CHAPTER 144. MARKS AND BRANDS - Texas Statutes

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, 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, 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.

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, 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.

(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.

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, Sec. 9.21, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 368, Sec. 3, eff.

Sept. 1, 2003.

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

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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 368, Sec. 4, eff.

Sept. 1, 2003.

SUBCHAPTER E. REGISTRATION OF ANIMAL TATTOO MARKS

Sec. 144.101. DEFINITION. In this subchapter, "director" means

the director of the Department of Public Safety.

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

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1997, 75th Leg., ch. 780, Sec. 5, eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 144.106. PROTEST OF REGISTRATION. (a) A person who would

be damaged by the issuance of a certificate of registration may

file a written notice of protest of that issuance with the

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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

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.

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

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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, Sec. 1, eff. Sept. 1,

1981.

Sec. 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 Criminal Justice for not

less than 2 years nor more than 12 years.

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

1981.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.001, eff. September 1, 2009.

Sec. 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 Criminal Justice for not

less than 2 years nor more than 12 years.

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

1981.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.002, eff. September 1, 2009.