82R5603 TRH-F
By: Estes S.B. No. 1357
A BILL TO BE ENTITLED
AN ACT
relating to the redemption and impoundment of estrays.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.004, Agriculture Code, is amended to
read as follows:
Sec. 142.004. REDEMPTION. (a) The owner of the estray may
redeem the estray from the owner or occupant of public or private
property if:
(1) the owner of the estray and the owner or occupant
of the property agree to a redemption payment amount and the owner
or occupant of the property receives the redemption payment from
the owner of the estray; or
(2) a justice court having jurisdiction determines the
redemption payment amount under Section 142.006 and gives the owner
of the estray written authority to redeem the estray [by the payment
of fees and damages as provided by this chapter].
(b) If the owner of the estray does not redeem the estray not
later than the fifth day [within a reasonable time] after the date
of 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.
SECTION 2. Section 142.006(a), Agriculture Code, is amended
to read as follows:
(a) The owner or occupant of [A person on whose] property on
which 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.
SECTION 3. Section 142.009(a), Agriculture Code, is amended
to read as follows:
(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 public or private
property and is not redeemed not later than the fifth day [within a
reasonable time] after the date of notification.
SECTION 4. Section 142.014, Agriculture Code, is amended to
read as follows:
Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Not
later than the 180th day [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(b) [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.
SECTION 5. Section 142.006(c), Agriculture Code, is
repealed.
SECTION 6. The change in law made by Section 142.014,
Agriculture Code, as amended by this Act, applies only to a sale of
an estray occurring on or after the effective date of this Act. A
sale of an estray occurring before the effective date of this Act is
subject to the law in effect on the date of the sale, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2011.