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AN ACT
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relating to the control of stray bison and other estrays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.001, Agriculture Code, is amended by |
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amending Subdivision (1) and adding Subdivision (2) to read as |
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follows: |
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(1) "Estray" means stray livestock, stray exotic |
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livestock, stray bison, or stray exotic fowl. |
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(2) "Perilous condition" means a circumstance or |
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condition in which capture and impoundment of an estray presents an |
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immediate threat to law enforcement personnel or to the health of |
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the estray. |
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SECTION 2. Section 142.003, Agriculture Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) After receiving a report under Subsection (a) [of this
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section] that an estray has been discovered on public property, the |
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sheriff or the sheriff's designee shall notify the owner, if known, |
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that the estray's location has been reported, except that if the |
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sheriff or the sheriff's [his] designee determines that the estray |
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is dangerous to the public, the sheriff or the sheriff's designee |
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[he] may immediately impound the estray without notifying the |
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owner[.
If the owner does not immediately remove the estray, the
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sheriff or the sheriff's designee shall proceed with the
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impoundment process prescribed by Section 142.009 of this code]. |
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(d) If the owner does not immediately remove the estray: |
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(1) the sheriff or the sheriff's designee may proceed |
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with the impoundment process prescribed by Section 142.009; or |
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(2) if a perilous condition exists, the sheriff or the |
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sheriff's designee may proceed with disposition of the estray under |
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Section 142.015. |
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SECTION 3. Chapter 142, Agriculture Code, is amended by |
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adding Section 142.015 to read as follows: |
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Sec. 142.015. DISPOSITION OF ESTRAY UNDER PERILOUS |
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CONDITION. (a) A sheriff or a sheriff's designee is not required |
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to impound an estray if a perilous condition exists. |
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(b) If a perilous condition exists, the sheriff or the |
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sheriff's designee may immediately dispose of the estray by any |
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means without notifying the owner of the estray. |
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(c) The sheriff shall make a written report of the |
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disposition and file the report with the county clerk for placement |
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in the county estray records. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 174 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 174 passed the House on |
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April 25, 2013, by the following vote: Yeas 136, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |