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

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.

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.

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.

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.

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.

SUBCHAPTER B. EXPORT-IMPORT PROCESSING 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.

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.

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.

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.

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.