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TEXAS BRAND LAWS
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
§ 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 and one or more brands differing from the
earmarks and brands 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.
§ 144.002. Brands of Minors
A minor who owns cattle or 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.
§ 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.
SUBCHAPTER B. COUNTY BRANDS
§ 144.021. County Brands
Each county shall have a brand for horses and cattle. The following are
county brands for use in the branding of horses or cattle:
[List too extensive to print]
§ 144.022. Use of County Brand
In addition to a person's private brand, a person may place the county
brand on all horses and cattle owned by that person.
§ 144.023. Removal of Stock With County Brand
If horses or cattle branded with a county brand are removed to another
county, the owner of the animals shall counterbrand with the original
county brand and a bar under it. After that counterbranding, the animals
may be branded with the county brand of the county to which the animals
were removed.
§ 144.024. Lists of County Brands
The secretary of state shall furnish a printed list of the county brands
to the county clerk of each county. The county clerk shall securely post
the list in the clerk's office.
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 and brands 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.
§ 144.042. Recording
In recording a mark or brand, the county clerk shall note the date on
which the mark or brand is recorded. In addition, the person recording
a brand shall designate the part of the animal on which the brand is to
be placed and the clerk shall include that in the records.
§ 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.
§ 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.
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.
§ 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.
§ 144.123. Marking or Branding Outside Pen
(a) A person commits an offense if the person marks or brands any animal
outside a pen.
(b) An offense under this section is a misdemeanor punishable by a fine
of not less than $10 nor more than $50.
§ 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.
§ 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.
§ 144.126. Driving Cattle Without Road Brand
(a) A person commits an offense if the person drives cattle without a
road brand in violation of Section 144.073 of this code.
(b) An offense under this section is a misdemeanor punishable by a fine
of not less than $20 nor more than $100 for each animal driven.
TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL
PRODUCTS
SUBTITLE B. LIVESTOCK
CHAPTER 146. SALE AND SHIPMENT OF LIVESTOCK
SUBCHAPTER A. GENERAL PROVISIONS
§ 146.001. Bill of Sale or Transfer Required
(a) If a person in this state sells or transfers a horse, mule, jack,
jennet, ox, or head of cattle, the actual delivery of the animal must
be accompanied by a written transfer to the purchaser from the vendor.
The written transfer must give the marks and brands of the animal and,
if more than one animal is transferred, must give the number transferred.
(b) On the trial of the right of property in an animal sold or transferred
under Subsection (a) of this section, the possession of the animal without
the written transfer is presumed to be illegal.
(c) A person may dispose of livestock on the range by sale and delivery
of the marks and brands, but in order to acquire title the purchaser must
have the bill of sale recorded in the county clerk's office. The county
clerk shall record the transfer in records maintained for that purpose
and shall note the transfer on the records of marks and brands in the
name of the purchaser.
§ 146.002. Recording Bill of Sale and List of Animals Before Driving
(a) A person who purchases animals of a class listed in Section 146.001
of this code for the purpose of driving to a market out of the county
where purchased or out of this state shall, before moving the animals
out of the county, record with the county clerk: (1) a bill of sale; (2)
a list of the number, marks, brands, and kind of animals; and (3) the
address of the purchaser.
(b) The bill of sale and list recorded under Subsection (a) of this section
must be signed and acknowledged by each vendor.
(c) The clerk shall record the bill of sale, list, and address of the
purchaser in records maintained for that purpose and, on payment of recording
fees, shall return to the person presenting the information a certificate
of record under seal.
(d) A person intending to drive stock owned and raised by that person
out of the county where raised or out of the state shall, before so driving
the animals, record with the county clerk a list of the animals with a
description of the marks and brands. The list must be verified by affidavit
of the person recording the information. The county clerk shall record
and certify the list and return it to the person presenting the information.
§ 146.005. Permits to Transport Animals
(a) A person who drives a vehicle, including a truck or an automobile,
containing livestock, domestic fowl, slaughtered livestock or domestic
fowl, or butchered portions of livestock or domestic fowl on a highway,
public street, or thoroughfare or on property owned or leased by a person
other than the driver shall obtain a permit authorizing the movement.
(b) A permit must be signed by the owner or caretaker of the shipment
or by the owner or person in control of the land from which the driver
began movement. In addition, the permit must state the following information:
(1) the point of origin of the shipment, including the name of the ranch
or other place; (2) the point of destination of the shipment, including
the name of the ranch, market center, packinghouse, or other place;
(3) the number of living animals, slaughtered animals, or butchered portions;
and
(4) the description of the shipment, including the kind, breed, color,
and marks and brands of living or slaughtered animals.
(c) On demand of a peace officer or any other person, the driver shall
exhibit the permit required by this section or shall provide a signed,
written statement containing all of the information required for a permit
under this section.
(d) Failure or refusal of a driver to exhibit a permit or provide a statement
in accordance with this section is probable cause for a search of the
vehicle to determine if it contains stolen property and for detaining
the shipment a reasonable length of time to make that determination.
§ 146.058. Bill of Sale; Marks and Brands
(a) A person who buys or drives any animal for sale or shipment out of
the county or who buys or drives an animal to slaughter shall procure
a written bill of sale from the owner or the owner's agent at the time
of purchase or before driving. The bill of sale must be properly signed
and acknowledged and must give the number, kind, age, and marks and brands
of the animals.
(b) A person who buys the hides of cattle shall procure a written bill
of sale from the owner or the owner's agent at the time of purchase. The
bill of sale must be properly acknowledged and must state the marks and
brands of each hide, the weight of each hide, and whether each hide is
dry or green.
(c) An inspector may authenticate bills of sale and may give a signed
and sealed certificate of acknowledgment of each bill of sale authenticated.
An inspector may collect a fee of 50 cents for each acknowledgment issued.
(d) If cattle are gathered near the county line, the bills of sale must
be recorded in both counties.
(e) The inspector shall keep current certified copies of the county's
recorded marks and brands. If cattle or other stock are sold, that fact
shall be noted on the record opposite or near the record of each animal's
mark or brand, giving the name of the vendor and vendee and the date of
sale.
CHAPTER 146. SALE AND SHIPMENT OF LIVESTOCK
SUBCHAPTER C. INSPECTION, SALE, AND SHIPMENT OF HIDES AND ANIMALS IN CERTAIN
COUNTIES
§ 146.059. List of Persons Authorized to Handle Animals
A person who has marks and brands recorded with the county clerk may
authorize others to gather, drive, or otherwise handle the person's animals
by filing with the inspector a list of the marks and brands to which a
list of the persons authorized to handle the animals is attached. The
lists must be certified by the county clerk.
§ 146.060. Inspections
(a) The inspector or a deputy inspector shall personally examine and
inspect each hide or animal that is known or reported to be:
(1) sold in the county;
(2) leaving the county for sale or shipment; or
(3) driven in the county for slaughter.
(b) The inspector or a deputy inspector shall inspect animals being driven
for sale or shipment out of the county before the animals are removed
from the county.
(c) The inspector or deputy inspector shall examine each hide or animal
separately so as to identify:
(1) the number, age, marks, and brands of an animal; or
(2) the number, marks, and brands of a hide, whether the hide was dry
or green, and the vendor and purchaser of the hide.
(d) The inspector shall record the information obtained under Subsection
(c) of this section in a well-bound book. On the last day of each month
the inspector shall file a certified copy of the entries for the previous
month with the county clerk, who shall file that copy in the records of
the county court.
§ 146.061. Certificate of Inspection
(a) For each inspection of animals, following proof of ownership under
Subsection
(b) of this section and payment of inspection fees, the inspector shall
issue a certificate of inspection stating that the inspector has carefully
examined and inspected each animal and that the purchaser has complied
with the law. If cattle were inspected, the certificate must also state:
(1) the number of cattle for each mark or brand;
(2) the age and sex of each head;
(3) the name of the person for whom the cattle were inspected and that
the cattle appear to be the property of that person as either the owner
of the mark or brand or as the person named in the bill of sale;
(4) that no other cattle in the herd or under control of the person for
whom they are inspected should be inspected;
(5) that the person for whom the cattle were inspected intends to drive
or ship them; and
(6) the name of the place in this state at which the cattle are to be
sold or slaughtered or the place on the border through which they are
to be shipped.
(b) Except as otherwise provided by this subsection, the inspector may
not issue a certificate of inspection unless presented with a written
bill of sale or power of attorney from the owner of the animal or an agent
authorized to act for the owner by a written, signed, and acknowledged
instrument. The inspector shall carefully examine the bills of sale and
lists of marks and brands for cattle inspected. Before issuing a certificate
of inspection for cattle, the inspector must be satisfied that no cattle
are among the herd inspected other than those for which the person claiming
the cattle has:
(1) a bill of sale or chain of transfer in writing from the record owner;
or
(2) a certificate from a county clerk stating that the mark and brand
are recorded with the clerk as the mark and brand of that person.
(c) The certificate of inspection and bill of sale shall be recorded
in the office of the county clerk and certified under the clerk's hand
and seal. Each inspector shall maintain a record of all certificates issued.
(d) The inspector shall deliver the certificate of inspection to the
purchaser of the animal under the bill of sale or to the purchaser's agent.
(e) A person who possesses a certificate of inspection may not be required
to pay inspection fees for inspection of the animals described in the
certificate in any county other than a county from which the animals are
exported.
§ 146.064. Inspection at Point of Destination
(a) If the inspector of a herd at the point of destination finds cattle
other than those covered by the certificate of inspection from the county
from which the cattle were driven, the inspector shall seize the cattle.
If the person in charge of the cattle refuses to deliver them to the inspector,
the inspector may apply for a writ of sequestration from a court of competent
jurisdiction, as determined by the value of the cattle, by filing with
the court an affidavit stating that the inspector believes the cattle
to have been unlawfully acquired. The court shall issue the writ without
bond and the sheriff or a constable of the county shall immediately execute
the writ.
(b) The court issuing the writ of sequestration shall issue a citation
directed to the constable and addressed "To whom it may concern." The
citation must state that the animals have been seized, describe the animals,
and command that concerned persons appear on a day named in the citation
to show cause why the animals should not be forfeited to and sold for
the benefit of the county in which they were seized. The sheriff or constable
shall post certified copies of the citation in three public places in
the county for a period of 10 days before the date named in the citation.
On receiving proof of posting, the court shall proceed to condemn the
animals unless satisfactory proof of ownership is made or unless other
sufficient cause is shown why the property should not be condemned.
(c) If animals are condemned under this section, the court shall order
the inspector to sell the animals at public auction to the highest bidder.
The inspector is entitled to retain one-fourth of the proceeds of the
sale after deducting expenses. The remaining proceeds shall be paid into
the county treasury subject to the claim of the true owner of the cattle.
The deposit in the county treasury must be accompanied by a certified
statement, under the hand and seal of the inspector, of the number of
cattle sold, the mark and brand of each animal, and the sale price. If
a claim to those proceeds is not established earlier than one year after
the date of deposit in the county treasury, the proceeds pass to the general
fund of the county and all claims to the proceeds are barred.
(d) Proceedings under this section may be conducted while the court is
in term or on vacation.
§ 146.068. Seizure of Imported Hides or Animals Believed Stolen
(a) An inspector shall take possession of any hides or animals imported
from Mexico that the inspector has reason to believe, on the basis of
the brands or other evidence, are stolen from the lawful owner. The inspector
shall notify any person that the inspector believes to be interested to
institute suit for recovery of the hides or animals. If no person claims
the hides or animals within 24 hours, the inspector under oath shall notify
a court of competent jurisdiction, as determined by the value of the property
seized, that there is reason to believe that the hides or animals are
stolen. The court shall issue a citation directing the owner or person
claiming the hides or animals to appear at the judge's or justice's office
within a specified time, not to exceed 24 hours, to show cause why the
property should not be condemned.
(b) If a person proves to be the lawful owner of hides or animals seized
under this section, the court shall direct that the property be delivered
to that person on payment of the inspection fees and other costs. A person
may prove ownership by showing a bill of sale from the prior owner or
an agent of the prior owner and a complete chain of transfer of title
from the original owner.
(c) If no person proves to be the owner of hides or animals seized under
this section, the court shall direct that the property be sold at public
auction by the inspector. Notice of the sale shall be published for 10
days in a newspaper published in the county. If no newspaper is published
in the county, notice shall be posted for 10 days at the courthouse door
and at two or more other places in the county. The property shall be sold
to the highest and best bidder.
(d) Proceeds of a sale under this section shall first be used to satisfy
expenses of the sale. Of the balance remaining, the inspector is entitled
to retain 25 percent and shall remit 75 percent to the county treasurer.
The county treasurer shall deposit one-half of that sum to the credit
of the county available school fund and one-half to the credit of the
county jury fund.
(e) At any time before proceedings are begun under this section, the
importer of the hides or animals may pay the lawful owner or the owner's
agent or attorney for those hides or animals. Following that payment and
payment of the inspection fees, the inspector shall release the hides
or animals to the importer.
§ 146.069. Inspection and Seizure of Hides or Animals Without Brand
or With Unhealed Brand
(a) An inspector may not issue a certificate of inspection for unbranded
hides or animals or for hides or animals for which the brand cannot be
ascertained.
(b) Unless the hide or animal is identified in accordance with Subsection
(c) of this section, an inspector may seize and sequestrate a hide or
an animal that is about to be slaughtered or driven or shipped out of
the county if:
(1) the hide or animal is unbranded;
(2) the mark or brand for the animal cannot be ascertained; or
(3) the animal is a calf or yearling on which a fresh mark or brand is
unhealed.
(c) An inspector may not seize a hide or an animal that is identified
by a bill of sale signed by the owner or the owner's agent and acknowledged
before an officer authorized to authenticate instruments for record in
this state. An inspector may not seize a calf or yearling that is accompanied
by its mother.
(d) An inspector who seizes a hide or an animal under this section shall
report the seizure to a court of competent jurisdiction as determined
by the value of the property seized. The court shall issue a citation
directed to the sheriff or a constable that is addressed "To whom it may
concern." The citation must state that the property has been seized, describe
the property, and command that concerned persons appear at a day named
in the citation to show cause why the property should not be forfeited
to and sold for the benefit of the county in which it was seized.
(e) The sheriff or constable shall post certified copies of the citation
in three public places in the county for a period of 10 days before the
date named in the citation. On receiving proof of posting, the court issuing
the citation shall proceed to condemn the property unless satisfactory
proof of ownership is made or unless other sufficient cause is shown why
the property should not be condemned.
(f) If the property is condemned, the court shall order the inspector
to sell it at public auction to the highest bidder. The inspector is entitled
to retain one-fourth of the proceeds of the sale after deducting expenses
and shall immediately pay the remaining proceeds into the county treasury
for deposit to the credit of the general fund of the county.
§ 146.074. Penalty for Incorrectly Stating Brands in Certificate of
Inspection or Acknowledgment
(a) A person commits an offense if, as an inspector or deputy inspector,
the person fails to correctly state in a certificate of inspection or
certificate of acknowledgment each mark and brand of an animal or hide
inspected by that person.
(b) An offense under this section is a misdemeanor punishable by a fine
of not less than $25 nor more than $300.
CHAPTER 147. LIVESTOCK COMMISSION MERCHANTS
SUBCHAPTER C. RECORDS
§ 147.041. Record of Sales
(a) Each livestock auction commission merchant shall keep a record of
all livestock sold at auction. The record must give an accurate description
of the livestock, including:
(1) the color;
(2) the probable age;
(3) any marks and brands; and
(4) the location of marks and brands.
(b) Records maintained under Subsection (a) of this section are subject
to inspection by any citizen of this state.
(c) Each livestock auction commission merchant shall file a quarterly
report of all livestock sold with the commissioners court of the county
in which the commission merchant transacts business. The report must include:
(1) a description of the livestock;
(2) the name and address of the consignor or the person purporting to
own the livestock; and
(3) the name and address of the purchaser.
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Sorrel QH/TW Gelding stolen from pasture, Delta County, Texas on March
11, 2008
