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.
