bigbull338":30ccpepa said:
well mr CB your partly right an partly wrong on what you say as we just foundout.you have 3 days to locate the strays owner an get them off your place.an then your not really allowed to charge them for hay or feed even if they know their cow is on you an they never make effort to get them out.if you have to get cowboys on your place to catch strays be sure you trust them.we had 3 cowboys come in to catch some cattle.an they knew their business.they went in caught an loaded the cattle without upseting running or hurting our cattle.they was so quiet our cows just milled around them while they was working.
I will print the law so you can read it. Might want to pay attention to the part's in bold.
This is current law as posted from the state site on the Texas Southwestern Cattleman's Association.
AGRICULTURE CODE
CHAPTER 142. ESTRAYS
§ 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(2) Repealed by Acts 2003, 78th Leg., ch. 604, § 5.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, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 203, § 1, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 604, § 5, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 2, eff. Sept. 1, 1993.
§ 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.
(c) After receiving a report under Subsection (a) of this
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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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.
(c) If the owner of the property files a petition under
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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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.
(c) The justice of the peace shall appoint three
disinterested 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, § 1, eff. Sept. 1, 1987.
§ 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.
(c) The sheriff or sheriff's designee shall file each notice
of 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 register
of recorded brands, if the animal has an identifiable brand. If the
search does not reveal the owner, the sheriff shall advertise the
impoundment of the estray in a newspaper of general circulation in
the county at least twice during the 15 days after the date of
impoundment and shall post a notice of the impoundment on the public
notice board of the courthouse.
Amended by Acts 1987, 70th Leg., ch. 51, § 1, eff. Sept. 1, 1987.
§ 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.
(c) The owner of the estray shall pay the expenses incurred
by a 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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.
(c) The sheriff shall execute a report of sale of 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, § 1, eff. Sept. 1, 1987;
Acts 1999, 76th Leg., ch. 1329, § 1, 2, eff. Sept. 1, 1999.
§ 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.
