Texas Agriculture Code

Chapter 142. Estrays

            Sec. 142.001.  DEFINITIONS. In this chapter:
                        (1)  "Estray" means stray livestock, stray exotic livestock, or stray exotic fowl.
                        (2)  Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.
                        (3)  "Person" does not include the government or a governmental agency or
                               subdivision.
                        (4)  "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families but not including a mammal defined by Section 63.001, Parks and Wildlife Code, as a game animal, or by Section 71.001, Parks and Wildlife Code, as a fur-bearing animal, or any other indigenous mammal regulated by the Parks and Wildlife Department as an endangered or threatened species.  The term does not include a nonindigenous mammal located on publicly owned land.
                        (5)  "Exotic fowl" means any avian species that is not indigenous to this state.  The term includes ratites but does not include a bird defined by Section 64.001, Parks and Wildlife Code, as a game bird or any other indigenous bird regulated by the Parks and Wildlife Department as an endangered or threatened species.  The term does not include nonindigenous birds located on publicly owned land.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 203, Sec. 1, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.

Sec. 142.002.  RIGHTS OF OCCUPANT OTHER THAN OWNER.  A person has the rights of an owner of property under this chapter if he is a part owner, a lessee, an occupant, or a caretaker of land or premises, but an owner and an occupant of the same property may not recover for the same damage.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.0021.  OWNERSHIP OF EXOTIC WILDLIFE AND FOWL.  A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.

Added by Acts 1993, 73rd Leg., ch. 203, Sec. 2, eff. Sept. 1, 1993.

Sec. 142.003.  DISCOVERY OF ESTRAY;  NOTICE. 
            (a)  If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
            (b)  After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
            (c)  After receiving a report under Subsection (a) of this section that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or his designee determines that the estray is dangerous to the public, he may immediately impound the estray without notifying the owner.  If the owner does not immediately remove the estray, the sheriff or the sheriff's designee shall proceed with the impoundment process prescribed by Section 142.009 of this code.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.004.  REDEMPTION. 
            (a)  The owner of the estray may redeem the estray from the owner or occupant of private property by the payment of fees and damages as provided by this chapter.
            (b)  If the owner of the estray does not redeem the estray within a reasonable time after notification, the sheriff or the sheriff's designee shall, at the request of the property owner, proceed immediately with the impoundment process prescribed by Section 142.009 of this code.  During that period, the estray may not be used for any purpose by the owner or occupant of the property.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.005.  COLLECTION FEE. 
            (a)  If the sheriff or the sheriff's designee is present at the time of the collection of the estray, the sheriff or the sheriff's designee may require the owner of the estray to pay before the estray is removed a collection fee in an amount set by the sheriff not to exceed $25.
            (b)  A person who disagrees with the amount of the fee set by the sheriff under Subsection (a) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.006.  AMOUNT OF REDEMPTION PAYMENT. 
            (a)  A person on whose property an estray is found is entitled to receive from the owner of the estray the payment of a reasonable amount for maintenance and damages, if the original notice of the discovery of the estray was given to the sheriff not later than the fifth day after the date of discovery.
            (b)  The owner of the property may:
                        (1)  accept payment in an agreed amount from the owner of the estray;  or
                        (2)  file a petition under Section 142.007 of this code in the justice court having jurisdiction and have the amount of the payment determined by the justice of the peace.
            (c)  If the owner of the property files a petition under Subdivision (2) of Subsection (b) of this section, the owner of the estray is entitled to remove the estray.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.007.  JUSTICE COURT PETITION.  A petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee must contain the following information:
                        (1)  the name of the owner of the estray;  
                        (2)  a description of the estray;
                        (3)  the number of days the estray was trespassing;
                        (4)  the name of the owner of the property;
                        (5)  the purpose for which the land on which the trespass occurred is used;  and
                        (6)  a statement that the estray owner and the property owner are unable to agree on the amount of the
                               payment.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.008.  APPEAL OF COURT AWARD. 
            (a)  If either the owner of the estray or the owner of the property disagrees with a justice's assessment of the payment amount under Subdivision (2) of Subsection (b) of Section 142.006 of this code or the payment amount under Subsection (b) of Section 142.005 of this code, the amount in question shall be finally determined according to the procedure prescribed by this section.
            (b)  The complainant begins the appeal by filing a petition that gives the information listed in Section 142.007 of this
                   code.
            (c)  The justice of the peace shall appoint three disinterested persons familiar with livestock and agriculture who reside in the county as special commissioners to determine the amount owed, if any, to the owner of the property or the sheriff, taking into account the time of the notice of discovery given by the property owner.
            (d)  At the request of the special commissioners for their proceedings, the justice of the peace may compel the attendance of witnesses and the production of testimony, administer oaths, and punish for contempt.  The commissioners' decision as to the amount of any payment is final.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.009.  IMPOUNDMENT OF ESTRAY.
            (a)  The sheriff or the sheriff's designee shall impound an estray and hold it for disposition as provided by this chapter
                    if:
                        (1)  the owner of the estray is unknown;
                        (2)  the sheriff or the sheriff's designee is unable to notify the owner;
                        (3)  the estray is dangerous to the public;
                        (4)  the estray is located on public property and after notification is not immediately removed by the owner;
                               or
                        (5)  the estray is located on private property and is not redeemed within a reasonable time after notification.
            (b)  After impounding an estray, the sheriff or sheriff's designee shall prepare a notice of estray stating at least:
                        (1)  the name and address of the person who reported the estray to the sheriff;
                        (2)  the location of the estray when found;
                        (3)  the location of the estray until disposition;  and
                        (4)  a description of the animal, including its breed, if known, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics.
            (c)  The sheriff or sheriff's designee shall file each notice of estray in the estray records in the office of the county clerk.
            (d)  If the owner of the estray is unknown, the sheriff or the sheriff's designee shall make a diligent search for the identity of the owner of the estray, including a search in the county register of recorded brands, if the animal has an identifiable brand.  If the search does not reveal the owner, the sheriff shall advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the 15 days after the date of impoundment and shall post a notice of the impoundment on the public notice board of the courthouse.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.010.  RECOVERY OF IMPOUNDED ESTRAY BY OWNER. 
            (a)  The owner of an estray may recover possession of the estray at any time before the estray is sold under this chapter if:
                        (1)  the owner has provided the sheriff or the sheriff's designee with an affidavit of ownership under this
                               section;
                        (2)  the sheriff or the sheriff's designee has approved the affidavit of ownership;
                        (3)  the approved affidavit of ownership has been filed in the estray records of the county clerk;
                        (4)  the owner has paid all estray handling expenses under this section;
                        (5)  the owner has executed an affidavit of receipt of estray under this section and delivered it to the sheriff;
                               and
                        (6)  the sheriff has filed the affidavit of receipt of estray in the estray records of the county clerk.
            (b)  An affidavit of ownership must contain at least the following information:
                        (1)  the name and address of the owner  
                        (2)  the date the owner discovered that the animal was an estray;
                        (3)  the property from which the animal strayed;
                        (4)  a description of the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics;  and
                        (5)  a sworn statement that the affiant is the owner or caretaker of the animal.
            (c)  The owner of the estray shall pay the expenses incurred by a person or by a sheriff, sheriff's designee, or the county in impounding, handling, seeking the owner of, or selling the estray.  The sheriff is also entitled to a collection fee as provided by Section 142.005 of this code.  The total amount of the payment is determined by the sheriff.
            d)  A person who disagrees with the amount of the payment set by the sheriff in Subsection (c) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
            (e)  An affidavit of receipt of estray must contain at least the following information:
                        (1)  the name and address of the person receiving the estray;
                        (2)  the date of receipt of the estray;
                        (3)  the method of claim to the estray, either previous owner or purchaser at sale;
                        (4)  if purchased at sale, the amount of the gross purchase price of the estray;
                        (5)  the estray handling expenses paid;  and
                        (6)  the net proceeds of any sale of the estray.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.011.  USE OF ESTRAY.  During the period an estray is held by the sheriff, the estray may not be used for any purpose.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.012.  ESCAPE OR DEATH OF IMPOUNDED ESTRAY.  If the animal dies or escapes while impounded, the sheriff shall make a written report of the death or escape and file the report with the county clerk for placement in the county estray records.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.

Sec. 142.013.  DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.  
          (a)  If the ownership of an estray is not determined before the third day after the date of the final advertisement under this chapter or if the estray is not redeemed before the 18th day after the date of impoundment, the county has title to the estray and the sheriff shall, except as provided by Subsection (e), cause the estray to be sold at a sheriff's sale or public auction licensed by the United States Department of Agriculture.  Title to the estray is considered vested in the sheriff or the sheriff's designee for purposes of passing good title, free and clear of all claims, to the purchaser at the sale or for the purposes of Subsection (e).
          (b)  The sheriff shall receive the proceeds of the sale and shall allocate those proceeds in the following order of priority:
                 (1)  payment of the expenses of sale;
                 (2)  payment of the impoundment fee and other charges due the sheriff;  and
                 (3)  if applicable, payment of any amount for maintenance and damages due the owners of the private property from which the estray was impounded.
          (c)  The sheriff shall execute a report of sale of impounded livestock and file the report in the estray records of the county clerk.
          (d)  If there are sale proceeds remaining from the sale of an impounded estray after all expenses have been paid, the sheriff shall pay the balance to the owner, if known.  If the owner is still unknown, the sheriff shall pay the balance to the county official charged with collecting and disbursing county funds, who shall deposit any payment received to the credit of the jury fund of the county for the uses made of that fund, subject to claim by the original owner of the estray.
          (e)  If a sheriff determines that the sale of an estray under this section is unlikely to generate sufficient proceeds to cover the expense of the sale, the sheriff may, instead of selling the estray:
                (1)  donate the estray to a nonprofit organization;  or
                (2)  retain the estray and use it for county purposes.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 1329, Sec. 1, 2, eff. Sept. 1, 1999.

Sec. 142.014.  RECOVERY BY OWNER OF PROCEEDS OF SALE.  Within one year after the date of sale of an estray under this chapter, the original owner of the estray may recover the net proceeds of the sale if:
            (1)  the owner has provided the sheriff with an affidavit of ownership containing the information prescribed by Subsection (b) of Section 142.010 of this code;
            (2)  the sheriff has approved the affidavit;
            (3)  the approved affidavit has been filed in the estray records of the county clerk;  and
            (4)  the sheriff has signed a county voucher directing the payment.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987

Subchapter A. Fencing of Cultivated Land

Sec. 143.001. Sufficient Fence Required. Except as provided by this chapter for an area in which a local option stock law has been adopted, each gardener or farmer shall make a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.

Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.002. Gate. A person may not build, join, or maintain around cleared land in cultivation more than three miles lineal measure of fence running the same general direction without a gate that is at least 10 feet wide and is unlocked.

Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Subchapter B. Local Option To Prevent Certain Animals from Running at Large

Sec. 143.021.  PETITION FOR ELECTION. 
            (a)  In accordance with this section, the freeholders of a county or an area within a county may petition the commissions court to conduct an election for the purpose of determining if horses, mules, jacks, jennets, donkeys, hogs, sheep, or goats are to be permitted to run at large in the county or area.
            (b)  A petition for a countywide election must be signed by at least 50 freeholders.  Except as otherwise provided by Subsection (c) of this section, a petition for an election in an area within a county must be signed by at least 20 freeholders.
            (c)  A petition for an election in an area may be signed by a majority of the freeholders in the area if the area has fewer than 50 freeholders and is between two areas of the county that have previously adopted this subchapter or is adjacent to another area, in that county or another county, that has adopted this subchapter.  If the petitioning area is adjacent to an area in another county, the freeholders shall petition the commissioners court of the county in which the petitioning area is located.
            (d)  The petition must:
                   (1)  clearly state each class of animal that the petitioners seek to prohibit from running at large;  and
                   (2)  describe the boundaries of the area in which the election is to be held, if the election is to be less than countywide.

Acts 1981, 67th Leg., p. 1340, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.022.  ELECTION ORDERS. 
           (a)  After receiving a petition under this subchapter, the commissioners court at its next regular term shall order that an election be held throughout the county or in the petitioning area, as determined by the petition.  The order shall designate a date for the election that is not less than 30 days after the date of the order.
             (b)  Immediately after passage of a commissioners court order for an election, the county judge shall issue an order for the election that specifies:
                   (1)  the petition and the action of the commissioners court;
                   (2)  each class of animal that is not to be permitted to run at large;
                   (3)  the territorial limits of the area to be affected;
                   (4)  the date of the election;  and
                   (5)  the location of the polls.
              (c)  The county judge shall give public notice of the election by publishing the order under Subsection (b) of this section in a newspaper published in the county.  If no newspaper is published in the county, a copy of the order shall be posted at the courthouse door and at a public place in each justice precinct for a countywide election or at three public places in the petitioning area for an election to be held in an area of the county.  Notice must be given for at least 30 days before the date of the election.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.023.  ELECTION. 
            (a)  If the election is not countywide, the county judge at the time the election order is issued shall appoint election officers for the election.  In order to serve as an election officer, a person must be a freeholder of the county and a qualified voter.  The election officers may appoint their own clerks.
            (b)  If the election is countywide, it shall be held at the usual voting places in the election precincts.  If the election is not countywide, the county judge shall designate the particular places in the petitioning area at which the polls are to be open.
            (c)  In order to vote at an election, a person must be a freeholder and a qualified voter.
            (d)  Ballots for the election shall be printed to provide for voting for or against the proposition, "Letting ______ run at large," with the blank space printed with the name of each animal designated in the election order.
             (e)  The election officers shall make returns to the county judge of all votes cast for each proposition not later than the 10th day after the day of the election.  The commissioners court shall open, tabulate, and count the returns in the manner provided for general elections in this state.  The county judge shall immediately issue a proclamation declaring the result and post the proclamation at the courthouse door.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.024.  EFFECT OF ELECTION;  ADOPTION OF SUBCHAPTER. 
            (a)  If a majority of the votes in an election are cast against the proposition, this subchapter is adopted and, after the 30th day following the date on which the proclamation of results is issued, a person may not permit any animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.
            (b)  Sections 143.028-143.034 of this code apply only in the county or area in which this subchapter has been adopted.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.025.  SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER. 
            (a)  Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, another election for that purpose may not be held in the county or area in which the election was held earlier than one year after the date of the election.
            (b)  Defeat of adoption of this subchapter at a countywide election does not prevent another election for that purpose from being held immediately thereafter for an area within the county.  Defeat of adoption of this subchapter at an election held in an area within a county does not prevent a countywide election for that purpose from being held immediately thereafter.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.

 Sec.143.026. REPEAL
            (a)  The freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners court to conduct an election for repeal of that adoption.  The petition must be signed by a majority of the freeholders who are qualified voters in the county or area subject to this subchapter.
            (b)  An election under this section shall be ordered and conducted, the returns shall be made, and the results shall be declared in the same manner provided by this subchapter for an election to adopt this subchapter.
            (c)  An election under this section may not be held earlier than two years after the date of the last election under this subchapter in the applicable county or area.
            (d)  If at an election under this section a majority of the votes are cast for allowing the named animals to run at large, after the expiration of 180 days after the date of the proclamation of results a person may permit an animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.  If a majority of the votes are cast against letting the named animals run at large, the operation of this subchapter in the county or area is not affected.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.027.  EXTENSION OF SUBCHAPTER TO ADJOINING AREA BY ORDER.  A commissioners court by order shall extend application of this subchapter to territory that is between two areas of the county that have adopted this subchapter or is adjacent to an area, in that county or in another county, that has adopted this subchapter if:
            (1)  there are fewer than 20 freeholders in the territory and a majority of the owners of the land in the territory petition the court to extend application of this subchapter to that area;
            (2)  there are no freeholders in the territory and the owners of the land petition the commissioners court to extend application of this subchapter to that territory;  or
            (3)  a person who owns land that is adjacent to land to which this subchapter has been extended petitions the court to extend application of this subchapter to that person's land.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.028.  FENCES.
            (a)  A person is not required to fence against animals that are not permitted to run at large.  Except as otherwise provided by this section, a fence is sufficient for purposes of this chapter if it is sufficient to keep out ordinary livestock permitted to run at large.
            (b)  In order to be sufficient, a fence must be at least four feet high and comply with the following requirements:
                   (1)  a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts;
                   (2)  a picket fence must consist of pickets that are not more than six inches apart;
                   (3)  a board fence must consist of three boards not less than five inches wide and one inch thick;  and
                   (4)  a rail fence must consist of four rails.
            (c)  The freeholders of the county or area may petition the commissioners court for an election to determine whether three barbed wires without a board are to constitute a sufficient fence in the county or area.  The election shall be conducted in the same manner and is governed by the same provisions of this subchapter provided for elections on the adoption of this subchapter.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.033.  INJURY TO TRESPASSING ANIMAL.  If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, or jennet, or procures the maiming, wounding, or killing of one of those animals, by any means, including a gun or a dog, the person is liable to the owner of the animal for damages.  This section does not authorize a person to maim, wound, or kill any horse, mule, jack, jennet, or head of cattle of another person.

Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.034.  PENALTY. 
            (a)  A person commits an offense if the person knowingly:
                  (1)  turns out or causes to be turned out on land that does not belong to or is not under the control of the person an animal that is prohibited from running at large under this subchapter;
                  (2)  fails or refuses to keep up an animal that is prohibited from running at large under this subchapter;
                  (3)  allows an animal to trespass on the land of another in an area or county in which the animal is prohibited from running at large under this subchapter;  or
                  (4)  as owner, agent, or person in control of the animal, permits an animal to run at large in an area or county in which the animal is prohibited from running at large under this subchapter.
            (b)  An offense under this section is a Class C misdemeanor.

Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 2, eff. Sept. 1, 1987.

SUBCHAPTER C. Local Option Limited Free Range for Hogs

            Sec. 143.051.  PETITION FOR ELECTION. 
            (a)  The freeholders of a county or an area that has adopted Subchapter B of this chapter or the freeholders of an area that is between two areas of a county that have adopted Subchapter B of this chapter may petition the commissioners court to conduct an election for the purpose of determining whether hogs are to be permitted to run at large in the county or area for a period beginning on November 15 of each year and ending on February 15 of the following year.
            (b)  A petition for a countywide election must be signed by at least 50 freeholders.  A petition for an election in an area of a county that has adopted Subchapter B of this chapter must be signed by at least 20 freeholders.  A petition for an election in an area that is between two areas that have adopted Subchapter B of this chapter and in which there are fewer than 50 freeholders must be signed by a majority of the freeholders in the area.
            (c)  If the election is to be less than countywide, the petition must describe the boundaries of the area in which the election is to be held in the same manner as the description provided for the election on adoption of Subchapter B of this chapter.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.052.  ELECTION ORDERS. 
            (a)  After receiving a petition under this subchapter, the commissioners court shall order an election to be held throughout the county or in the petitioning area, as determined by the petition.  The order may be entered at a regular or special meeting of the court and shall designate a date for the election that is not less than 30 days after the date of the order.
            (b)  Immediately after passage of a commissioners court order for an election, the county judge shall issue an order for the election that specifies:
                  (1)  the petition and action of the commissioners court;
                  (2)  the classes of animals that are to be allowed a limited period of free range;
                  (3)  the period in which the animals are to have free range;
                  (4)  the territorial limits of the area to be affected;
                  (5)  the day of the election;  and
                  (6)  the location of the polls.
            (c)  The county judge shall give public notice of the election in the manner provided by Section 143.022 of this code for an election on the adoption of Subchapter B of this chapter.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.053.  ELECTION. 
            (a)  Except as provided by this section, the election shall be conducted, the returns made, and the results declared in accordance with Section 143.023 of this code and the laws regulating general elections.
            (b)  The ballots for the election shall be printed to provide for voting for or against the proposition, "The limited period of free range for hogs."

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.054.  EFFECT OF ELECTION.  If a majority of the votes cast are for the limited period of free range for hogs, after the 10th day following the date on which the proclamation is issued a person may permit hogs to run at large in the county or area in which the election was held during the period beginning on November 15 of each year and ending on February 15 of the following year.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.055.  SUBSEQUENT ELECTIONS TO ADOPT OR REPEAL FREE RANGE.
            (a)  Except as provided by Subsection (b) of this section, if an election is held under this subchapter another election for the purpose of adopting or repealing the limited period of free range may not be held in that county or area within two years after the date of the election.
            (b)  If the limited period of free range is defeated at a countywide election, this section does not prohibit another election on the proposition from being held immediately thereafter for an area within the county.  If the limited period of free range is defeated at an election in an area within a county, no other election covering that area may be held except an election in the same area, which must be held at least one year after the prior election.
            (c)  If at a subsequent election in a county or area that has adopted the limited period of free range the majority of votes are cast against the proposition, the limited period of free range is repealed and a person may not permit hogs to run at large in that county or area effective on the 11th day following the day on which the proclamation is issued.  If the majority of the votes are cast for the proposition, the operation of the limited period of free range is not affected.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.056.  COMBINED ELECTIONS.  An election under this subchapter may be held at the same time as an election under Subchapter B of this chapter, but the propositions must be submitted and voted on as separate issues and the returns and proclamations of results must be separate for each proposition.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.

SUBCHAPTER D. Local Option To Prevent Cattle or Domestic Turkeys at Large

Sec. 143.071.  PETITION FOR ELECTION.  
            (a)  In accordance with this section, the freeholders of a county or an area within a county may petition commissioners court to conduct an election for the purpose of determining if cattle are to be permitted to run at large in the county or area.
            (b)  The freeholders of any political subdivision of Bastrop, Blanco, Clay, Collin, DeWitt, Gonzales, Gillespie, Guadalupe, Parker, or Wise County may petition the commissioners court to conduct an election in the subdivision for the purpose of determining if domestic turkeys are to be permitted to run at large in the subdivision.
            (c)  A petition for a countywide election on the running at large of cattle must be signed by at least 35 freeholders.  Except as provided by Subsection (d) of this section, a petition for an election on the running at large of cattle in an area within a county must be signed by at least 15 freeholders.  A petition for an election on the running at large of domestic turkeys must be signed by at least 25 freeholders.
            (d)  A petition for an election in an area may be signed by a majority of the freeholders in the area if the area has fewer than 50 freeholders and is between two areas of the county that have previously adopted this subchapter.
            (e)  A petition must:
                  (1)  clearly state each class of animal that the petitioners seek to prohibit from running at large;  and
                  (2)  describe the boundaries of the area in which the election is to be held, if the election is to be less than countywide.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.072.  EXCEPTIONS;  COUNTYWIDE ELECTIONS.  The following counties may not conduct a countywide election on the running at large of cattle:  Andrews, Coke, Culberson, Hardin, Hemphill, Hudspeth, Jasper, Jefferson, Kenedy, Kinney, LaSalle, Loving, Motley, Newton, Presidio, Roberts, Schleicher, Terry, Tyler, Upton, Wharton, or Yoakum.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.073.  ELECTION.  
            (a)  Except as provided by this section, the election is governed by Sections 143.022 and 143.023 of this code.
            (b)  The ballot shall be printed to provide for voting for or against the proposition:  "Adoption of the stock law."
            (c)  The county judge shall open, tabulate, and count the returns in the presence of the county clerk and at least one justice of the peace of the county or in the presence of at least two respectable freeholders of the county.  Following that, an order showing the results of the election shall be recorded in the minutes of the commissioners court.  The order is prima facie evidence that the requirements of this chapter have been complied with in relation to presenting the petition, ordering the election by the commissioners court, giving notice, holding the election, counting and returning votes, and declaring the results.  If the result is in favor of the proposition, after the expiration of 30 days after the date of the order, the order is prima facie evidence that the proclamation required by law has been made and published.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.074.  EFFECT OF ELECTION;  ADOPTION OF SUBCHAPTER.  
            (a)  If a majority of the votes cast in an election are for the proposition, this subchapter is adopted and, after the 30th day following the date on which the proclamation of results is issued, a person may not permit any animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.
            (b)  Sections 143.077-143.082 of this code apply only in a county or area in which this subchapter has been adopted.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.075.  SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER.
            (a)  Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, no other election for that purpose may be held in the county or area in which the election was held within one year after the date of the election.
            (b)  If adoption of this subchapter is defeated at a countywide election, this section does not prohibit another election on the proposition from being held immediately thereafter for an area within the county.  If adoption of this subchapter is defeated at an election in an area within a county, no other election covering that area may be held except an election in the same area, which must be held at least one year after the prior election.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.076.  REPEAL.  
            (a)  In accordance with this section, the freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners court to conduct an election for repeal of that adoption.
            (b)  A petition for a countywide election must be signed by at least 200 freeholders of the county, including 24 freeholders from each justice precinct.  A petition for an election in an area within a county must be signed by at least 50 freeholders of the area.
            (c)  Except as provided by this section, the election is governed by the provisions of this subchapter relating to the original election.
            (d)  If this subchapter has been adopted for the entire county, it may not be repealed for an area within the county unless two-thirds of the votes cast at a countywide election favor repeal for that area.

Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.077.  FENCES.  A fence is sufficient for purposes of this chapter if it is sufficient to keep out the classes of animals not affected by this subchapter.

Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.082.  PENALTY.  
            (a)  A person commits an offense if the person knowingly permits a head of cattle or a domestic turkey to run at large in a county or area that has adopted this subchapter.
            (b)  An offense under this section is a Class C misdemeanor.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 3, eff. Sept. 1, 1987.

SUBCHAPTER E. Animals Running at Large on Highways

            Sec. 143.101.  DEFINITION.  In this subchapter, "highway" means a U.S. highway or a state highway in this state, but does not include a numbered farm-to-market road.  The term includes the portion of Recreation Road Number 255 that is located in Newton County between State Highway Number 87 and the boundary line with Jasper County.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 380, Sec. 1, eff. Aug. 31, 1987.

Sec. 143.102.  RUNNING AT LARGE ON HIGHWAY PROHIBITED.  A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.103.  IMMUNITY FROM LIABILITY.  A person whose vehicle strikes, kills, injures, or damages an unattended animal running at large on a highway is not liable for damages to the animal except as a finding of:
                  (1)  gross negligence in the operation of the vehicle;  or
                  (2)  willful intent to strike, kill, injure, or damage the animal.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.104.  HERDING OF LIVESTOCK ALONG HIGHWAY.  This subchapter does not prevent the movement of livestock from one location to another by herding, leading, or driving the livestock on, along, or across a highway.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.106.  ENFORCEMENT.  Each state highway patrolman or county or local law enforcement officer shall enforce this subchapter and may enforce it without the use of a written warrant.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.107.  CONFLICT WITH OTHER LAW.  This subchapter prevails to the extent of any conflict with another provision of this chapter.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.108.  PENALTY.  
            (a)  A person commits an offense if the person violates Section 143.102 of this code.
            (b)  An offense under this section is a Class C misdemeanor.
            (c)  A person commits a separate offense for each day that an animal is permitted to roam at large in violation of Section 143.102 of this code.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 4, eff. Sept. 1, 1987.

SUBCHAPTER F: Removal of Adjoining Fences

Sec. 143.121.  PROHIBITION.  Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is:
                  (1)  a separating or dividing fence in which the person is a joint owner;  or
                  (2)  attached to a fence owned or controlled by another person.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.122.  REMOVAL OF FENCE BY OWNER.  A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation.  The notice must be in writing and given to the owner of the attached fence or to that person's agent, attorney, or lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 143.123.  REQUIRING REMOVAL OF FENCE BY ANOTHER PERSON.  A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached fence to disconnect and withdraw the attached fence by giving six months' notice of the required disconnection.  The notice must be in writing and given to the owner of the attached fence or that person's agent, attorney, or lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Chapter 144. Marks and Brands

Subchapter A. General Provisions

§ 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, or electronic devices differing 
from the earmarks, brands, tattoos, and electronic devices 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, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1997, 75th Leg., ch. 780, § 2, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 368, § 1, eff. Sept. 1, 2003.


§ 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, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1997, 75th Leg., ch. 780, § 3, eff. Sept. 1, 
1997.


§ 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, § 1, eff. Sept. 1, 1981.           

Subchapter C. Recording of Marks and Brands

§ 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, and electronic devices 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 keep a record of the marks and 
brands of each person who applies to the clerk for that purpose.
	(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 forward a copy of the record to the association 
authorized to inspect livestock under 7 U.S.C. Section 217a.

Acts 1981, 67th Leg., p. 1358, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1997, 75th Leg., ch. 780, § 4, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 368, § 2, eff. Sept. 1, 2003.


§ 144.042.  RECORDING.  In recording a mark, electronic 
device, tattoo, or brand, the county clerk shall note the date on 
which the mark, electronic device, tattoo, or brand is recorded.  In 
addition, the person recording a mark, electronic device, tattoo, 
or brand shall designate the part of the animal on which the mark, 
electronic device, tattoo, or brand is to be placed and the clerk 
shall include that in the records.

Acts 1981, 67th Leg., p. 1359, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 2003, 78th Leg., ch. 368, § 3, eff. Sept. 1, 
2003.


§ 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, § 1, eff. Sept. 1, 1981.           


§ 144.044.  RERECORDING.  (a)  Not later than six months 
after August 30 of 1981 and of every 10th year thereafter, each 
person who owns livestock mentioned in this chapter shall have that 
person's marks and brands recorded 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 forward a copy of the record to the association 
authorized to inspect livestock under 7 U.S.C. Section 217a.

Acts 1981, 67th Leg., p. 1359, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 2003, 78th Leg., ch. 368, § 4, eff. Sept. 1, 
2003.

Subchapter E. Registration of Animal Tattoo Marks

§ 144.101.  DEFINITION.  In this subchapter, "director"
means the director of the Department of Public Safety.

Acts 1981, 67th Leg., p. 1360, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.102.  RIGHT TO REGISTER.  In accordance with this
subchapter, a person who owns one or more horses, hogs, dogs, sheep,
or goats in this state is entitled to register for exclusive use any
tattoo mark or other generally accepted identification method that
is not previously recorded.

Acts 1981, 67th Leg., p. 1360, ch. 388, § 1, eff. Sept. 1, 1981. 
Amended by Acts 1997, 75th Leg., ch. 780, § 5, eff. Sept. 1,
1997.


§ 144.103.  DEPARTMENT OF PUBLIC SAFETY TO ADMINISTER. The Department of
Public Safety shall administer this subchapter under the supervision
of the director of that department.

Acts 1981, 67th Leg., p. 1360, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.104.  APPLICATION FOR REGISTRATION.
        (a)  A person shall apply to the director for registration of a tattoo mark.  The
application must be signed by the applicant or the applicant's agent and show:
         (1)  the applicant's place of residence;                                     
         (2)  the applicant's citizenship;                                            
         (3)  the location of the livestock owned by the applicant;                 
         (4)  the kinds of livestock owned by the applicant;  and                     
         (5)  the place or part of the animal on which the tattoo mark is to be placed.
      (b)  An application for registration of a tattoo mark must
have attached a drawing of the tattoo mark for which registration is
sought.  The drawing must be signed by the applicant or the
applicant's agent and must comply with the requirements of the
director.  The applicant shall furnish as many copies of the drawing
as required by the director.

Acts 1981, 67th Leg., p. 1360, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.105.  CERTIFICATE OF REGISTRATION.  The director
shall examine or cause to be examined each application for
registration and shall immediately issue a certificate of
registration after determining that there is satisfactory evidence
that the registration should be made.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.106.  PROTEST OF REGISTRATION. 
          (a)  A person who would be damaged by the issuance of a certificate
of registration director.  The notice must be sworn to and filed not later than the
20th day after the date on which the protested application for registration is filed.
In addition, the notice must state the grounds for the protest.
        (b)  After receiving a notice of protest, the director shall
conduct hearings and take other steps necessary to determine
whether the application for registration should be granted or
denied.  Except as provided by Subsection (c) of this section, the
decision of the director is final and the director must provide
reasons for the decision.
        (c)  If the director abuses discretion, the contestant may
appeal the decision of the director to a district court of the
county in which the contestant resides.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.107.  EFFECT OF REGISTRATION.  The registration of
a tattoo mark under this subchapter creates an exclusive right to
use that mark in this state.  In a criminal or civil action in a
court of this state, a registered tattoo mark is prima facie
evidence of the ownership of the tattooed livestock.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.108.  FILING WITH COUNTY CLERK.  The director shall
forward a certified copy of each registration to the county clerk of
the county of the applicant's residence.  The county clerk shall
file the certificate in records maintained for that purpose.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.109.  ASSIGNMENT OF REGISTERED TATTOO MARK. 
        (a)  A certificate of registration and the exclusive right
to use a tattoo mark may be assigned in connection with the goodwill
of a ranch, farm, or other business in which the tattoo mark is used
if written notice of the assignment, sworn to by the assignor, is
filed with the director.
      (b)  A certificate of registration and the exclusive right to
use a tattoo mark may not be assigned except as provided by this
section.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.110.  FEES.
        (a)  Each person who registers,
assigns, or protests the registration of a tattoo mark shall pay the
following appropriate fee to the director at the time the
application, notice of assignment, or notice of protest is filed:
        (1)  $5 for an application for registration;                                 
        (2)  $1 for a notice of assignment;  or                                      
        (3)  $10 for a notice of protest.                                            
      (b)  A person whose registered tattoo mark is recorded with
the county clerk shall pay the clerk a filing fee of 25 cents.
      (c)  The director shall remit all fees collected under this
subchapter by the director to the comptroller of public accounts,
who shall deposit the fees in the treasury to the credit of a
special fund known as the livestock tattoo fund.  That fund may be
used only in the administration of this subchapter, but the
legislature may appropriate general revenue funds for that purpose.

Acts 1981, 67th Leg., p. 1361, ch. 388, § 1, eff. Sept. 1, 1981.        

Subchapter F. Penalties

§ 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.

Acts 1981, 67th Leg., p. 1362, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.122.  ALTERING MARK OR BRAND. 
        (a)  A person commits an offense if the person alters or changes a mark or brand
on livestock owned or controlled by that person without first
having changed the recorded mark or brand.
      (b)  An offense under this section is a misdemeanor
punishable by a fine of not more than $500.

Acts 1981, 67th Leg., p. 1362, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.124.  IMPROPERLY RECORDING BRAND.
        (a)  A person
commits an offense if, as county clerk, the person records a brand
for which the person recording the brand fails to designate the part
of the animal on which the brand is to be placed.
      (b)  An offense under this section is a misdemeanor
punishable by a fine of not less than $10 nor more than $50.

Acts 1981, 67th Leg., p. 1362, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.125.  COUNTERBRANDING WITHOUT OWNER'S CONSENT.
        (a) A person commits an offense if the person violates
Section 144.074(c) of this code.
      (b)  An offense under this section is a misdemeanor
punishable by a fine of not less than $10 nor more than $50 for each
animal counterbranded.

Acts 1981, 67th Leg., p. 1362, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.127.  REPRODUCTION OR DESTRUCTION OF TATTOO MARK.
        (a)  A person commits an offense if the person, without the
consent of the owner, reproduces, counterfeits, copies, adds to,
takes from, imitates, destroys, or removes a registered tattoo mark
on livestock or aids in the commission of one of those acts.
      (b)  An offense under this section is a felony punishable by
imprisonment in the Texas Department of Corrections for not less
than 2 years nor more than 12 years.

Acts 1981, 67th Leg., p. 1362, ch. 388, § 1, eff. Sept. 1, 1981.          


§ 144.128. PURCHASE, SALE OR TRANSPORTATION OF TATTOOED LIVESTOCK WITHOUT CONSENT.
        (a)  A person commits an offense if the person:
           (1)  without consent of the owner, buys, sells, or
barters, for that person or another person, any livestock on which a
registered tattoo mark has been placed;
           (2)  without consent of the owner, transports over the
highways of this state any livestock on which a registered tattoo
mark has been placed;  or
            (3)  aids in the commission of an act under Subdivision
(1) or (2) of this subsection.
      (b)  An offense under this section is a felony punishable by
imprisonment in the Texas Department of Corrections for not less
than 2 years nor more than 12 years.

Acts 1981, 67th Leg., p. 1363, ch. 388, § 1, eff. Sept. 1, 1981.