reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.075. Subsequent Elections to Adopt Subchapter

Sec. 143.075.  SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER.  (a)  Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, no other election for that purpose may be held in the county or area in which the election was held within one year after the date of the election.
(b)  If adoption of this subchapter is defeated at a countywide election, this section does not prohibit another election on the proposition from being held immediately thereafter for an area within the county.  If adoption of this subchapter is defeated at an election in an area within a county, no other election covering that area may be held except an election in the same area, which must be held at least one year after the prior election.
Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.076. Repeal

Sec. 143.076.  REPEAL.  (a)  In accordance with this section, the freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners court to conduct an election for repeal of that adoption.
(b)  A petition for a countywide election must be signed by at least 200 freeholders of the county, including 24 freeholders from each justice precinct.  A petition for an election in an area within a county must be signed by at least 50 freeholders of the area.
(c)  Except as provided by this section, the election is governed by the provisions of this subchapter relating to the original election.
(d)  If this subchapter has been adopted for the entire county, it may not be repealed for an area within the county unless two-thirds of the votes cast at a countywide election favor repeal for that area.
Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.077. Fences

Sec. 143.077.  FENCES.  A fence is sufficient for purposes of this chapter if it is sufficient to keep out the classes of animals not affected by this subchapter.
Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.082. Penalty

Sec. 143.082.  PENALTY.  (a)  A person commits an offense if the person knowingly permits a head of cattle or a domestic turkey to run at large in a county or area that has adopted this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.101. Definition

Sec. 143.101.  DEFINITION.  In this subchapter, "highway" means a U.S. highway or a state highway in this state, but does not include a numbered farm-to-market road.  The term includes the portion of Recreation Road Number 255 that is located in Newton County between State Highway Number 87 and the boundary line with Jasper County.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 380, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.102. Running at Large on Highway Prohibited

Sec. 143.102.  RUNNING AT LARGE ON HIGHWAY PROHIBITED.  A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.103. Immunity From Liability

Sec. 143.103.  IMMUNITY FROM LIABILITY.  A person whose vehicle strikes, kills, injures, or damages an unattended animal running at large on a highway is not liable for damages to the animal except as a finding of:
(1)  gross negligence in the operation of the vehicle;  or
(2)  wilful intent to strike, kill, injure, or damage the animal.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.104. Herding of Livestock Along Highway

Sec. 143.104.  HERDING OF LIVESTOCK ALONG HIGHWAY.  This subchapter does not prevent the movement of livestock from one location to another by herding, leading, or driving the livestock on, along, or across a highway.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.106. Enforcement

Sec. 143.106.  ENFORCEMENT.  Each state highway patrolman or county or local law enforcement officer shall enforce this subchapter and may enforce it without the use of a written warrant.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.107. Conflict With Other Law

Sec. 143.107.  CONFLICT WITH OTHER LAW.  This subchapter prevails to the extent of any conflict with another provision of this chapter.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter E. Animals Running at Large on Highways › Section 143.108. Penalty

Sec. 143.108.  PENALTY.  (a)  A person commits an offense if the person violates Section 143.102 of this code.
(b)  An offense under this section is a Class C misdemeanor.
(c)  A person commits a separate offense for each day that an animal is permitted to roam at large in violation of Section 143.102 of this code.
Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter F. Removal of Adjoining Fences › Section 143.121. Prohibition

Sec. 143.121.  PROHIBITION.  Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is:
(1)  a separating or dividing fence in which the person is a joint owner;  or
(2)  attached to a fence owned or controlled by another person.
Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter F. Removal of Adjoining Fences › Section 143.122. Removal of Fence by Owner

Sec. 143.122.  REMOVAL OF FENCE BY OWNER.  A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation.  The notice must be in writing and given to the owner of the attached fence or to that person's agent, attorney, or lessee.
Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter F. Removal of Adjoining Fences › Section 143.123. Requiring Removal of Fence by Another Person

Sec. 143.123.  REQUIRING REMOVAL OF FENCE BY ANOTHER PERSON.  A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached fence to disconnect and withdraw the attached fence by giving six months' notice of the required disconnection.  The notice must be in writing and given to the owner of the attached fence or that person's agent, attorney, or lessee.
Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter A. General Provisions › Section 144.001. Owner's Marks and Brands

Sec. 144.001.  OWNER'S MARKS AND BRANDS.  (a)  Each person who has cattle, hogs, sheep, or goats shall have and may use one or more earmarks, brands, tattoos, or electronic devices differing from the earmarks, brands, tattoos, and electronic devices of the person's neighbors.
(b)  A person who owns a horse may have and use one or more of the following to identify the horse:
(1)  a brand differing from the brand of the person's neighbors, including a fire or electric heat brand, freeze brand, acid brand, or hoof brand;
(2)  an earmark differing from the earmark of the person's neighbors;
(3)  a tattoo differing from the tattoo of the person's neighbors;
(4)  an electronic device;  or
(5)  another generally accepted identification method.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 780, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 368, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter A. General Provisions › Section 144.002. Brands of Minors

Sec. 144.002.  BRANDS OF MINORS.  A minor who owns cattle, hogs, or one or more horses may have one or more marks or brands, but the parent or guardian of the minor is responsible for the proper use of the mark or brand.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 780, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter A. General Provisions › Section 144.003. Age for Marking or Branding

Sec. 144.003.  AGE FOR MARKING OR BRANDING.  (a)  Cattle shall be marked with the earmark or branded with the brand of the owner on or before the date they are one year old.
(b)  Hogs, sheep, and goats shall be marked with the earmark of the owner on or before the date they are six months old.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter C. Recording of Marks and Brands › Section 144.041. Marks and Brands to Be Recorded

Sec. 144.041.  MARKS AND BRANDS TO BE RECORDED.  (a)  Each person who owns cattle, hogs, sheep, or goats shall record that person's earmarks, brands, tattoos, and electronic devices with the county clerk of the county in which the animals are located.
(b)  A person who owns a horse shall record an identification mark authorized by Section 144.001(b) with the county clerk of the county in which the animal is located.
(c)  The county clerk shall keep a record of the marks and brands of each person who applies to the clerk for that purpose.
(d)  A person may record that person's marks and brands in as many counties as necessary.
(e)  A person may record any mark or brand that the person desires to use if no other person has recorded the mark or brand, without regard to whether that person has previously recorded a mark or brand.
(f)  Not later than the 30th day after the date a county clerk receives a record relating to cattle or horses under this section, the clerk shall forward a copy of the record to the association authorized to inspect livestock under 7 U.S.C. Section 217a.
(g)  The recording of marks and brands at a point of sale for use by an association authorized to inspect livestock under 7 U.S.C. Section 217a does not serve as a record under this chapter. An association authorized to inspect livestock under 7 U.S.C. Section 217a has no duty to verify ownership at a point of sale.
(h)  A county clerk may accept electronic filing or rerecording of an earmark, brand, tattoo, electronic device, or other type of mark for which a recording is required under this chapter or other law.
Acts 1981, 67th Leg., p. 1358, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 780, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 368, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.21, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 304 (H.B. 2108), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter C. Recording of Marks and Brands › Section 144.042. Recording

Sec. 144.042.  RECORDING.  In recording a mark, electronic device, tattoo, or brand, the county clerk shall note the date on which the mark, electronic device, tattoo, or brand is recorded.  In addition, the person recording a mark, electronic device, tattoo, or brand shall designate the part of the animal on which the mark, electronic device, tattoo, or brand is to be placed and the clerk shall include that in the records.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 368, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter C. Recording of Marks and Brands › Section 144.043. Effect of Recording

Sec. 144.043.  EFFECT OF RECORDING.  (a)  Any dispute about an earmark or brand shall be decided by reference to the mark and brand records of the county clerk, and the mark or brand of the oldest date prevails.
(b)  A recorded mark or brand is the property of the person causing the record to be made and is subject to sale, assignment, transfer, devise, and descent the same as other personal property.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter C. Recording of Marks and Brands › Section 144.044. Rerecording

Sec. 144.044.  RERECORDING.  (a)  Not later than six months after August 30 of 1981 and of every 10th year thereafter, each person who owns livestock mentioned in this chapter shall have that person's marks and brands recorded with the county clerk, regardless of whether or not the marks or brands have been previously recorded.
(b)  The person who, according to the records of the county, first recorded the mark or brand in the county is entitled to have the mark or brand recorded in that person's name.  If the records do not show who first recorded the mark or brand in the county, the person who has been using the mark or brand the longest is entitled to have it recorded in that person's name.
(c)  After the expiration of six months from each recording under this section, the marks and brands recorded prior to recording under this section have no force and effect and only the records made after each recording under this section may be examined or considered in recording marks and brands in the county.
(d)  Not later than the 30th day after the date a county clerk receives a record relating to cattle or horses under this section, the clerk shall forward a copy of the record to the association authorized to inspect livestock under 7 U.S.C. Section 217a.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 368, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.121. Use of Unrecorded Mark or Brand

Sec. 144.121.  USE OF UNRECORDED MARK OR BRAND.  (a)  A person commits an offense if the person marks or brands any unmarked or unbranded livestock with a mark or brand that is not recorded under this chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $500.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.122. Altering Mark or Brand

Sec. 144.122.  ALTERING MARK OR BRAND.  (a)  A person commits an offense if the person alters or changes a mark or brand on livestock owned or controlled by that person without first having changed the recorded mark or brand.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $500.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.124. Improperly Recording Brand

Sec. 144.124.  IMPROPERLY RECORDING BRAND.  (a)  A person commits an offense if, as county clerk, the person records a brand for which the person recording the brand fails to designate the part of the animal on which the brand is to be placed.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $10 nor more than $50.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.125. Counterbranding Without Owner's Consent

Sec. 144.125.  COUNTERBRANDING WITHOUT OWNER'S CONSENT.  (a)  A person commits an offense if the person violates Section 144.074(c) of this code.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $10 nor more than $50 for each animal counterbranded.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.127. Reproduction or Destruction of Tattoo Mark

Sec. 144.127.  REPRODUCTION OR DESTRUCTION OF TATTOO MARK.  (a)  A person commits an offense if the person, without the consent of the owner, reproduces, counterfeits, copies, adds to, takes from, imitates, destroys, or removes a registered tattoo mark on livestock or aids in the commission of one of those acts.
(b)  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than 2 years nor more than 12 years.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.001, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 144 - Marks and Brands › Subchapter F. Penalties › Section 144.128. Purchase, Sale, or Transportation of Tattooed Livestock Without Consent

Sec. 144.128.  PURCHASE, SALE, OR TRANSPORTATION OF TATTOOED LIVESTOCK WITHOUT CONSENT.  (a)  A person commits an offense if the person:
(1)  without consent of the owner, buys, sells, or barters, for that person or another person, any livestock on which a registered tattoo mark has been placed;
(2)  without consent of the owner, transports over the highways of this state any livestock on which a registered tattoo mark has been placed;  or
(3)  aids in the commission of an act under Subdivision (1) or (2) of this subsection.
(b)  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than 2 years nor more than 12 years.
Acts 1981, 67th Leg., p. 1363, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.002, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter A. General Provisions › Section 146.001. Bill of Sale or Transfer Required

Sec. 146.001.  BILL OF SALE OR TRANSFER REQUIRED.  (a)  If a person in this state sells or transfers a horse, mule, jack, jennet, ox, or head of cattle, the actual delivery of the animal must be accompanied by a written transfer to the purchaser from the vendor.  The written transfer must give the marks and brands of the animal and, if more than one animal is transferred, must give the number transferred.
(b)  On the trial of the right of property in an animal sold or transferred under Subsection (a) of this section, the possession of the animal without the written transfer is presumed to be illegal.
(c)  A person may dispose of livestock on the range by sale and delivery of the marks and brands, but in order to acquire title the purchaser must have the bill of sale recorded in the county clerk's office.  The county clerk shall record the transfer in records maintained for that purpose and shall note the transfer on the records of marks and brands in the name of the purchaser.
Acts 1981, 67th Leg., p. 1365, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter A. General Provisions › Section 146.003. Register of Shipped Cattle

Sec. 146.003.  REGISTER OF SHIPPED CATTLE.  (a)  The commander or agent of a vessel or the agent of a railroad on which cattle are exported from this state shall keep a register of all cattle shipped, showing:
(1)  the marks, brands, and a general description of the animals;
(2)  the name of the person shipping the animals;
(3)  the date of shipment;  and
(4)  the county from which the cattle were driven.
(b)  On the first day of each month, the commander or agent shall deposit the register with the county clerk of the county from which the cattle were shipped.  The clerk shall copy the register into records maintained for that purpose and return it to the party recording the information.
Acts 1981, 67th Leg., p. 1366, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter A. General Provisions › Section 146.005. Permits to Transport Animals

Sec. 146.005.  PERMITS TO TRANSPORT ANIMALS.  (a)  A person who drives a vehicle, including a truck or an automobile, containing livestock, domestic fowl, slaughtered livestock or domestic fowl, or butchered portions of livestock or domestic fowl on a highway, public street, or thoroughfare or on property owned or leased by a person other than the driver shall obtain a permit authorizing the movement.
(b)  A permit must be signed by the owner or caretaker of the shipment or by the owner or person in control of the land from which the driver began movement.  In addition, the permit must state the following information:
(1)  the point of origin of the shipment, including the name of the ranch or other place;
(2)  the point of destination of the shipment, including the name of the ranch, market center, packinghouse, or other place;
(3)  the number of living animals, slaughtered animals, or butchered portions;  and
(4)  the description of the shipment, including the kind, breed, color, and marks and brands of living or slaughtered animals.
(c)  On demand of a peace officer or any other person, the driver shall exhibit the permit required by this section or shall provide a signed, written statement containing all of the information required for a permit under this section.
(d)  Failure or refusal of a driver to exhibit a permit or provide a statement in accordance with this section is probable cause for a search of the vehicle to determine if it contains stolen property and for detaining the shipment a reasonable length of time to make that determination.
Acts 1981, 67th Leg., p. 1366, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter A. General Provisions › Section 146.006. Penalty for Driving Stock to Market Without Bill of Sale or Sworn List

Sec. 146.006.  PENALTY FOR DRIVING STOCK TO MARKET WITHOUT BILL OF SALE OR SWORN LIST.  (a)  A person commits an offense if the person drives to market animals of a class listed in Section 146.001 of this code without possessing:
(1)  a bill of sale or transfer for each animal that shows the marks and brands of the animal and is certified as recorded by the county clerk of the county from which the animals were driven;  or
(2)  if the person raised the animals, a list of the marks and brands that is certified as recorded by the county clerk of the county from which the animals were driven.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $2,000.
Acts 1981, 67th Leg., p. 1367, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter A. General Provisions › Section 146.008. Penalty for Transporting Animals Without Permit or With Fraudulent Permit

Sec. 146.008.  PENALTY FOR TRANSPORTING ANIMALS WITHOUT PERMIT OR WITH FRAUDULENT PERMIT.  (a)  A person commits an offense if, under Section 146.005 of this code, the person:
(1)  transports living animals, slaughtered animals, or butchered portions of animals without possessing a permit;
(2)  fails to exhibit a permit or provide a statement on demand;
(3)  transports living animals, slaughtered animals, or butchered portions of animals that are not covered by a permit;
(4)  possesses a false or forged permit;  or
(5)  provides a false written statement.
(b)  An offense under Subsection (a)(1) or (a)(2) of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200 for each animal in the shipment.
(c)  An offense under Subsection (a)(3) of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200 for each animal that is not covered by the permit.
(d)  An offense under Subsection (a)(4) or (a)(5) of this section is a misdemeanor punishable by:
(1)  a fine of not less than $200 nor more than $500;
(2)  confinement in county jail for not less than 60 days nor more than 6 months;  or
(3)  both fine and confinement under this subsection.
Acts 1981, 67th Leg., p. 1367, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter B. Export-Import Processing Facilities › Section 146.021. Department Facilities

Sec. 146.021.  DEPARTMENT FACILITIES.  The department may receive and hold for processing animals and animal products transported in international trade and may establish and collect reasonable fees for yardage, maintenance, feed, medical care, facility use, and other necessary expenses incurred in the course of processing those animals.  Notwithstanding any other law, the department may use any portion of fees collected under this section that remains after spending the proceeds of the fees to meet other necessary expenses incurred under this section for expenses related to maintenance of or repairs to department facilities.
Acts 1981, 67th Leg., p. 1367, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 4(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 369, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter B. Export-Import Processing Facilities › Section 146.022. Contracts

Sec. 146.022.  CONTRACTS.  (a)  The department may execute agreements with corporations or other private concerns to provide feed, medical care, or other necessary goods and services in connection with the processing of animals that are to be exported or imported.
(b)  The department shall enter into any cooperative agreement initiated by the Texas Animal Health Commission under Section 161.053.
Acts 1981, 67th Leg., p. 1368, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter B. Export-Import Processing Facilities › Section 146.023. Payment of Fees and Debts

Sec. 146.023.  PAYMENT OF FEES AND DEBTS.  The department shall collect fees or debts owed to the state or to a supplier of goods or services in connection with the processing of exported or imported animals prior to the removal of the animals from the department's facilities.
Acts 1981, 67th Leg., p. 1368, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter B. Export-Import Processing Facilities › Section 146.024. Abandoned Animals

Sec. 146.024.  ABANDONED ANIMALS.  (a)  In order to satisfy unpaid fees and debts to the state and private suppliers, the department may sell at public auction an animal that the owner leaves in the processing facilities for more than 30 days.
(b)  The proceeds of a sale under this section shall be used first to satisfy the fees owed to the department and then to satisfy the fees and debts owed to private suppliers.  Any balance of the proceeds shall be paid to the owner of the animal, as determined by the manifest or shipping order accompanying the animal.
Acts 1981, 67th Leg., p. 1368, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 146 - Sale and Shipment of Livestock › Subchapter B. Export-Import Processing Facilities › Section 146.025. Care and Treatment of Animals in Facilities

Sec. 146.025.  CARE AND TREATMENT OF ANIMALS IN FACILITIES.  (a)  The department shall exercise reasonable care in the handling and movement of animals in the processing facilities of the department.
(b)  The department is not responsible for death or injury suffered by an animal as a result of the negligence or criminal conduct of a private supplier or a person who is not an authorized employee of the department.
Acts 1981, 67th Leg., p. 1368, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter A. General Provisions › Section 147.001. Definitions

Sec. 147.001.  DEFINITIONS.  In this chapter:
(1)  "Commission merchant" means a livestock commission merchant or a livestock auction commission merchant.
(2)  Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.
Acts 1981, 67th Leg., p. 1378, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter A. General Provisions › Section 147.002. Commission Merchants

Sec. 147.002.  COMMISSION MERCHANTS.  (a)  A person is subject to this chapter as a livestock commission merchant if the person:
(1)  pursues the business of selling livestock on consignment for a commission or other charges;
(2)  solicits consignment of livestock as a livestock commission merchant;  or
(3)  advertises or holds himself or herself out to be a livestock commission merchant.
(b)  A person is subject to this chapter as a livestock auction commission merchant if the person:
(1)  pursues the business of selling livestock at auction on consignment for a commission or other charges;
(2)  solicits consignment of livestock as a livestock auction commission merchant;  or
(3)  advertises or holds himself or herself out to be a livestock auction commission merchant.
Acts 1981, 67th Leg., p. 1378, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter A. General Provisions › Section 147.003. Exceptions

Sec. 147.003.  EXCEPTIONS.  (a)  A person pursuing the business of selling mules, horses, jacks, or jennets in a county with a population of not less than 2.1 million nor more than 2.2 million is not subject to this chapter as a livestock auction commission merchant.
(b)  Sections 147.004, 147.022(a)(3), 147.022(b), 147.023, 147.024, and 147.041(a) do not apply to a livestock auction commission or company that is subject to and regulated by the United States Department of Agriculture under the Packers and Stock Yards Act (7 U.S.C. Sec. 181 et seq.).
Acts 1981, 67th Leg., p. 1378, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 55, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter A. General Provisions › Section 147.004. Remittance of Sale Proceeds

Sec. 147.004.  REMITTANCE OF SALE PROCEEDS.  (a)  Within 48 hours after the sale of consigned livestock, a commission merchant shall:
(1)  remit the net proceeds of the sale to each person entitled to receive those proceeds or to another person to whom the person directs that the proceeds be paid;  or
(2)  if requested by a person, deposit the proceeds due that person to the credit of that person in a state or national bank in the city or county of the commission merchant's principal place of business.
(b)  In calculating the time allowed for remittance of proceeds under this section by a livestock commission merchant, Sundays, holidays, and the day of sale are excluded.  In calculating the time allowed for remittance of proceeds under this section by a livestock auction commission merchant, Sundays, holidays, and the day of sale are included.
Acts 1981, 67th Leg., p. 1379, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter A. General Provisions › Section 147.005. Deposit of Proceeds in Dispute

Sec. 147.005.  DEPOSIT OF PROCEEDS IN DISPUTE.  (a)  If the proceeds of a sale of livestock by a commission merchant become involved in a dispute between contending claimants, or if the commission merchant is notified that a person other than the person who consigned the livestock asserts a right to the proceeds, the commission merchant shall deposit the net proceeds of the sale in a state or national bank in the city or county of the commission merchant's principal place of business.
(b)  The commission merchant shall promptly notify all interested parties of the deposit of proceeds in a bank under Subsection (a) of this section.
(c)  Following the deposit of the proceeds and the giving of notice under this section, neither the commission merchant nor the bond of the commission merchant is liable for those funds.
Acts 1981, 67th Leg., p. 1379, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.021. Bond Required

Sec. 147.021.  BOND REQUIRED.  Before engaging in business as a commission merchant, a person shall file a bond with the county judge of the county of the commission merchant's principal place of business.
Acts 1981, 67th Leg., p. 1379, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.022. Terms and Conditions of Bond

Sec. 147.022.  TERMS AND CONDITIONS OF BOND.  (a)  Each bond filed under this chapter must be:
(1)  signed by a solvent surety company authorized to do business in this state and having a paid-up capital of at least $500,000;
(2)  payable to the county judge of the county of the commission merchant's principal office or place of business as trustee for all persons who may be entitled to recover under the bond;  and
(3)  conditioned that the commission merchant will comply with the requirements of this chapter and will well and truly perform all agreements entered into with a consignor or owner of livestock, or with a person holding a lien on livestock, in relation to receiving, handling, and selling the livestock and remitting the net proceeds of a sale.
(b)  Each bond must contain a provision requiring that, in order to terminate a bond, the terminating party must give at least 10 days' written notice to the county judge prior to the termination.
Acts 1981, 67th Leg., p. 1379, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.023. Amount of Bond

Sec. 147.023.  AMOUNT OF BOND.  (a)  Except as otherwise provided by this section, the amount of each commission merchant's bond must be equal to the nearest multiple of $1,000 that is more than twice the average amount of the commission merchant's sales and purchases of livestock on a business day during the preceding year or portion of a year in which the person engaged in business as a commission merchant.  The average amount of sales and purchases for one day is determined by dividing the total sales and purchases for the preceding year by 308, regardless of the actual number of business days.
(b)  A bond may not be in an amount less than $2,000.
(c)  If the amount equal to twice the average sales and purchases of a commission merchant on a business day exceeds $50,000, the bond must be in an amount equal to $50,000 plus 10 percent of the amount of sales and purchases in excess of $50,000.
(d)  If prior to filing bond a person has no previous sales and purchases on which to determine the amount of the bond, the bond must be in an amount adequate to cover the probable volume of business to be done by that person, as determined by the county judge of the county of the commission merchant's principal place of business.  After that person has engaged in business as a commission merchant for one year, the amount of the bond shall be determined as otherwise provided by this section.
(e)  If in the judgment of the county judge the condition of the business of a livestock commission merchant renders the bond inadequate, the county judge shall notify the livestock commission merchant and the commission merchant shall increase the bond to an amount determined adequate by the county judge.
Acts 1981, 67th Leg., p. 1380, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.024. More Than One Person Under Single Bond

Sec. 147.024.  MORE THAN ONE PERSON UNDER SINGLE BOND.  (a)  If two or more commission merchants are employees or agents solely for one person, they may be covered by a single bond in an amount determined under Section 147.023 of this code on the basis of combined purchases and sales.
(b)  Two or more commission merchants not subject to Subsection (a) of this section may be covered under a single bond in an amount not less than the aggregate amount of individual bonds required under Section 147.023 of this code.
Acts 1981, 67th Leg., p. 1380, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.025. Approval of Bond by County Judge

Sec. 147.025.  APPROVAL OF BOND BY COUNTY JUDGE.  (a)  The county judge shall carefully examine each commission merchant's bond and shall approve a bond if satisfied that it conforms to the requirements of this subchapter.
(b)  Before approving the bond of a livestock commission merchant, the county judge shall obtain certified data relating to the surety company from the commissioner of insurance.
Acts 1981, 67th Leg., p. 1380, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.026. Recording of Bond and Statement of Sales

Sec. 147.026.  RECORDING OF BOND AND STATEMENT OF SALES.  (a)  The county judge shall file each commission merchant's bond with the county clerk, who shall record the bond at length in records maintained for that purpose labeled "Bonds of Livestock Commission Merchants" or "Bonds of Livestock Auction Commission Merchants," as applicable.  The records must be properly indexed.
(b)  If the person filing the bond is a livestock commission merchant, the person shall also file a sworn statement with the county judge setting forth the average daily sales of the person for the preceding year.  The county clerk shall record the statement in the same manner as the bond.
(c)  The county clerk shall file the original bond and sworn statement of a livestock commission merchant in the clerk's office.
Acts 1981, 67th Leg., p. 1381, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 23, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.027. Commission Merchant's Copy of Bond

Sec. 147.027.  COMMISSION MERCHANT'S COPY OF BOND.  As soon as practicable after the recording of a bond, a commission merchant shall request, and the county clerk shall provide, a certified copy of the bond.  The commission merchant shall post that copy in a conspicuous place in the main office of the commission merchant's principal place of business.
Acts 1981, 67th Leg., p. 1381, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.028. Suit on Bond

Sec. 147.028.  SUIT ON BOND.  (a)  Any person damaged by breach of a condition of a bond may bring suit and recover under the bond.  The suit shall be brought in the county in which the bond is filed.
(b)  A bond is not void on first recovery and may be sued on until the total amount is exhausted.  If a bond is reduced by one-half, the commission merchant shall file a new bond, conditioned as provided by this subchapter for the original bond, in an amount necessary to restore the bond to the amount required by Section 147.023 of this code.
Acts 1981, 67th Leg., p. 1381, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter B. Bond › Section 147.029. Insolvency of Surety

Sec. 147.029.  INSOLVENCY OF SURETY.  If the county judge discovers that the surety on a bond is insolvent or determines that the surety is financially unable to make the bond sufficient, the county judge shall notify the commission merchant and the commission merchant shall execute a new bond in accordance with the requirements for the original bond.
Acts 1981, 67th Leg., p. 1381, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 147 - Livestock Commission Merchants › Subchapter C. Records › Section 147.041. Record of Sales

Sec. 147.041.  RECORD OF SALES.  (a)  Each livestock auction commission merchant shall keep a record of all livestock sold at auction.  The record must give an accurate description of the livestock, including:
(1)  the color;
(2)  the probable age;
(3)  any marks and brands;  and
(4)  the location of marks and brands.
(b)  Records maintained under Subsection (a) of this section are subject to inspection by any citizen of this state.
(c)  Each livestock auction commission merchant shall file a quarterly report of all livestock sold with the commissioners court of the county in which the commission merchant transacts business.  The report must include:
(1)  a description of the livestock;
(2)  the name and address of the consignor or the person purporting to own the livestock;  and
(3)  the name and address of the purchaser.
Acts 1981, 67th Leg., p. 1381, ch. 388, Sec. 1, eff. Sept. 1, 1981.