2005 Texas Agriculture Code CHAPTER 144. MARKS AND BRANDS

AGRICULTURE CODE

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 
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, § 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.