Bill Text: TX HB3707 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to an inspection program to deter cattle theft; authorizing an administrative penalty; authorizing an assessment.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3707 Detail]
Download: Texas-2017-HB3707-Comm_Sub.html
85R26280 BEF-F | |||
By: King of Uvalde, et al. | H.B. No. 3707 | ||
Substitute the following for H.B. No. 3707: | |||
By: King of Uvalde | C.S.H.B. No. 3707 |
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relating to an inspection program to deter cattle theft; | ||
authorizing an administrative penalty; authorizing an assessment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 6, Agriculture Code, is | ||
amended by adding Chapter 153 to read as follows: | ||
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. | ||
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canceled, suspended, repealed, or otherwise scheduled for | ||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. | ||
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. | ||
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. | ||
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. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |