Texas Makes Animal Owners into Criminals

HB 1361 authorizes TAHC to determine when components of the animal identification system would be required rather than voluntary. The proposed rule will address this provision. Additionally, HB 1361 provides authority for TAHC to assess fees for registration of premises and for the commission, by rule, to establish the amount of the premises registration fee.

HB 1361 provides for penalties as well. (h) An offense under Subsection (g) is a Class C misdemeanor
unless it is shown on the trial of the offense that the defendant has been convicted previously under this section, in which case the offense is a Class B misdemeanor

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC, Section 59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

(2) Persons who do not register their premises after receiving the warning are in violation and are subject to penalties, as provided under Section 161.056 or 161.148 of the Texas Agriculture Code.

(3) Persons who have not registered their premises by January 1, 2007, are subject to penalties, as provided under Section 161.056 or 161.148 of the Texas Agriculture Code. (see below)

Sec.A161.148.AAADMINISTRATIVE PENALTY.AA(a)AAThe commission may impose an administrative penalty against a person who violates a rule or order adopted under this subtitle. (b)AAThe penalty for a violation may be in an amount not to exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of the penalty shall not be based on a per head basis.

The below is from the Texas Penal Code, http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.003.00.000012.00.htm

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000; (is this capped at $1,000 based on the above?)
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged
guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994