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AN ACT
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relating to the redemption and impoundment of estrays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.004, Agriculture Code, is amended to |
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read as follows: |
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Sec. 142.004. REDEMPTION. (a) The owner of the estray may |
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redeem the estray from the owner or occupant of public or private |
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property if: |
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(1) the owner of the estray and the owner or occupant |
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of the property agree to a redemption payment amount and the owner |
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or occupant of the property receives the redemption payment from |
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the owner of the estray; or |
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(2) a justice court having jurisdiction determines the |
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redemption payment amount and gives the owner of the estray written |
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authority to redeem the estray under Section 142.006 [by the
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payment of fees and damages as provided by this chapter]. |
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(b) If the owner of the estray does not redeem the estray not |
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later than the fifth day [within a reasonable time] after the date |
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of notification, the sheriff or the sheriff's designee shall[, at
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the request of the property owner,] proceed immediately with the |
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impoundment process prescribed by Section 142.009 unless the |
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sheriff or the sheriff's designee determines that the owner of the |
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estray is making a good faith effort to comply with Subsection (a) |
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[of this code]. During the impoundment process [that] period, the |
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estray may not be used for any purpose by the owner or occupant of |
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the property. |
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SECTION 2. Section 142.006, Agriculture Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) The owner or occupant of [A person on whose] property on |
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which an estray is found, held, or impounded is entitled to receive |
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from the owner of the estray the payment of a reasonable amount for |
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maintenance and damages, if the original notice of the discovery of |
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the estray was given to the sheriff not later than the fifth day |
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after the date of discovery. |
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(b) The owner or occupant of the property may[:
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[(1)] accept payment in an agreed amount from the |
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owner of the estray. |
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(b-1) If the owner of the estray and the owner or occupant of |
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the property are unable to agree to a redemption payment, either |
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party may[; or
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[(2)] file a petition under Section 142.007 [of this
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code] in the justice court having jurisdiction and have the amount |
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of the payment determined by the justice of the peace. The justice |
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of the peace shall determine the redemption payment amount and give |
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the owner of the estray written authority to redeem the estray on |
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payment of that amount to the owner or occupant of the property. |
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SECTION 3. Section 142.007, Agriculture Code, is amended to |
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read as follows: |
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Sec. 142.007. JUSTICE COURT PETITION. A petition seeking a |
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justice court determination of the amount of a redemption payment |
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or the amount of a collection fee must contain the following |
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information: |
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(1) the name of the owner of the estray; |
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(2) a description of the estray; |
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(3) the number of days the estray was trespassing; |
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(4) the name of the owner or occupant of the property; |
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(5) the purpose for which the land on which the |
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trespass occurred is used; and |
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(6) a statement that the estray owner and the owner or |
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occupant of the property [owner] are unable to agree on the amount |
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of the payment. |
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SECTION 4. Subsection (a), Section 142.008, Agriculture |
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Code, is amended to read as follows: |
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(a) If either the owner of the estray or the owner or |
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occupant of the public or private property disagrees with a |
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justice's assessment of the payment amount under [Subdivision (2)
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of Subsection (b) of] Section 142.005(b) or 142.006(b-1) [142.006
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of this code or the payment amount under Subsection (b) of Section
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142.005 of this code], the amount in question shall be finally |
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determined according to the procedure prescribed by this section. |
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SECTION 5. Subsection (a), Section 142.009, Agriculture |
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Code, is amended to read as follows: |
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(a) The sheriff or the sheriff's designee shall impound an |
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estray and hold it for disposition as provided by this chapter if: |
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(1) the owner of the estray is unknown; |
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(2) the sheriff or the sheriff's designee is unable to |
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notify the owner; |
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(3) the estray is dangerous to the public; |
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(4) the estray is located on public property and after |
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notification is not immediately removed by the owner; or |
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(5) the estray is located on public or private |
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property and is not redeemed not later than the fifth day [within a
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reasonable time] after the date of notification, unless the sheriff |
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or the sheriff's designee determines that the owner of the estray is |
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making a good faith effort to comply with Section 142.004(a). |
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SECTION 6. Section 142.014, Agriculture Code, is amended to |
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read as follows: |
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Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Not |
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later than the 180th day [Within one year] after the date of sale of |
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an estray under this chapter, the original owner of the estray may |
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recover the net proceeds of the sale if: |
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(1) the owner has provided the sheriff with an |
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affidavit of ownership containing the information prescribed by |
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[Subsection (b) of] Section 142.010(b) [142.010 of this code]; |
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(2) the sheriff has approved the affidavit; |
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(3) the approved affidavit has been filed in the |
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estray records of the county clerk; and |
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(4) the sheriff has signed a county voucher directing |
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the payment. |
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SECTION 7. Subsection (c), Section 142.006, Agriculture |
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Code, is repealed. |
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SECTION 8. The change in law made by Section 142.014, |
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Agriculture Code, as amended by this Act, applies only to a sale of |
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an estray occurring on or after the effective date of this Act. A |
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sale of an estray occurring before the effective date of this Act is |
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subject to the law in effect on the date of the sale, and that law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2011. |
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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. 1357 passed the Senate on |
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April 19, 2011, 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. 1357 passed the House on |
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May 13, 2011, by the following vote: Yeas 144, Nays 0, one |
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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 |