AGRICULTURE CODE


TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS


SUBTITLE B. LIVESTOCK


CHAPTER 153. PREVENTION AND INVESTIGATION OF CATTLE THEFT


Sec. 153.001. DEFINITIONS. In this chapter:

(1) "Association" means the Texas and Southwestern Cattle Raisers Association.

(2) "Program" means the inspection program established by department rule under Section 153.002.

Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.

Sec. 153.002. ESTABLISHMENT OF PROGRAM. (a) The department by rule shall establish a cattle inspection program to discourage and investigate property crimes involving cattle in this state:

(1) on request by the association; and

(2) if a similar program authorized by federal law is canceled, suspended, repealed, or otherwise scheduled for discontinuation.

(b) The program must utilize existing cattle industry infrastructure to the extent possible.

(c) The department shall establish an advisory committee to advise the department on program rules. At least once every two years, the advisory committee shall review the program rules and submit findings and recommendations to the department.

Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.

Sec. 153.003. INSPECTIONS. Program rules must authorize the special rangers appointed under Article 2.125, Code of Criminal Procedure, and other association employees designated by the special rangers, to inspect and record brands and other identifying characteristics of cattle at livestock auction markets.

Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.

Sec. 153.004. ASSESSMENT. (a) Program rules must establish a per-head regulatory assessment in an amount necessary to reimburse the association for direct costs incurred under this chapter.

(b) In determining the amount of the assessment, the department shall consider:

(1) the amount of similar assessments or charges authorized by the laws of other states or the United States;

(2) the direct operating costs of the program; and

(3) the expertise required to operate the program.

(c) On request by the association, the department shall review the amount of the assessment and consider any necessary revision.

(d) Each livestock auction market shall collect the assessment and remit the amount collected to the association.

(e) Assessments collected under this section are not state funds and are not required to be deposited in the state treasury.

(f) A person who has possession, custody, or control of an assessment collected under this section and not remitted to the association before the 31st day after the date collected is subject to an administrative penalty in an amount provided by department rule.

Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.

Sec. 153.005. STATE OVERSIGHT. (a) The department must approve the association's budget for the program each year.

(b) The department shall review and act on the association's budget for the program each year not later than the 45th day after the date the association submits the budget to the department.

(c) The department or the state auditor may inspect the association's financial records related to the program at any time.

Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.