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A BILL TO BE ENTITLED
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AN ACT
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relating to an inspection program to deter cattle theft; |
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authorizing an administrative penalty; authorizing an assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Agriculture Code, is |
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amended by adding Chapter 153 to read as follows: |
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CHAPTER 153. PREVENTION AND INVESTIGATION OF CATTLE THEFT |
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Sec. 153.001. DEFINITIONS. In this chapter: |
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(1) "Association" means the Texas and Southwestern |
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Cattle Raisers Association. |
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(2) "Program" means the inspection program |
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established by department rule under Section 153.002. |
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Sec. 153.002. ESTABLISHMENT OF PROGRAM. (a) The |
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department by rule shall establish a cattle inspection program to |
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discourage and investigate property crimes involving cattle in this |
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state: |
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(1) on request by the association; and |
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(2) if a similar program authorized by federal law is |
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canceled, suspended, repealed, or otherwise scheduled for |
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discontinuation. |
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(b) The program must utilize existing cattle industry |
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infrastructure to the extent possible. |
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Sec. 153.003. INSPECTIONS. Program rules shall authorize |
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the special rangers appointed under Article 2.125, Code of Criminal |
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Procedure, and other association employees designated by the |
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special rangers, to inspect and record brands and other identifying |
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characteristics of cattle at livestock auction markets, livestock |
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video and online auctions, and slaughter plants. |
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Sec. 153.004. ASSESSMENT. (a) Program rules shall |
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establish a per-head regulatory assessment in an amount necessary |
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to reimburse the association for costs incurred under this chapter. |
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(b) In determining the amount of the assessment, the |
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department shall consider: |
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(1) the amount of similar assessments or charges |
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authorized by the laws of other states or the United States; |
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(2) the costs of administering the program; and |
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(3) the expertise required to administer the program. |
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(c) On request by the association, the department shall |
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review the amount of the assessment and consider any necessary |
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revision. |
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(d) Each livestock auction market, livestock video or |
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online auction, and slaughter plant where inspections are conducted |
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under the program shall collect the assessment and remit the amount |
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collected to the association. |
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(e) Assessments collected under this section are not state |
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funds and are not required to be deposited in the state treasury. |
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(f) A person who has possession, custody, or control of an |
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assessment collected under this section and not remitted to the |
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association before the 31st day after the date collected is subject |
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to an administrative penalty in an amount provided by department |
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rule. |
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Sec. 153.005. STATE OVERSIGHT. (a) The department shall |
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review and approve the association's budget for the program each |
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year within 30 days of submittal by the association. |
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(b) The department or the state auditor may inspect the |
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association's financial records related to the program at any time. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |