THEA~ORNEYGENERAL
OF TEXAS
Bon. Sam Lee, Opinion Do. v-563
County Attorney,
Brasorla County, Re: Authority of County Clerk to
Angleton, Texas record a brand which is on
cattle transferred from anoth-
er county when such brand has
been previously recorded in
his county.
Dear Sir:
We refer to your letter of April 14, 1948, in
which you submit the questions:
QUESTIOD10. I
“May two persons have the same figure as
a brand, but place it at a different point on
the animal’s body?
QWSTIOI4 DO. II
“If cattle are moved from one county to
another county and vhen the owner goes to re-
cord his brand in the new county and finds
another brand recorded and which was recorded
at a time later than the brand of the person
who transferred the cattle In his original
county, will the ovner vho transferred the
cattle have to change his brand in order ,to
comply with the statute that no two persons
can have the same brand. In other words, when
the person who transferred the cattle goes ln-
to the Clerk’s Office to record his brand, can
the Clerk record the same when he already has
such a brand legally recorded in the name of
another person?”
Article 6899d, V. C. S.~, .readsr
“This Act shall apply to Brasoria County
only. In said County each owner of any live-
stock mentioned in Chapter 1 of Title 121, of
Hon. Sam Lee - Page 2 (V-563)
the Revised Civfl Statutes of Texas, of 1925
shall within six (6)months after this Act
takes effect have his mark and brand for such
stock recorded in the office of the County
Clerk of said County. Such owners shall so
record such marks and brands whether the same
have been heretofore recorded or not. The own-
er shall have the right to have his mark and
brand recorded In his name who according to
the present records of said County first re-
corded the same in the County, or In event it
can not be ascertained from the records who
first recorded same In the County, then the
person who has been using such mark and brand
the longest shall have the right to have the
same recorded in his name. After the explra-
tion of six (6)months from the taking effect
of this Act all records of marks and brands
now in existence in said County shall no long-
er have any force or effect and after the ex-
piration of six (6)months only the records
made after this Act takes effect shall be ex-
amined or considered in recording marks and
brands in said County. Immediately upon the
taking effect of this Act the County Clerk of
said County shall have this Act published in
some newspaper of general circulation in the
County for a period of thirty (30) days, which
publication shall be paid for by the County
out of the General County Fund. Acts 1939,
46th Leg., Spec. L., p. 516,8 1.”
Article 1486, V. P. C., reads:
“Any county clerk who shall record any
brand when the person having the same recorded
fails to designate the part of the animal upon
which the same Is to be placed shall be fined
not less than ten or more than fifty dollars.”
We quote from Attorney General’s Opinion Bo. O-
1114 referred to by you in your request:
” we hold the opinion that you were cor-
r&i in advising your county clerk that it Is
possible for two persons to have the same fig-
ure as a brand, if they place it at a distlnc-
tively different place on the animal’s body.”
Hon. Sam Lee - Page 3 (V-563)
In view of the foregoing, if a brand is recorded
in Brazorla County, which record designates the place on
an animal where such brand shall be placed, another owner
may not have the same brand recorded to be placed at the
same designated place on an animal; but may record the same
figure, letter or character to be placed at a different des-
ignated place on such animal.
If a brand Is recorded in Brazorla County,
which record designates the place on an animal
where such brand shall be placed, another own-
er may not have the same brand recorded to be
placed at the same designated place on an ani-
mal; but may record the same figure, letter or
character to be placed at a different deslgnat-
ed place on such animal.
Very truly yours?
ATTORNEY
GENERALOF TEXkS
W’W:wb
APPROVED: