85R26280 BEF-F     By: King of Uvalde, et al. H.B. No. 3707     Substitute the following for H.B. No. 3707:     By:  King of Uvalde C.S.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by the association; and                (2)  if a similar program authorized by federal law is   canceled, suspended, repealed, or otherwise scheduled for   discontinuation.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.          (c)  The department shall establish an advisory committee to   advise the department on program rules.  At least once every two   years, the advisory committee shall review the program rules and   submit findings and recommendations to the department.          Sec. 153.003.  INSPECTIONS. Program rules must 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.          Sec. 153.004.  ASSESSMENT. (a) Program rules must   establish a per-head regulatory assessment in an amount necessary   to reimburse the association for direct 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 direct operating costs of the program; and                (3)  the expertise required to operate 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 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 must   approve the association's budget for the program each year.          (b)  The department shall review and act on the association's   budget for the program each year not later than the 45th day after   the date the association submits the budget to the department.          (c)  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.