Governement News, April 17, 2009

             News from the Texas Legislature
                Bill action
                Climate change still a hot topic
                TSCRA industry partner participates in USDA roundtables on NAIS

 

News from the Texas Legislature

Texas and Southwestern Cattle Raisers Association applauded the Texas State Senate for passing SB 1163, a bill to increase the penalty for cattle theft in Texas. The bill, introduced by Senator Kel Seliger (R-Amarillo), passed the Senate by a vote of 29-2.

"Cattle theft is very active in Texas, especially during tough economic times," said Larry Gray, TSCRA executive director of law enforcement. "In 2007, 2,400 head of cattle were reported stolen to the Texas and Southwestern Cattle Raisers Association. In 2008, that number jumped to 6,404. Under current law theft of less than 10 head of cattle, horses or exotic wildlife is a state jail felony. SB 1163 would change current law to allow for a third degree felony."

TSCRA has 29 special rangers stationed strategically throughout Texas and Oklahoma who have in-depth knowledge of the cattle industry and are trained in all facets of law enforcement. All are commissioned as special rangers by the Texas Department of Public Safety and/or the Oklahoma State Bureau of Investigation. TSCRA special rangers primary responsibility is to investigate cattle theft; however, they work alongside local law enforcement agents across the state on numerous criminal cases.

"Thieves are drawn to cattle because of the potential return," Gray continued. "While stealing a car or television will get a thief pennies on the dollar, stealing cattle can return actual market value within hours. A thief can steal one cow, take it to the auction the same day and receive the value of that animal. The crime is attractive, and in Texas we need a stronger penalty."

According to TSCRA Special Ranger Scott Williamson, most apprehended thieves are repeat offenders. However, because livestock thieves are sophisticated and knowledgeable of the penal code, they rarely steal more than ten head at a time.

"The increase in cattle theft is one of the most important issues to TSCRA members," said TSCRA President Dave Scott.  "We want to thank Senator Seliger for introducing this critical legislation and working to get it passed in the Senate."

Oklahoma, New Mexico and Louisiana all recognize the significant adverse impact that livestock theft imposes and have enacted stricter penalties for livestock theft. Thieves know the laws are lax in the number one cattle producing state in the nation, and not surprisingly, cross over state lines to target Texas producers. This poses a significant threat to Texas' $15 billion a year cattle industry, not to mention the impact on the horse, dairy cattle, sheep, goat, swine and exotic wildlife industries. 

Prior to 1993, livestock theft was classified as a third degree felony. In 1993 the Texas Legislature created the State Jail Felony category, also known as a fourth degree felony. Livestock theft has risen since the law was changed in 1993, largely due to the number of repeat offenders who are let out on state jail felony probation. 

Now that the bill has passed the State Senate, it will go to the State House for consideration.

TSCRA Bills

TSCRA's asset forfeiture bill, HB 2062, would allow TSCRA special rangers to benefit from the sale of forfeited property in criminal cases was passed out of the House. It will now make its way to the Senate for consideration.

SB 1683 introduced by Senator Chuy Hinojosa (D-McAllen), would allow TSCRA special rangers to benefit from the sale of forfeited property in criminal cases. SB 1683 was taken up in the Senate Criminal Justice Committee. TSCRA Special Ranger Roland Garcia testified in favor of the bill.

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Bill action

HB 3982 introduced by Representative Eddie Rodriguez (D-Austin), relates to exemptions from the registration requirement for the practice of landscape architecture. HB 3982 was taken up in the House Licensing and Administrative Procedures Committee. This bill would require a landscape architect to design stock tanks and other agricultural land structures. TSCRA submitted opposition for the record.

SB 1609 introduced by Senator Glenn Hegar (R-Katy), relates to the control of access to state highways by the Texas Department of Transportation. SB 1609 was taken up in the Senate Transportation and Homeland Security Committee.  TSCRA submitted support for the record.

SB 357 introduced by Senator Dan Patrick, relates to a prohibition against the knowing employment of persons not lawfully present in the U.S. and the suspension of licenses held by certain employers for the knowing employment of those persons. SB 357 was taken up in the Senate Transportation and Homeland Security Committee. TSCRA submitted opposition for the record.

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Climate change still a hot topic

Climate change continues to be discussed in Washington, even when Congress isn't working.

After a thorough scientific review ordered in 2007 by the U.S. Supreme Court, the Environmental Protection Agency issued a proposed finding that greenhouse gases contribute to air pollution that may endanger public health or welfare.

The proposed finding, which now moves to a public comment period, identified six greenhouse gases that pose a potential threat.

The proposed endangerment finding now enters the public comment period, which is the next step in the deliberative process EPA must undertake before issuing final findings. The proposed finding does not include any proposed regulations. Before taking any steps to reduce greenhouse gases under the Clean Air Act, EPA would conduct an appropriate process and consider stakeholder input.

Notwithstanding this required regulatory process, both President Obama and Administrator Jackson have repeatedly indicated their preference for comprehensive legislation to address this issue and create the framework for a clean energy economy.

TSCRA will continue to monitor and oppose any greenhouse and climate change efforts that would negatively impact cattle producers.

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TSCRA industry partner participates in USDA roundtable on NAIS

U.S. Agriculture Secretary Tom Vilsack invited a group of 28 groups to attend a meeting at USDA to discuss concerns with a National Animal Identification system (NAIS). According to Secretary Vilsack, this was the first in a series of listening sessions that will take place over the coming months to engage stakeholders and producers in a dialogue about NAIS.

House Agriculture Committee Chairman Collin Peterson (D-MN) and other members of Congress have been putting pressure on USDA to make NAIS mandatory. 

TSCRA has been working closely with the National Cattlemen's Beef Association (NCBA) on this issue. NCBA Executive Director of Government Affairs Colin Woodall participated in the roundtable.

Many of TSCRA's members already participate voluntarily in numerous animal identification programs as one of many tools to improve their herds, monitor disease, and better market their cattle. 

TSCRA members are particularly concerned about the protection of producer's confidential information, which, if mandatory NAIS was implemented, would be housed in a USDA-maintained database. The federal government has not demonstrated a strong track-record when it comes to preventing the leak of private information, and USDA has not been able to guarantee that the information in a mandatory system would be protected from release under a Freedom on Information (FOIA) request.

TSCRA is also concerned about the system's ability to move at the speed of commerce. The working, processing, and marketing of cattle cannot slow down in order to be scanned and entered into the system. It is also important to note that animal ID will not serve to enhance food safety, nor was it intended for this purpose.

TSCRA will continue to work with NCBA as these listening sessions take place across the country.

TSCRA supports a voluntary animal identification program that is practical, cost efficient, protects ranchers from undue liability and is managed by TSCRA.

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