AGRICULTURE CODE CHAPTER 144. MARKS AND BRANDS

AGRICULTURE CODE

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

SUBTITLE B. LIVESTOCK

CHAPTER 144. MARKS AND BRANDS

SUBCHAPTER A. GENERAL PROVISIONS

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, electronic devices, or other generally accepted identification methods differing from the earmarks, brands, tattoos, electronic devices, and other generally accepted identification methods 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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 1, eff. September 1, 2025.

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.

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.

SUBCHAPTER C. RECORDING OF MARKS AND BRANDS

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, electronic devices, and other generally accepted identification methods 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 make and keep an electronic record of the marks and brands of each person who applies to the clerk for recording of a mark or brand.

(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 deliver an electronic copy of the record to the Texas Animal Health Commission as described by Section 144.102(d).

(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 shall 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.

(i) A person required to record an earmark, brand, tattoo, electronic device, or other type of mark may authorize an agent to record the mark under this section. The authorization must be in writing.

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.

Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 2, eff. September 1, 2025.

Sec. 144.042. RECORDING. In recording a mark, electronic device, tattoo, brand, or other generally accepted identification method, the person recording the mark shall note the date on which the mark, electronic device, tattoo, brand, or other generally accepted identification method is recorded. In addition, the person recording a mark, electronic device, tattoo, brand, or other generally accepted identification method shall designate the part of the animal on which the mark, electronic device, tattoo, brand, or other generally accepted identification method is to be placed.

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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 3, eff. September 1, 2025.

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.

Sec. 144.044. RERECORDING. (a) Not later than six months after September 1 of 2031 and every 10th year thereafter, each person who owns livestock mentioned in this chapter shall have that person's marks and brands recorded or rerecorded 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 deliver an electronic copy of the record to the Texas Animal Health Commission as described by Section 144.102(d).

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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 4, eff. September 1, 2025.

SUBCHAPTER D. ELECTRONIC REGISTRY OF MARKS AND BRANDS

Sec. 144.101. DEFINITION. In this subchapter, "commission" means the Texas Animal Health Commission.

Added by Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 5, eff. September 1, 2025.

Sec. 144.102. ELECTRONIC REGISTRY OF MARKS AND BRANDS. (a) The commission shall establish and maintain on its Internet website a publicly available and searchable registry of marks and brands recorded with a county clerk under Subchapter C.

(b) The electronic registry of marks and brands may not provide to the general public any personal identifying information of a person associated with a recorded mark or brand.

(c) The commission shall establish a process for law enforcement to access the registry and obtain for law enforcement purposes personal identifying information of a person associated with a recorded mark or brand.

(d) The commission shall adopt rules and procedures to implement this section, including a process for:

(1) a person to record a mark or brand with a county clerk through an electronic method, in a form and manner prescribed by the commission; and

(2) a county clerk to deliver to the commission 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 establishment of the electronic registry.

Added by Acts 2025, 89th Leg., R.S., Ch. 3 (S.B. 503), Sec. 5, eff. September 1, 2025.

SUBCHAPTER F. PENALTIES

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.