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Statutes > Texas > Agriculture-code > Title-6-production-processing-and-sale-of-animal-products > Chapter-142-estrays

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE B. LIVESTOCK

CHAPTER 142. ESTRAYS

Sec. 142.001. DEFINITIONS. In this chapter:

(1) "Estray" means stray livestock, stray exotic livestock, or

stray exotic fowl.

(2) Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.

(3) "Person" does not include the government or a governmental

agency or subdivision.

(4) "Exotic livestock" means grass-eating or plant-eating,

single-hooved or cloven-hooved mammals that are not indigenous to

this state and are known as ungulates, including animals from the

swine, horse, tapir, rhinoceros, elephant, deer, and antelope

families but not including a mammal defined by Section 63.001,

Parks and Wildlife Code, as a game animal, or by Section 71.001,

Parks and Wildlife Code, as a fur-bearing animal, or any other

indigenous mammal regulated by the Parks and Wildlife Department

as an endangered or threatened species. The term does not include

a nonindigenous mammal located on publicly owned land.

(5) "Exotic fowl" means any avian species that is not indigenous

to this state. The term includes ratites but does not include a

bird defined by Section 64.001, Parks and Wildlife Code, as a

game bird or any other indigenous bird regulated by the Parks and

Wildlife Department as an endangered or threatened species. The

term does not include nonindigenous birds located on publicly

owned land.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 203, Sec. 1, eff. Sept. 1, 1993;

Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.

Sec. 142.002. RIGHTS OF OCCUPANT OTHER THAN OWNER. A person has

the rights of an owner of property under this chapter if he is a

part owner, a lessee, an occupant, or a caretaker of land or

premises, but an owner and an occupant of the same property may

not recover for the same damage.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.0021. OWNERSHIP OF EXOTIC WILDLIFE AND FOWL. A person

may claim to be the owner of exotic livestock or exotic fowl

under this chapter only if the animal is tagged, branded, banded,

or marked in another conspicuous manner that can be read or

identified from a long distance and that identifies the animal as

being the property of the claimant.

Added by Acts 1993, 73rd Leg., ch. 203, Sec. 2, eff. Sept. 1,

1993.

Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray,

without being herded with other livestock, roams about the

property of a person without that person's permission or roams

about public property, the owner of the private property or the

custodian of the public property, as applicable, shall, as soon

as reasonably possible, report the presence of the estray to the

sheriff of the county in which the estray is discovered.

(b) After receiving a report under Subsection (a) of this

section that an estray has been discovered on private property,

the sheriff or the sheriff's designee shall notify the owner, if

known, that the estray's location has been reported.

section that an estray has been discovered on public property,

the sheriff or the sheriff's designee shall notify the owner, if

known, that the estray's location has been reported, except that

if the sheriff or his designee determines that the estray is

dangerous to the public, he may immediately impound the estray

without notifying the owner. If the owner does not immediately

remove the estray, the sheriff or the sheriff's designee shall

proceed with the impoundment process prescribed by Section

142.009 of this code.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.004. REDEMPTION. (a) The owner of the estray may

redeem the estray from the owner or occupant of private property

by the payment of fees and damages as provided by this chapter.

(b) If the owner of the estray does not redeem the estray within

a reasonable time after notification, the sheriff or the

sheriff's designee shall, at the request of the property owner,

proceed immediately with the impoundment process prescribed by

Section 142.009 of this code. During that period, the estray may

not be used for any purpose by the owner or occupant of the

property.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.005. COLLECTION FEE. (a) If the sheriff or the

sheriff's designee is present at the time of the collection of

the estray, the sheriff or the sheriff's designee may require the

owner of the estray to pay before the estray is removed a

collection fee in an amount set by the sheriff not to exceed $25.

(b) A person who disagrees with the amount of the fee set by the

sheriff under Subsection (a) of this section may petition the

justice court in the manner provided by Section 142.007 of this

code and may appeal the justice court decision as provided by

Section 142.008 of this code.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.006. AMOUNT OF REDEMPTION PAYMENT. (a) A person on

whose property an estray is found is entitled to receive from the

owner of the estray the payment of a reasonable amount for

maintenance and damages, if the original notice of the discovery

of the estray was given to the sheriff not later than the fifth

day after the date of discovery.

(b) The owner of the property may:

(1) accept payment in an agreed amount from the owner of the

estray; or

(2) file a petition under Section 142.007 of this code in the

justice court having jurisdiction and have the amount of the

payment determined by the justice of the peace.

Subdivision (2) of Subsection (b) of this section, the owner of

the estray is entitled to remove the estray.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.007. JUSTICE COURT PETITION. A petition seeking a

justice court determination of the amount of a redemption payment

or the amount of a collection fee must contain the following

information:

(1) the name of the owner of the estray;

(2) a description of the estray;

(3) the number of days the estray was trespassing;

(4) the name of the owner of the property;

(5) the purpose for which the land on which the trespass

occurred is used; and

(6) a statement that the estray owner and the property owner are

unable to agree on the amount of the payment.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.008. APPEAL OF COURT AWARD. (a) If either the owner

of the estray or the owner of the property disagrees with a

justice's assessment of the payment amount under Subdivision (2)

of Subsection (b) of Section 142.006 of this code or the payment

amount under Subsection (b) of Section 142.005 of this code, the

amount in question shall be finally determined according to the

procedure prescribed by this section.

(b) The complainant begins the appeal by filing a petition that

gives the information listed in Section 142.007 of this code.

persons familiar with livestock and agriculture who reside in the

county as special commissioners to determine the amount owed, if

any, to the owner of the property or the sheriff, taking into

account the time of the notice of discovery given by the property

owner.

(d) At the request of the special commissioners for their

proceedings, the justice of the peace may compel the attendance

of witnesses and the production of testimony, administer oaths,

and punish for contempt. The commissioners' decision as to the

amount of any payment is final.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.009. IMPOUNDMENT OF ESTRAY. (a) The sheriff or the

sheriff's designee shall impound an estray and hold it for

disposition as provided by this chapter if:

(1) the owner of the estray is unknown;

(2) the sheriff or the sheriff's designee is unable to notify

the owner;

(3) the estray is dangerous to the public;

(4) the estray is located on public property and after

notification is not immediately removed by the owner; or

(5) the estray is located on private property and is not

redeemed within a reasonable time after notification.

(b) After impounding an estray, the sheriff or sheriff's

designee shall prepare a notice of estray stating at least:

(1) the name and address of the person who reported the estray

to the sheriff;

(2) the location of the estray when found;

(3) the location of the estray until disposition; and

(4) a description of the animal, including its breed, if known,

color, sex, age, size, markings of any kind, including ear

markings and brands, and other identifying characteristics.

estray in the estray records in the office of the county clerk.

(d) If the owner of the estray is unknown, the sheriff or the

sheriff's designee shall make a diligent search for the identity

of the owner of the estray, including a search in the county

brand. If the search does not reveal the owner, the sheriff

shall post a notice of the impoundment of the estray on the

public notice board of the courthouse and advertise the

impoundment of the estray:

(1) in a newspaper of general circulation in the county at least

twice during the 15 days after the date of impoundment; or

(2) on the county's Internet website for at least 15 days after

the date of impoundment.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

75, Sec. 1, eff. May 20, 2009.

Sec. 142.010. RECOVERY OF IMPOUNDED ESTRAY BY OWNER. (a) The

owner of an estray may recover possession of the estray at any

time before the estray is sold under this chapter if:

(1) the owner has provided the sheriff or the sheriff's designee

with an affidavit of ownership under this section;

(2) the sheriff or the sheriff's designee has approved the

affidavit of ownership;

(3) the approved affidavit of ownership has been filed in the

estray records of the county clerk;

(4) the owner has paid all estray handling expenses under this

section;

(5) the owner has executed an affidavit of receipt of estray

under this section and delivered it to the sheriff; and

(6) the sheriff has filed the affidavit of receipt of estray in

the estray records of the county clerk.

(b) An affidavit of ownership must contain at least the

following information:

(1) the name and address of the owner;

(2) the date the owner discovered that the animal was an estray;

(3) the property from which the animal strayed;

(4) a description of the animal, including its breed, color,

sex, age, size, markings of any kind, including ear markings and

brands, and other identifying characteristics; and

(5) a sworn statement that the affiant is the owner or caretaker

of the animal.

person or by a sheriff, sheriff's designee, or the county in

impounding, handling, seeking the owner of, or selling the

estray. The sheriff is also entitled to a collection fee as

provided by Section 142.005 of this code. The total amount of the

payment is determined by the sheriff.

(d) A person who disagrees with the amount of the payment set by

the sheriff in Subsection (c) of this section may petition the

justice court in the manner provided by Section 142.007 of this

code and may appeal the justice court decision as provided by

Section 142.008 of this code.

(e) An affidavit of receipt of estray must contain at least the

following information:

(1) the name and address of the person receiving the estray;

(2) the date of receipt of the estray;

(3) the method of claim to the estray, either previous owner or

purchaser at sale;

(4) if purchased at sale, the amount of the gross purchase price

of the estray;

(5) the estray handling expenses paid; and

(6) the net proceeds of any sale of the estray.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.011. USE OF ESTRAY. During the period an estray is

held by the sheriff, the estray may not be used for any purpose.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.012. ESCAPE OR DEATH OF IMPOUNDED ESTRAY. If the

animal dies or escapes while impounded, the sheriff shall make a

written report of the death or escape and file the report with

the county clerk for placement in the county estray records.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.

Sec. 142.013. DISPOSITION OR SALE OF IMPOUNDED ESTRAYS. (a) If

the ownership of an estray is not determined before the third day

after the date of the final advertisement under this chapter or

if the estray is not redeemed before the 18th day after the date

of impoundment, the county has title to the estray and the

sheriff shall, except as provided by Subsection (e), cause the

estray to be sold at a sheriff's sale or public auction licensed

by the United States Department of Agriculture. Title to the

estray is considered vested in the sheriff or the sheriff's

designee for purposes of passing good title, free and clear of

all claims, to the purchaser at the sale or for the purposes of

Subsection (e).

(b) The sheriff shall receive the proceeds of the sale and shall

allocate those proceeds in the following order of priority:

(1) payment of the expenses of sale;

(2) payment of the impoundment fee and other charges due the

sheriff; and

(3) if applicable, payment of any amount for maintenance and

damages due the owners of the private property from which the

estray was impounded.

livestock and file the report in the estray records of the county

clerk.

(d) If there are sale proceeds remaining from the sale of an

impounded estray after all expenses have been paid, the sheriff

shall pay the balance to the owner, if known. If the owner is

still unknown, the sheriff shall pay the balance to the county

official charged with collecting and disbursing county funds, who

shall deposit any payment received to the credit of the jury fund

of the county for the uses made of that fund, subject to claim by

the original owner of the estray.

(e) If a sheriff determines that the sale of an estray under

this section is unlikely to generate sufficient proceeds to cover

the expense of the sale, the sheriff may, instead of selling the

estray:

(1) donate the estray to a nonprofit organization; or

(2) retain the estray and use it for county purposes.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987; Acts 1999, 76th Leg., ch. 1329, Sec. 1, 2, eff. Sept. 1,

1999.

Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Within one

year after the date of sale of an estray under this chapter, the

original owner of the estray may recover the net proceeds of the

sale if:

(1) the owner has provided the sheriff with an affidavit of

ownership containing the information prescribed by Subsection (b)

of Section 142.010 of this code;

(2) the sheriff has approved the affidavit;

(3) the approved affidavit has been filed in the estray records

of the county clerk; and

(4) the sheriff has signed a county voucher directing the

payment.

Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1,

1987.