By: King of Uvalde H.B. No. 3707 A BILL TO BE ENTITLED AN ACT relating to an inspection program to deter cattle theft; authorizing an administrative penalty; authorizing an assessment. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended by adding Chapter 153 to read as follows: CHAPTER 153. PREVENTION AND INVESTIGATION OF CATTLE THEFT Sec. 153.001. DEFINITIONS. In this chapter: (1) "Association" means the Texas and Southwestern Cattle Raisers Association. (2) "Program" means the inspection program established by department rule under Section 153.002. Sec. 153.002. ESTABLISHMENT OF PROGRAM. (a) The department by rule shall establish a cattle inspection program to discourage and investigate property crimes involving cattle in this state: (1) on request by the association; and (2) if a similar program authorized by federal law is canceled, suspended, repealed, or otherwise scheduled for discontinuation. (b) The program must utilize existing cattle industry infrastructure to the extent possible. Sec. 153.003. INSPECTIONS. Program rules shall authorize the special rangers appointed under Article 2.125, Code of Criminal Procedure, and other association employees designated by the special rangers, to inspect and record brands and other identifying characteristics of cattle at livestock auction markets, livestock video and online auctions, and slaughter plants. Sec. 153.004. ASSESSMENT. (a) Program rules shall establish a per-head regulatory assessment in an amount necessary to reimburse the association for costs incurred under this chapter. (b) In determining the amount of the assessment, the department shall consider: (1) the amount of similar assessments or charges authorized by the laws of other states or the United States; (2) the costs of administering the program; and (3) the expertise required to administer the program. (c) On request by the association, the department shall review the amount of the assessment and consider any necessary revision. (d) Each livestock auction market, livestock video or online auction, and slaughter plant where inspections are conducted under the program shall collect the assessment and remit the amount collected to the association. (e) Assessments collected under this section are not state funds and are not required to be deposited in the state treasury. (f) A person who has possession, custody, or control of an assessment collected under this section and not remitted to the association before the 31st day after the date collected is subject to an administrative penalty in an amount provided by department rule. Sec. 153.005. STATE OVERSIGHT. (a) The department shall review and approve the association's budget for the program each year within 30 days of submittal by the association. (b) The department or the state auditor may inspect the association's financial records related to the program at any time. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.