In Texas, if a livestock owner uses brands, earmarks, tattoos, or electronic devices to mark their cattle, hogs, sheep, goats, or horses, they must register the brands with the county clerk. See Texas Agric. Code Sections 144.001; 144.041. Brands must be registered at the county clerk’s office in any county where the livestock resides. See Texas Agric. Code Section 144.041. For example, if you have livestock both in Van Zandt County and in Kaufman County, you will need to ensure that your brand is registered at both of those county clerks’ offices. The registration will require identifying the brand itself, along with the location where the brand or other identifying information is placed on the animal. See Texas Agric. Code Section 144.042.

Every 10 years, all livestock & horse brands throughout the state expire. This is pursuant to Texas Agriculture Code Section 144.044. The next expiration will be next week, August 31, 2021. This means that all livestock brands registered in Texas will expire next week and must be renewed.

Brand holders will have six months, through February 28, 2022, to renew their brand registration in each county where they have livestock. See Texas Agric. Code Section 144.044. If they fail to renew their registration in that timeframe, then the brand will essentially be up for grabs and anyone will be able to select and register the brand in his or her own name. See Texas Agric. Code Section 144.044.

There may be different procedures for the renewal at different county clerks’ offices, so brand holders should contact the applicable offices to find out the best way to complete the renewal of the registration. Fees for the renewal also vary by county. Once producers renew their brands between now and Feb. 28, 2022, they will be in place until Aug. 30, 2031.

The use of a brand or mark that is not registered with the county clerk will constitute a misdemeanor offense punishable by a fine up to $500. See Texas Agric. Code Section 144.121.

Signage needed around Agricultural Operations

Rural landowners should consider hanging two signs from a liability protection perspective: The Texas Farm Animal Liability Act sign and the Texas Agritourism Act sign.

Texas Farm Animal Liability Act Signage

The Texas Farm Animal Liability Act protects farm animal owners from liability if a participant in a farm animal activity is injured due to a risk inherent to a farm animal activity. The classic example is that there is always an inherent risk that someone who gets on a horse could get bucked off. This statute aims to shield the horse owner from liability in that situation.

As of September 1, 2021, the Farm Animal Liability Act will require Texas farms and ranches, farm animal professionals, and farm or ranch lessees to hang a Farm Animal Liability Act sign pursuant to the statute.

The required sign language is:

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

This sign must be posted at a clearly visible location.

Landowners or lessees can certainly make their own signs, or various groups sell these signs. This includes the Texas & Southwestern Cattle Raisers Association and Texas Farm Bureau. Because the required language will change as of September 1, I recommend ensuring you obtain a sign with the most recent statutory language.

Texas Agritourism Act Signage

The Texas Agritourism Act, passed in 2015, provides limited liability for rural landowners of “agricultural land” if someone is injured on the land while engaged in a recreational or educational activity. For the purposes of this statute, “agricultural land” is land that is suitable for growing crops or raising livestock. A recreational activity is broadly defined as including hunting, fishing, hiking, biking, swimming, pleasure driving, picnicking, nature photography, and “anything else associated with enjoying nature or the outdoors.” For example, if someone is injured while hunting or while participating in a field day, this statute would be a potential defense for the rural landowner

In order to receive the Agritourism Act’s protections, a landowner must either hang a Texas Agritourism Act sign or obtain a signed Texas Agritourism Act release signed by the injured participant.

The required language to be included on the signs is as follows:

WARNING: UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY.

The sign must be clearly visible on or near the premises where the activity is conducted.