By: González of El Paso, King of Uvalde, Stucky	H.B. No. 2817
	(Senate Sponsor - Perry)
	(In the Senate - Received from the House May 3, 2017;
	May 10, 2017, read first time and referred to Committee on
	Agriculture, Water & Rural Affairs; May 19, 2017, reported
	adversely, with favorable Committee Substitute by the following
	vote:  Yeas 5, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 2817	By:  Perry

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of, punishment for, and deterrence of
	certain offenses involving cattle, bison, or horses; authorizing an
	administrative penalty; authorizing an assessment; increasing a
	criminal penalty.
	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	canceled, suspended, repealed, or otherwise scheduled for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.  Section 28.03, Penal Code, is amended by
	amending Subsection (b) and adding Subsection (k) to read as
	follows:
	(b)  Except as provided by Subsections (f) and (h), an
	offense under this section is:
	(1)  a Class C misdemeanor if:
	(A)  the amount of pecuniary loss is less than
	$100; or
	(B)  except as provided in Subdivision (3)(A) or
	(3)(B), it causes substantial inconvenience to others;
	(2)  a Class B misdemeanor if the amount of pecuniary
	loss is $100 or more but less than $750;
	(3)  a Class A misdemeanor if:
	(A)  the amount of pecuniary loss is $750 or more
	but less than $2,500; or
	(B)  the actor causes in whole or in part
	impairment or interruption of any public water supply, or causes to
	be diverted in whole, in part, or in any manner, including
	installation or removal of any device for any such purpose, any
	public water supply, regardless of the amount of the pecuniary
	loss;
	(4)  a state jail felony if the amount of pecuniary loss
	is:
	(A)  $2,500 or more but less than $30,000;
	(B)  less than $2,500, if the property damaged or
	destroyed is a habitation and if the damage or destruction is caused
	by a firearm or explosive weapon;
	(C)  less than $2,500, if the property was a fence
	used for the production or containment of:
	(i)  cattle, bison, horses, sheep, swine,
	goats, exotic livestock, or exotic poultry; or
	(ii)  game animals as that term is defined by
	Section 63.001, Parks and Wildlife Code; or
	(D)  less than $30,000 and the actor causes wholly
	or partly impairment or interruption of public communications,
	public transportation, public gas or power supply, or other public
	service, or causes to be diverted wholly, partly, or in any manner,
	including installation or removal of any device for any such
	purpose, any public communications or public gas or power supply;
	(5)  a felony of the third degree if:
	(A)  the amount of the pecuniary loss is $30,000
	or more but less than $150,000; or
	(B)  the actor, by discharging a firearm or other
	weapon or by any other means, causes the death of one or more head of
	cattle or bison or one or more horses;
	(6)  a felony of the second degree if the amount of
	pecuniary loss is $150,000 or more but less than $300,000; or
	(7)  a felony of the first degree if the amount of
	pecuniary loss is $300,000 or more.
	(k)  Subsection (a)(1) or (2) does not apply if the tangible
	personal property of the owner was a head of cattle or bison killed,
	or a horse killed, in the course of the actor's:
	(1)  actual discharge of official duties as a member of
	the United States armed forces or the state military forces as
	defined by Section 437.001, Government Code; or
	(2)  regular agricultural labor duties and practices.
	SECTION 3.  Section 28.03, Penal Code, as amended by this
	Act, applies only to an offense committed on or after the effective
	date of this Act. An offense committed before the effective date of
	this Act is governed by the law in effect on the date the offense was
	committed, and the former law is continued in effect for that
	purpose. For purposes of this section, an offense was committed
	before the effective date of this Act if any element of the offense
	occurred before that date.
	SECTION 4.  This Act takes effect September 1, 2017.
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