## THEA~ORNEYGENERAL OF TEXAS

Bon. SamLee, County Attorney, Brasorla County, Angleton, Texas

Dear Sir: Opinion Do.

## v-563 Re: Authority of County Clerk to record a brand which is on cattle transferred from another county whensuch brand has been previously recorded in his county.

Werefer to your letter of April 14, 1948, in which you submit the questions: QUESTIOD

10. I

“Maytwo persons have the samefigure as a brand, but place it at a different point on the animal’s body? QWSTIOI4DO. II

“If cattle are moved from one county to another county andvhen the owner goes to record his brand in the newcounty and finds another brand recorded andwhich was recorded at a time later than the brand of the person whotransferred the cattle In his original county, will the ovner vho transferred the cattle have to change his brand in order ,to comply with the statute that no two persons can have the samebrand. In other words, when the person whotransferred the cattle goes lnto the Clerk’s Office to record his brand, can the Clerk record the samewhenhe already has such a brand legally recorded in the nameof another person?” Article 6899d, V. C. S.~,.readsr

“This Act shall apply to Brasoria County only. In said County each owner of any livestock mentioned in Chapter 1 of Title 121, ofHon. SamLee - Page 2 

### (V-563)

the Revised Civfl Statutes of Texas, of 1925 shall within six 

### (6) months after this Act takes effect have his markand brand for such stock recorded in the office of the County Clerk of said County. Such owners shall so record such marksandbrands whether the same have been heretofore recorded or not. The owner shall have the right to have his markand brand recorded In his namewhoaccording to the present records of said County first recorded the samein the County, or In event it can not be ascertained from the records who first recorded sameIn the County, then the person whohas been using such mark andbrand the longest shall have the right to have the samerecorded in his name. After the explration of six 

### (6)

months from the taking effect of this Act all records of marks and brands nowin existence in said County shall no longer have any force or effect and after the expiration of six 

### (6) months only the records madeafter this Act takes effect shall be examined or considered in recording marks and brands in said County. Immediately upon the taking effect of this Act the County Clerk of said County shall have this Act published in somenewspaper of general circulation in the County for a period of thirty (30) days, which publication shall be paid for by the County out of the General County Fund. Acts 1939, 46th Leg., Spec. L., p. 

### 516,8 1.” Article 1486, V. P. C., reads:

“Any county clerk whoshall record any brand whenthe person having the samerecorded fails to designate the part of the animal upon which the sameIs to be placed shall be fined not less than ten or more than fifty dollars.”

1114 We quote fromAttorney General’s Opinion Bo. Oreferred to by you in your request: ” r&i wehold the opinion that you were corin advising your county clerk that it Is possible for two persons to have the samefigure as a brand, if they place it at a distlnctively different place on the animal’s body.”Hon. SamLee - Page 

### 3 (V-563)

In view of the foregoing, if a brand is recorded in Brazorla County, which record designates the place on an animal where such brand shall be placed, another owner maynot have the samebrand recorded to be placed at the samedesignated place on an animal; but mayrecord the same figure, letter or character to be placed at a different designated place on such animal.

If a brand Is recorded in Brazorla County, which record designates the place on an animal where such brand shall be placed, another owner maynot have the samebrand recorded to be placed at the samedesignated place on an animal; but mayrecord the samefigure, letter or character to be placed at a different deslgnated place on such animal. Very truly yours? ATTORNEY

GENERAL

OFTEXkS

W ’W :wb

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