CHAPTER 148. SLAUGHTERING OF LIVESTOCK - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE B. LIVESTOCK

CHAPTER 148. SLAUGHTERING OF LIVESTOCK

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 148.001. DEFINITION. In this chapter, "slaughterer" means

a person engaged in the business of:

(1) slaughtering livestock for profit; or

(2) selling livestock, as a primary business, to be slaughtered

by the purchaser on premises owned or operated by the seller, in

a county with a population of one million or more.

Acts 1981, 67th Leg., p. 1385, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1993, 73rd Leg., ch. 308, Sec. 1, eff.

Sept. 1, 1993.

Sec. 148.002. SLAUGHTERER TO REGISTER. (a) Before engaging in

business as a slaughterer, a person must register with the county

clerk, giving the person's name and intent to engage in business

as a slaughterer.

(b) This section does not apply to a person who slaughters at

least 300 head of cattle a day.

Acts 1981, 67th Leg., p. 1385, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.003. SLAUGHTER OF UNBRANDED OR UNMARKED LIVESTOCK;

SLAUGHTER WITHOUT BILL OF SALE. (a) A slaughterer may not

purchase or slaughter for market livestock that is unmarked or

unbranded.

(b) A slaughterer may not purchase and slaughter any animal

without receiving a bill of sale or written transfer from the

person selling the livestock.

(c) This section does not apply to the slaughter of an animal

raised by the slaughterer.

Acts 1981, 67th Leg., p. 1385, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER B. RECORDS AND REPORTS

Sec. 148.011. RECORD OF PURCHASE AND SLAUGHTER. (a) In

accordance with this section, a slaughterer shall keep a record

of all livestock purchased or slaughtered. Both the slaughterer

and the person managing the slaughtering operations are

responsible for maintaining records under this section. A person

who owns or operates a locker plant and leases, rents, or

furnishes space to others in that plant for profit shall keep

records in accordance with this section as if that person were a

slaughterer.

(b) Each slaughterer shall record in a bound volume:

(1) a description of the livestock by kind, color, sex, probable

age, any marks and brands, and the location of any marks and

brands;

(2) the name and address of the person from whom the livestock

was purchased or acquired or for whom the livestock was

slaughtered;

(3) if the livestock is delivered to the slaughterer by someone

other than the slaughterer or the slaughterer's agent, the name

and address of the individual delivering the livestock and the

make, model, and license plate number of the vehicle in which the

livestock was delivered; and

(4) the date of delivery of the livestock to the slaughterer.

(c) The record must be prepared and made available to the Texas

Animal Health Commission and for public inspection within 24

hours after the slaughterer receives the livestock. The

slaughterer shall preserve the record for at least two years and

shall keep the record open for public inspection at all

reasonable hours.

(d) The Texas Animal Health Commission shall disseminate the

provisions of this section and Section 148.063 of this code to

interested persons. The commission shall carry out occasional

spot checks of places maintained by slaughterers in order to

determine if the provisions of this section are complied with.

Acts 1981, 67th Leg., p. 1385, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 1, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 780, Sec. 7, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 604, Sec. 3, eff. Sept. 1,

2003.

Sec. 148.012. REPORTS TO COUNTY. (a) At each regular meeting

of the county commissioners court, each slaughterer shall make a

sworn report relating to the animals slaughtered since the last

regular meeting of the court. The report must provide:

(1) the number of animals slaughtered;

(2) the color, age, sex, and marks and brands of each animal

slaughtered;

(3) a bill of sale or written conveyance for each animal

purchased for slaughter; and

(4) a notation of any slaughtered animals that were raised by

the slaughterer.

(b) The slaughterer shall file the report required by Subsection

(a) of this section with the county clerk.

(c) In addition to the report made under Subsection (a), a

slaughterer of cattle or horses shall file with the county clerk

a record showing:

(1) the marks, brands, and general description of the cattle or

horses;

(2) the names of the persons from whom the cattle or horses were

purchased;

(3) the date of purchase; and

(4) the county from which the cattle or horses were driven.

(d) The slaughterer shall file the record required by Subsection

(c) on the first day of each month with the county clerk of the

county where the cattle or horses were slaughtered. The clerk

shall copy the report into records maintained for that purpose

and return the original to the person recording the information.

Acts 1981, 67th Leg., p. 1386, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 24, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 780, Sec. 8, eff. Sept.

1, 1997.

SUBCHAPTER C. PAYMENT FOR LIVESTOCK PURCHASED FOR SLAUGHTER

Sec. 148.021. MEAT PROCESSOR. A person is a meat processor

subject to this subchapter if the person is engaged in the

business of slaughtering cattle, sheep, goats, or hogs and

processing or packaging them for sale as meat.

Acts 1981, 67th Leg., p. 1387, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.022. TIME AND METHOD OF PAYMENT FOR PURCHASES. (a)

Except as otherwise provided by this section or by agreement, a

meat processor, or any other person, who purchases cattle, sheep,

goats, or hogs for slaughter shall make payment for the livestock

by:

(1) cash or check for the purchase price actually delivered to

the seller or the seller's representative at the location where

the purchaser takes physical possession of the livestock and on

the day of the transaction; or

(2) wire transfer of funds on the business day on which

possession of the livestock is transferred.

(b) If transfer of possession of the livestock is accomplished

after normal banking hours, the purchaser shall make payment no

later than the close of the first business day following the

transfer of possession.

(c) If the livestock is purchased on the basis of grade and

yield, the purchaser shall make payment by wire transfer of funds

no later than the close of the first business day following

determination of the grade and yield.

Acts 1981, 67th Leg., p. 1387, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.023. AGREEMENT ON TIME AND METHOD OF PAYMENT. (a) The

purchaser and seller of cattle, sheep, goats, or hogs, or other

expressly authorized agents, may agree in writing on a method of

payment other than that provided by Section 148.022 of this code.

(b) An agreement under this section must state that it may be

canceled at any time by either party, after which payment must be

made in accordance with Section 148.022 of this code.

(c) An agreement may not alter any other requirement of this

subchapter.

Acts 1981, 67th Leg., p. 1387, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.024. DELAY IN COLLECTION OF PAYMENT INSTRUMENTS. An

instrument issued in payment for livestock under this subchapter

shall be drawn on banks that are so located as not to

artificially delay collection of funds through mail or otherwise

cause an undue lapse of time in the clearance process.

Acts 1981, 67th Leg., p. 1387, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.025. DAMAGES. A purchaser who fails to pay for

livestock as provided by this subchapter or who artificially

delays the collection of funds for the payment is liable to the

seller of the livestock for the purchase price and:

(1) damages in an amount equal to 12 percent of the purchase

price;

(2) interest on the purchase price at the highest legal rate

from the transfer of possession until payment is made in

accordance with this subchapter; and

(3) a reasonable attorney's fee for the prosecution of

collection of the payment.

Acts 1981, 67th Leg., p. 1387, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.026. LIEN. (a) To secure all or part of the sales

price, a person who sells cattle, sheep, goats, or hogs for

slaughter has a lien on each animal sold and on the carcass of

the animal, products from the animal, and proceeds from the sale

of the animal, its carcass, or its products.

(b) A lien under this section is attached and perfected on

delivery of the livestock to the purchaser without further

action. The lien continues as to the animal, its carcass, its

products, and the proceeds of any sale without regard to

possession by the party entitled to the lien.

Acts 1981, 67th Leg., p. 1388, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.027. COMMINGLING OF LIVESTOCK UNDER LIEN. (a) If an

animal, its carcass, or its products is under a lien and is

commingled with other livestock, carcasses, or products so that

the identity is lost, the lien extends to all of the commingled

animals, carcasses, or products as if the lien had been perfected

originally in all of them.

(b) Each lien extended under this section is on a parity with

any other lien extended under this section.

(c) A lien extended under this section is not enforceable

against a person without actual knowledge of the lien who

purchases one or more of the carcasses or products in the

ordinary course of trade or business from the party who

commingled the carcasses or products, nor against a subsequent

transferee from that purchaser, but is enforceable against the

proceeds of that sale.

Acts 1981, 67th Leg., p. 1388, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.028. PRIORITY OF LIEN. A lien under this subchapter

has priority over any other lien or perfected security interest

in the animal, its carcass, its products, or proceeds from the

sale of the animal, its carcass, or its products.

Acts 1981, 67th Leg., p. 1388, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.029. FEE FOR HORSES SOLD TO SLAUGHTERER. (a) A

slaughterer shall pay the following fees for each horse purchased

for slaughter:

(1) $2 to the Texas Agricultural Extension Service; and

(2) $3 to the department, agency, or association authorized and

designated by the secretary of agriculture of the United States

to inspect livestock in Texas under 7 U.S.C. Section 217a.

(b) The slaughterer shall remit the fees required by Subsection

(a) on a weekly basis.

Added by Acts 1997, 75th Leg., ch. 780, Sec. 9, eff. Sept. 1,

1997.

Sec. 148.030. INSPECTION OF HORSES SOLD THROUGH CERTAIN

SLAUGHTERHOUSES. The department, agency, or association

authorized to inspect livestock under 7 U.S.C. Section 217a shall

inspect for identification purposes each horse held, handled,

purchased, or sold through a slaughterhouse.

Added by Acts 1997, 75th Leg., ch. 780, Sec. 9, eff. Sept. 1,

1997.

SUBCHAPTER D. PROVISIONS APPLICABLE ONLY TO CERTAIN COUNTIES

Sec. 148.041. APPLICATION OF SUBCHAPTER. This subchapter does

not apply to the following counties: Anderson, Austin, Bandera,

Bastrop, Bell, Bexar, Blanco, Bowie, Brazos, Burleson, Caldwell,

Calhoun, Camp, Cass, Chambers, Cherokee, Clay, Collin, Colorado,

Comal, Comanche, Dallas, Delta, Denton, DeWitt, Ellis, Falls,

Fannin, Fayette, Franklin, Freestone, Galveston, Gillespie,

Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin,

Harris, Harrison, Hays, Henderson, Hill, Hopkins, Houston, Hunt,

Johnson, Karnes, Kaufman, Kendall, Kerr, Kimble, Lamar, Lavaca,

Lee, Leon, Liberty, Limestone, Llano, Madison, Marion, Mason,

McLennan, Milam, Montgomery, Morris, Nacogdoches, Navarro, Palo,

Pinto, Panola, Polk, Rains, Robertson, Rusk, Sabine, San

Augustine, San Jacinto, Shelby, Smith, Sutton, Tarrant, Titus,

Travis, Trinity, Upshur, Van Zandt, Walker, Waller, Washington,

Williamson, and Wood.

Acts 1981, 67th Leg., p. 1388, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.042. SLAUGHTERER'S BOND. (a) Before engaging in

business as a slaughterer of cattle, a person must file a bond

with the clerk of the county court of the county in which the

person is to conduct business. The bond is subject to approval by

the county judge and must be:

(1) in an amount not less than $200 nor more than $1,000;

(2) payable to the State of Texas; and

(3) conditioned that the slaughterer will comply with the

requirements of this subchapter.

(b) A district or county attorney of the county in which the

bond is filed may sue on the bond of a slaughterer who violates a

provision of this subchapter. Any sum recovered by suit on the

bond shall be deposited in the county treasury to the credit of

the available school fund.

Acts 1981, 67th Leg., p. 1388, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.043. RECORDS. (a) A slaughterer of cattle shall keep

a true and faithful record, in a book kept for that purpose, of

all cattle purchased or slaughtered, including:

(1) a description of each animal, including marks, brands, age,

color, and weight;

(2) the name of the person from whom the cattle were purchased;

and

(3) the date of each purchase.

(b) A slaughterer shall keep records under this section open for

public inspection at reasonable hours.

Acts 1981, 67th Leg., p. 1389, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.045. PURCHASE OF SLAUGHTERED CATTLE WITHOUT HIDE OR

EARS. A slaughterer may not purchase cattle that have been

slaughtered by another person if:

(1) the slaughtered animal is not accompanied by the hide and

ears; or

(2) the ear mark or brand on the hide accompanying a slaughtered

animal has been changed, mutilated, or destroyed.

Acts 1981, 67th Leg., p. 1389, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER E. PENALTIES

Sec. 148.061. FAILURE TO REGISTER. (a) A person required by

Section 148.002 of this code to register as a slaughterer commits

an offense if the person fails to register.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $5 nor more than $25.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.062. SLAUGHTER OF UNBRANDED OR UNMARKED LIVESTOCK;

SLAUGHTER WITHOUT BILL OF SALE. (a) A person commits an offense

if the person slaughters unbranded or unmarked livestock, or

purchases or slaughters an animal without receiving a bill of

sale or written transfer, in violation of Section 148.003 of this

code.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $300.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.063. FAILURE TO KEEP OR PROVIDE RECORDS OF PURCHASE OR

SLAUGHTER. (a) A person required to keep records of purchase or

slaughter by Section 148.011 of this code commits an offense if

the person violates that section.

(b) An offense under this section is a misdemeanor punishable by

a fine of not more than $200.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.064. FAILURE TO REPORT TO COUNTY. (a) A person

required by Section 148.012(a) of this code to file reports on

slaughtered animals with the county commits an offense if the

person fails to file a report as required by that section.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $300.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.065. FAILURE TO FILE BOND. (a) A person required by

Section 148.042 of this code to file a bond commits an offense if

the person engages in business as a slaughterer without filing

bond in accordance with that section.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $5 nor more than $200.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.066. FAILURE TO KEEP OR PERMIT INSPECTION OF RECORDS.

(a) A person required by Section 148.043 of this code to keep

records commits an offense if the person:

(1) fails to keep records as required by that section; or

(2) refuses to permit inspection of those records at reasonable

hours.

(b) An offense under Subsection (a)(1) of this section is a

misdemeanor punishable by a fine of not less than $20 nor more

than $200.

(c) An offense under Subsection (a)(2) of this section is a

misdemeanor punishable by a fine of not more than $25.

Acts 1981, 67th Leg., p. 1390, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 148.069. PURCHASE OF SLAUGHTERED CATTLE WITHOUT HIDE OR

EARS. (a) A person commits an offense if the person purchases

slaughtered cattle in violation of Section 148.045 of this code.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $200.

Acts 1981, 67th Leg., p. 1391, ch. 388, Sec. 1, eff. Sept. 1,

1981.