Texas Attorney General Opinion: MW-358 Page: 2 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mike Driscoll - Page 2
Sec. 3. All brands and marks registered
under the provisions of this Act shall be
re-registered every 10 years in the manner
prescribed in Section 1 of this act.
Article 6899j became effective on August 30, 1971.
Your questions are as follows:
1. Under article 6899J, is a county clerk
required to notify the owner of cattle brands
of the expiration date at the end of the ten
year period?
2. Does section 3 of article 6899j require a
county clerk to publish notice as required in
section 1(d), or did that provision only
apply when the act initially took effect?
3. Does a county clerk have any responsibility
to note in the cattle brand book that such
brand has expired and/or has been renewed?
Article 6899j--in particular, the section 3 requirement that
marks and brands registered under the article be reregistered every
ten years--was the subject of Attorney General Opinion MW-289 (1980).
In that opinion, we reconciled this requirement with the requirement
set forth in article 6890, V.T.C.S., that new owners of livestock
record their marks and brands with the clerk of the county in which
their livestock are located. We pointed out that to construe the
section 3 requirement as applying only to owners who registered marks
and brands within six months of August 30, 1971, would .lead to an
anomalous result. Those owners would be obliged to reregister every
ten years, while pursuant to article 6890, new owners who first record
marks or brands after that time would not have to reregister them. We
therefore concluded that the most sensible interpretation was that:
Article 6899j, V.T.C.S., requires that all
marks and brands registered prior to August 30,
1981, must be reregistered within six months of
that date, and that the reregistration process
must be repeated at subsequent ten-year intervals
for then-current owners.
With respect to your first question, neither article 68993 nor
the other statutes mentioned in section 2 thereof suggest that county
clerks must notify owners of the expiration date of their
registration. We therefore answer your first question in the
negative.
The answer to your second question depends upon the meaning of
the underlined portion of section 3, which states that "All brands andp. 1198
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-358, text, August 5, 1981; (https://texashistory.unt.edu/ark:/67531/metapth272203/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.