HBA-CBW, BSM H.B. 1391 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1391
By: Keffer
Agriculture & Livestock
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Texas is one of a few states that outlaw the sale of horse meat in stores,
restaurants, and cafes.  The state's ban was enacted in 1930 and was aimed
at stopping people from adulterating ground beef with ground horse.  The
law, which prescribes penalties of up to two years in jail, ensures that
Texas horse meat plants are strictly export-oriented. 

In recent years, there has been an increase in the practice of slaughtering
horses for consumption. The horse-slaughtering industry is distinct from
the rendering business, which turns horse carcasses into products such as
paint thinner, soap, or pet food.  Many anti-slaughter advocates say they
are not opposed to rendering, because the animals are put down painlessly,
usually with a shot of sodium pentobarbital.  Since meat from animals
killed in this fashion is unfit for human consumption, the
horse-slaughtering business employs traditional slaughtering methods. 

Many people regard their horses as family pets and sometimes, for various
reasons, have to part with them. The most common place to take these horses
are small town livestock markets.  Many people are unaware that the horses
are being sold to buyers who take them to slaughter plants that export the
meat for human consumption.  Currently, owners and operators of livestock
markets in Texas do not have to inform equine owners that the animal could
be sold for slaughter. 

House Bill 1391 requires the owner or operator of a livestock market to
inform any person who sells an equine animal directly or on consignment at
the market that the animal may be bought for slaughter or human
consumption. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Agriculture in
SECTION 1 (Section.146.009, Agriculture Code) of this bill. 

ANALYSIS

House Bill 1391 amends the Agriculture Code to require the owner or
operator of a livestock market  to require any person who sells an equine
animal at the market to sign an acknowledgment form stating that an equine
animal sold at the market may be bought for slaughter or for human
consumption.  The bill also requires the owner or operator of a livestock
market to display a sign in a prominent place in the market giving notice
that an equine animal sold at the market may be bought for slaughter or
for human consumption. The bill sets forth provisions regarding the design
and display of the sign. The Department of Agriculture is authorized by
rule to prescribe the design or wording of the sign.  A violation of these
provisions is a Class C misdemeanor. 

EFFECTIVE DATE

September 1, 2001.