BILL ANALYSIS S.B. 503 By: Perry Agriculture & Livestock Committee Report (Unamended) BACKGROUND AND PURPOSE Livestock owners in Texas are required to record their brands, earmarks, tattoos, and electronic devices with the county clerk of the county in which the animals are located. However, the current recording system relies heavily on paper records, making it difficult to quickly verify ownership, track stolen livestock, and share information across counties. Modernizing this system with an electronic registry of marks and brands would improve efficiency, accessibility, and security. S.B. 503 seeks to provide for such a registry in order to help enhance livestock identification and support law enforcement efforts in combating theft and misidentification. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Animal Health Commission in SECTION 5 of this bill. ANALYSIS S.B. 503 amends the Agriculture Code to require the Texas Animal Health Commission (TAHC) to establish and maintain on its website a publicly available and searchable electronic registry of marks and brands recorded with a county clerk. The bill prohibits the registry from providing to the general public any personal identifying information of a person associated with a recorded mark or brand but requires the TAHC to establish a process for law enforcement to access the registry and obtain for law enforcement purposes such personal identifying information. The bill requires the TAHC to adopt rules and procedures to implement these provisions of the bill relating to the registry, including a process for the following: a person to record a mark or brand with a county clerk through an electronic method, in a form and manner prescribed by the TAHC; and a county clerk to deliver to the TAHC an electronic record of a mark or brand that has been recorded with the county clerk, including any records of a mark or brand that was recorded with the county clerk before the registry's establishment. S.B. 503 includes a generally accepted identification method among the marks and brands that a person who has cattle, hogs, sheep, or goats is required to have and record with the county clerk of the county in which the animals are located. The bill replaces the requirement for a county clerk to keep a record of marks and brands recorded with the clerk with a requirement for the clerk to make and keep an electronic record of such marks and brands. The bill replaces the authorization for a county clerk to accept electronic filing or rerecording of an earmark, brand, tattoo, electronic device, or other type of mark for which a recording is required under law with a requirement to do so. The bill authorizes a person required to record an earmark, brand, tattoo, electronic device, or other type of mark to authorize an agent to record the mark and requires that authorization to be in writing. S.B. 503 moves from August 30 to September 1 the date that anchors the decennial deadline by which a person who owns applicable livestock is required to have that person's marks and brands recorded with the county clerk. S.B. 503 replaces the requirement for a county clerk who receives a mark or brand record relating to cattle or horses to forward a copy of the record to the association authorized to inspect livestock under federal law relating to brand and mark inspection fees with a requirement for the clerk to deliver an electronic copy of the record to the TAHC for purposes of the electronic registry. S.B. 503 includes as a person subject to provisions relating to general animal disease and pest control as the caretaker of an animal and who is presumed to control the animal a person who has recorded a mark or brand for the animal under applicable statutory provisions. S.B. 503 requires the TAHC, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's changes to statutory provisions relating to livestock marks and brands. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 503
By: Perry
Agriculture & Livestock
Committee Report (Unamended)
S.B. 503
By: Perry
Agriculture & Livestock
Committee Report (Unamended)
BACKGROUND AND PURPOSE Livestock owners in Texas are required to record their brands, earmarks, tattoos, and electronic devices with the county clerk of the county in which the animals are located. However, the current recording system relies heavily on paper records, making it difficult to quickly verify ownership, track stolen livestock, and share information across counties. Modernizing this system with an electronic registry of marks and brands would improve efficiency, accessibility, and security. S.B. 503 seeks to provide for such a registry in order to help enhance livestock identification and support law enforcement efforts in combating theft and misidentification.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Animal Health Commission in SECTION 5 of this bill.
ANALYSIS S.B. 503 amends the Agriculture Code to require the Texas Animal Health Commission (TAHC) to establish and maintain on its website a publicly available and searchable electronic registry of marks and brands recorded with a county clerk. The bill prohibits the registry from providing to the general public any personal identifying information of a person associated with a recorded mark or brand but requires the TAHC to establish a process for law enforcement to access the registry and obtain for law enforcement purposes such personal identifying information. The bill requires the TAHC to adopt rules and procedures to implement these provisions of the bill relating to the registry, including a process for the following: a person to record a mark or brand with a county clerk through an electronic method, in a form and manner prescribed by the TAHC; and a county clerk to deliver to the TAHC an electronic record of a mark or brand that has been recorded with the county clerk, including any records of a mark or brand that was recorded with the county clerk before the registry's establishment. S.B. 503 includes a generally accepted identification method among the marks and brands that a person who has cattle, hogs, sheep, or goats is required to have and record with the county clerk of the county in which the animals are located. The bill replaces the requirement for a county clerk to keep a record of marks and brands recorded with the clerk with a requirement for the clerk to make and keep an electronic record of such marks and brands. The bill replaces the authorization for a county clerk to accept electronic filing or rerecording of an earmark, brand, tattoo, electronic device, or other type of mark for which a recording is required under law with a requirement to do so. The bill authorizes a person required to record an earmark, brand, tattoo, electronic device, or other type of mark to authorize an agent to record the mark and requires that authorization to be in writing. S.B. 503 moves from August 30 to September 1 the date that anchors the decennial deadline by which a person who owns applicable livestock is required to have that person's marks and brands recorded with the county clerk. S.B. 503 replaces the requirement for a county clerk who receives a mark or brand record relating to cattle or horses to forward a copy of the record to the association authorized to inspect livestock under federal law relating to brand and mark inspection fees with a requirement for the clerk to deliver an electronic copy of the record to the TAHC for purposes of the electronic registry. S.B. 503 includes as a person subject to provisions relating to general animal disease and pest control as the caretaker of an animal and who is presumed to control the animal a person who has recorded a mark or brand for the animal under applicable statutory provisions. S.B. 503 requires the TAHC, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's changes to statutory provisions relating to livestock marks and brands.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
Livestock owners in Texas are required to record their brands, earmarks, tattoos, and electronic devices with the county clerk of the county in which the animals are located. However, the current recording system relies heavily on paper records, making it difficult to quickly verify ownership, track stolen livestock, and share information across counties. Modernizing this system with an electronic registry of marks and brands would improve efficiency, accessibility, and security. S.B. 503 seeks to provide for such a registry in order to help enhance livestock identification and support law enforcement efforts in combating theft and misidentification.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Animal Health Commission in SECTION 5 of this bill.
ANALYSIS
S.B. 503 amends the Agriculture Code to require the Texas Animal Health Commission (TAHC) to establish and maintain on its website a publicly available and searchable electronic registry of marks and brands recorded with a county clerk. The bill prohibits the registry from providing to the general public any personal identifying information of a person associated with a recorded mark or brand but requires the TAHC to establish a process for law enforcement to access the registry and obtain for law enforcement purposes such personal identifying information. The bill requires the TAHC to adopt rules and procedures to implement these provisions of the bill relating to the registry, including a process for the following:
a person to record a mark or brand with a county clerk through an electronic method, in a form and manner prescribed by the TAHC; and
a county clerk to deliver to the TAHC an electronic record of a mark or brand that has been recorded with the county clerk, including any records of a mark or brand that was recorded with the county clerk before the registry's establishment.
S.B. 503 includes a generally accepted identification method among the marks and brands that a person who has cattle, hogs, sheep, or goats is required to have and record with the county clerk of the county in which the animals are located. The bill replaces the requirement for a county clerk to keep a record of marks and brands recorded with the clerk with a requirement for the clerk to make and keep an electronic record of such marks and brands. The bill replaces the authorization for a county clerk to accept electronic filing or rerecording of an earmark, brand, tattoo, electronic device, or other type of mark for which a recording is required under law with a requirement to do so. The bill authorizes a person required to record an earmark, brand, tattoo, electronic device, or other type of mark to authorize an agent to record the mark and requires that authorization to be in writing.
S.B. 503 moves from August 30 to September 1 the date that anchors the decennial deadline by which a person who owns applicable livestock is required to have that person's marks and brands recorded with the county clerk.
S.B. 503 replaces the requirement for a county clerk who receives a mark or brand record relating to cattle or horses to forward a copy of the record to the association authorized to inspect livestock under federal law relating to brand and mark inspection fees with a requirement for the clerk to deliver an electronic copy of the record to the TAHC for purposes of the electronic registry.
S.B. 503 includes as a person subject to provisions relating to general animal disease and pest control as the caretaker of an animal and who is presumed to control the animal a person who has recorded a mark or brand for the animal under applicable statutory provisions.
S.B. 503 requires the TAHC, as soon as practicable after the bill's effective date, to adopt rules necessary to implement the bill's changes to statutory provisions relating to livestock marks and brands.
EFFECTIVE DATE
September 1, 2025.