Agriculture Code
CHAPTER 144. MARKS AND BRANDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by Acts 1997, 75th Leg., ch. 780, Sec. 2, eff. Sept. 1,
1997.
Sec. 144.002. Brands of Minors.
A minor who owns cattle, 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.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by Acts 1997, 75th Leg., ch. 780, Sec. 3, eff. Sept. 1,
1997.
Sec. 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.
Acts 1981, 67th Leg., p. 1353, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER B. COUNTY BRANDS
Sec. 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:
COUNTY
BRAND
Anderson
A.A.
Andrews
A.N.
Angelina
A.L.
Aransas
A.R.
Archer
A.H.
Armstrong
A.M.
Atascosa
A.T.
Austin
A.U.
Bailey
B.I.
Bandera
B.A.
Bastrop
B.S.
Baylor
B.R.
Bee
B.E.
Bell
B.L.
Bexar
B.X.
Blanco
B.N.
Borden
B.D.
Bosque
B.
Bowie
B.O.
Brazoria
B.D.
Brazos
B.Z.
Briscoe
B.H.
Brown
B.W.
Burleson
B.U.
Burnet
B.T.
Caldwell
C.A.
Calhoun
C.H.
Callahan
C.L.
Cameron
C.M.
Camp
C.P.
Carson
C.R.
Cass
C.S.
Castro
C.T.
Chambers
C.B.
Cherokee
C.K.
Childress
C.D.
Clay
C.Y.
Cochran
C.C.
Coleman
C.E.
Collin
C.I.
Collingsworth
C.W.
Colorado
C.N.
Comal
C.O.
Comanche
C.J.
Concho
C.V.
Cooke
C.U.
Coryell
C.X.
Cottle
C.2.
Crockett
C.3.
Crosby
C.4.
Dallam
D.L.
Dallas
D.A.
Dawson
D.N.
Deaf Smith
D.S.
Delta
D.T.
Denton
D.O.
DeWitt
D.E.
Dickens
D.I.
Dimmit
D.M.
Donley
D.N.
Duval
D.D.
Eastland
E.A.
Edwards
E.D.
Ellis
E.L.
El Paso
E.P.
Erath
E.R.
Falls
F.A.
Fannin
F.N.
Fayette
F.E.
Fisher
F.I.
Floyd
F.L.
Fort Bend
F.B.
Franklin
F.K.
Freestone
F.R.
Frio
F.O.
Gaines
G.I.
Galveston
G.A.
Garza
G.R.
Gillespie
G.L.
Goliad
G.D.
Gonzales
G.O.
Gray
G.Y.
Grayson
G.N.
Gregg
G.G.
Grimes
G.M.
Guadalupe
G.E.
Hale
H.
Hall
H.A.
Hamilton
H.I.
Hansford
H.F.
Hardeman
H.N.
Hardin
H.D.
Harris
H.S.
Harrison
H.X.
Hartley
H.T.
Haskell
H.6.
Hays
H.Y.
Hemphill
H.M.
Henderson
H.E.
Hidalgo
H.G.
Hill
H.L.
Hockley
H.K.
Hood
H.O.
Hopkins
H.P.
Houston
H.4.
Howard
H.R.
Hunt
H.U.
Hutchinson
H.H.
Jack
J.
Jackson
J.A.
Jasper
J.P.
Jefferson
J.E.
Johnson
J.H.
Jones
J.O.
Karnes
K.
Kaufman
K.A.
Kendall
K.E.
Kent
K.T.
Kerr
K.R.
Kimble
K.I.
King
K.N.
Kinney
K.O.
Knox
K.X.
Lamar
L.A.
Lamb
L.M.
Lampasas
L.P.
LaSalle
L.S.
Lavaca
L.C.
Lee
L.E.
Leon
L.4.
Liberty
L.I.
Limestone
L.T.
Lipscomb
L.B.
Live Oak
L.O.
Llano
L.
Lubbock
L.K.
Lynn
L.N.
Madison
M.1.
Marion
M.2.
Martin
M.4.
Mason
M.N.
Matagorda
M.R.
Maverick
M.K.
McCulloch
M.C.
McLennan
M.L.
McMullen
M.
Medina
M.A.
Menard
M.D.
Milam
M.I.
Mitchell
M.H.
Montague
M.E.
Montgomery
M.M.
Moore
M.O.
Morris
M.S.
Motley
M.T.
Nacogdoches
N.S.
Navarro
N.A.
Newton
N.
Nolan
N.O.
Nueces
N.E.
Ochiltree
O.H.
Oldham
O.O.
Orange
O.
Palo Pinto
P.P.
Panola
P.A.
Parker
P.K.
Parmer
P.R.
Pecos
P.
Polk
P.K.
Potter
P.O.
Presidio
P.R.
Rains
R.
Randall
R.A.
Red River
R.R.
Refugio
R.E.
Roberts
R.S.
Robertson
R.O.
Rockwall
R.L.
Runnels
R.N.
Rusk
R.K.
Sabine
S.B.
San Augustine
S.A.
San Jacinto
S.J.
San Patricio
S.P.
San Saba
S.S.
Scurry
S.
Shackelford
S.D.
Shelby
S.H.
Sherman
S.N.
Smith
S.T.
Somervell
S.O.
Starr
S.R.
Stephens
S.E.
Stonewall
S.L.
Swisher
S.I.
Tarrant
T.A.
Taylor
T.E.
Terry
T.
Throckmorton
T.H.
Titus
T.I.
Tom Green
T.G.
Travis
T.S.
Trinity
T.R.
Tyler
T.L.
Upshur
U.P.
Uvalde
U.
Van Zandt
V.
Victoria
V.I.
Walker
W.K.
Waller
W.
Washington
W.N.
Webb
W.E.
Wharton
W.T.
Wheeler
W.H.
Wichita
W.A.
Wilbarger
W.R.
Williamson
W.I.
Wilson
W.L.
Wise
W.S.
Wood
W.O.
Yoakum
Y.
Young
Y.O.
Zapata
X.
Zavala
X.X.
Acts 1981, 67th Leg., p. 1354, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1358, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1358, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1358, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER C. RECORDING OF MARKS AND BRANDS
Sec. 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.
Acts 1981, 67th Leg., p. 1358, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by Acts 1997, 75th Leg., ch. 780, Sec. 4, eff. Sept. 1,
1997.
Sec. 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.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER D. PROVISIONS APPLICABLE ONLY IN CERTAIN COUNTIES
Sec. 144.071. Application.
This subchapter applies only in those counties that are subject
to Subchapter C, Chapter 146, of this code.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.072. Recording of Marks, Brands, and Bills of Sale.
(a) Marks and brands of cattle shall be recorded in the county
or counties in which the cattle usually range. Except as
provided by Subsection (b) of this section, the county clerk
shall refuse to record a mark or brand already on record.
(b) If the applicant has a certificate from the clerk of
another county stating that the mark or brand that the applicant
desires to record was recorded by the applicant in that other
county on a date before it was recorded in the county in which
the applicant is applying, the county clerk, shall record the
mark or brand in the name of the applicant and note those facts
on the record.
Acts 1981, 67th Leg., p. 1359, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.073. Road Brand.
(a) A person who drives cattle to market beyond the limits of
this state shall, before removing the cattle from the county in
which they are gathered, place on each animal to be driven a
large and plain road brand. The brand may be composed of any
device and shall be branded on the left side of the back behind
the shoulder.
(b) Each person required to use a road brand shall record the
brand in the county from which the cattle are to be driven in the
same manner as provided by this chapter for recording other
brands. The road brand must be recorded before the animals are
removed from the county.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.074. Counterbranding.
(a) If the counterbranding of cattle is considered necessary or
expedient, the person counterbranding shall, in addition to the
counterbrand, place below the existing brand a facsimile of that
brand in similar letters, characters, or numbers.
(b) A person may not change or alter the earmarks of any
animal. In counterbranding an animal, the person counterbranding
shall leave the earmark unchanged.
(c) A person may not counterbrand cattle without consent of the
owner.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER E. REGISTRATION OF ANIMAL TATTOO MARKS
Sec. 144.101. Definition.
In this subchapter, "director" means the director of the
Department of Public Safety.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.102. Right to Register.
In accordance with this subchapter, a person who owns one or
more horses, hogs, dogs, sheep, or goats in this state is
entitled to register for exclusive use any tattoo mark or other
generally accepted identification method that is not previously
recorded.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by Acts 1997, 75th Leg., ch. 780, Sec. 5, eff. Sept. 1,
1997.
Sec. 144.103. Department of Public Safety to Administer.
The Department of Public Safety shall administer this
subchapter under the supervision of the director of that
department.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.104. Application for Registration.
(a) A person shall apply to the director for registration of a
tattoo mark. The application must be signed by the applicant or
the applicant's agent and show:
(1) the applicant's place of residence;
(2) the applicant's citizenship;
(3) the location of the livestock owned by the applicant;
(4) the kinds of livestock owned by the applicant; and
(5) the place or part of the animal on which the tattoo mark
is to be placed.
(b) An application for registration of a tattoo mark must have
attached a drawing of the tattoo mark for which registration is
sought. The drawing must be signed by the applicant or the
applicant's agent and must comply with the requirements of the
director. The applicant shall furnish as many copies of the
drawing as required by the director.
Acts 1981, 67th Leg., p. 1360, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.105. Certificate of Registration.
The director shall examine or cause to be examined each
application for registration and shall immediately issue a
certificate of registration after determining that there is
satisfactory evidence that the registration should be made.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.106. Protest of Registration.
(a) A person who would be damaged by the issuance of a
certificate of registration may file a written notice of protest
of that issuance with the director. The notice must be sworn to
and filed not later than the 20th day after the date on which the
protested application for registration is filed. In addition,
the notice must state the grounds for the protest.
(b) After receiving a notice of protest, the director shall
conduct hearings and take other steps necessary to determine
whether the application for registration should be granted or
denied. Except as provided by Subsection (c) of this section,
the decision of the director is final and the director must
provide reasons for the decision.
(c) If the director abuses discretion, the contestant may
appeal the decision of the director to a district court of the
county in which the contestant resides.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.107. Effect of Registration.
The registration of a tattoo mark under this subchapter creates
an exclusive right to use that mark in this state. In a criminal
or civil action in a court of this state, a registered tattoo
mark is prima facie evidence of the ownership of the tattooed
livestock.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.108. Filing With County Clerk.
The director shall forward a certified copy of each
registration to the county clerk of the county of the applicant's
residence. The county clerk shall file the certificate in
records maintained for that purpose.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.109. Assignment of Registered Tattoo Mark.
(a) A certificate of registration and the exclusive right to
use a tattoo mark may be assigned in connection with the goodwill
of a ranch, farm, or other business in which the tattoo mark is
used if written notice of the assignment, sworn to by the
assignor, is filed with the director.
(b) A certificate of registration and the exclusive right to
use a tattoo mark may not be assigned except as provided by this
section.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.110. Fees.
(a) Each person who registers, assigns, or protests the
registration of a tattoo mark shall pay the following appropriate
fee to the director at the time the application, notice of
assignment, or notice of protest is filed:
(1) $5 for an application for registration;
(2) $1 for a notice of assignment; or
(3) $10 for a notice of protest.
(b) A person whose registered tattoo mark is recorded with the
county clerk shall pay the clerk a filing fee of 25 cents.
(c) The director shall remit all fees collected under this
subchapter by the director to the comptroller of public accounts,
who shall deposit the fees in the treasury to the credit of a
special fund known as the livestock tattoo fund. That fund may
be used only in the administration of this subchapter, but the
legislature may appropriate general revenue funds for that
purpose.
Acts 1981, 67th Leg., p. 1361, ch. 388, Sec. 1, eff. Sept. 1,
1981.
SUBCHAPTER F. PENALTIES
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 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.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.127. Reproduction or Destruction of Tattoo Mark.
(a) A person commits an offense if the person, without the
consent of the owner, reproduces, counterfeits, copies, adds to,
takes from, imitates, destroys, or removes a registered tattoo
mark on livestock or aids in the commission of one of those acts.
(b) An offense under this section is a felony punishable by
imprisonment in the Texas Department of Corrections for not less
than 2 years nor more than 12 years.
Acts 1981, 67th Leg., p. 1362, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Sec. 144.128. Purchase, Sale, or Transportation of Tattooed Livestock
Without Consent.
(a) A person commits an offense if the person:
(1) without consent of the owner, buys, sells, or barters,
for that person or another person, any livestock on which a
registered tattoo mark has been placed;
(2) without consent of the owner, transports over the
highways of this state any livestock on which a registered
tattoo mark has been placed; or
(3) aids in the commission of an act under Subdivision (1)
or (2) of this subsection.
(b) An offense under this section is a felony punishable by
imprisonment in the Texas Department of Corrections for not less
than 2 years nor more than 12 years.
Acts 1981, 67th Leg., p. 1363, ch. 388, Sec. 1, eff. Sept. 1,
1981