other generally accepted
46	48		identification method, the person recording the mark [county clerk]
47	49		shall note the date on which the mark, electronic device, tattoo,
48	50		[or] brand, or other generally accepted identification method is
49	51		recorded. In addition, the person recording a mark, electronic
50	52		device, tattoo, [or] brand, or other generally accepted
51	53		identification method shall designate the part of the animal on
52	54		which the mark, electronic device, tattoo, [or] brand, or other
53	55		generally accepted identification method is to be placed [and the
54	56		clerk shall include that in the records].
55	57		SECTION 4. Sections 144.044(a) and (d), Agriculture Code,
56	58		are amended to read as follows:
57	59		(a) Not later than six months after September 1 [August 30]
58	60		of 2031 [1981] and [of] every 10th year thereafter, each person who
59	61		owns livestock mentioned in this chapter shall have that person's
60	62		marks and brands recorded or rerecorded with the county clerk,
61	63		regardless of whether or not the marks or brands have been
62	64		previously recorded.
63	65		(d) Not later than the 30th day after the date a county clerk
64	66		receives a record relating to cattle or horses under this section,
65	67		the clerk shall deliver an electronic copy of the record to the
66	68		Texas Animal Health Commission as described by Section 144.102(d)
67	69		[forward a copy of the record to the association authorized to
68	70		inspect livestock under 7 U.S.C. Section 217a].
69	71		SECTION 5. Chapter 144, Agriculture Code, is amended by
70	72		adding Subchapter D to read as follows:
71	73		SUBCHAPTER D. ELECTRONIC REGISTRY OF MARKS AND BRANDS
72	74		Sec. 144.101. DEFINITION. In this subchapter, "commission"
73	75		means the Texas Animal Health Commission.
74	76		Sec. 144.102. ELECTRONIC REGISTRY OF MARKS AND BRANDS. (a)
75	77		The commission shall establish and maintain on its Internet website
76	78		a publicly available and searchable registry of marks and brands
77	79		recorded with a county clerk under Subchapter C.
78	80		(b) The electronic registry of marks and brands may not
79	81		provide to the general public any personal identifying information
80	82		of a person associated with a recorded mark or brand.
81	83		(c) The commission shall establish a process for law
82	84		enforcement to access the registry and obtain for law enforcement
83	85		purposes personal identifying information of a person associated
84	86		with a recorded mark or brand.
85	87		(d) The commission shall adopt rules and procedures to
86	88		implement this section, including a process for:
87	89		(1) a person to record a mark or brand with a county
88	90		clerk through an electronic method, in a form and manner prescribed
89	91		by the commission; and
90	92		(2) a county clerk to deliver to the commission an
91	93		electronic record of a mark or brand that has been recorded with the
92	94		county clerk, including any records of a mark or brand that was
93	95		recorded with the county clerk before the establishment of the
94	96		electronic registry.
95	97		SECTION 6. Section 161.002(a), Agriculture Code, is amended
96	98		to read as follows:
97	99		(a) A person is subject to this chapter as the caretaker of
98	100		an animal and is presumed to control the animal if the person:
99	101		(1) is the owner or lessee of the pen, pasture, or
100	102		other place in which the animal is located and has control of that
101	103		place; [or]
102	104		(2) exercises care or control over the animal; or
103	105		(3) has recorded a mark or brand for the animal under
104	106		Chapter 144.
105	107		SECTION 7. As soon as practicable after the effective date
106	108		of this Act, the Texas Animal Health Commission shall adopt rules
107	109		necessary to implement the changes to Chapter 144, Agriculture
108	110		Code, as amended by this Act.
109	111		SECTION 8. This Act takes effect September 1, 2025.