BILL ANALYSIS Senate Research Center S.B. 478 By: Estes Agriculture & Rural Affairs 2/17/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 478
By: Estes
Agriculture & Rural Affairs
2/17/2011
As Filed
Senate Research Center
S.B. 478
By: Estes
Agriculture & Rural Affairs
2/17/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Bison have historically been defined as wildlife; therefore, their owners do not have the same property rights as the owners of cattle or other livestock. Under current law, if a roaming bison wanders onto the property of another landowner, that landowner may dispose of the bison as he or she sees fit, without any consequences. The owner of the bison has no recourse because bison are not considered "estray" under Section 142.001(4), Texas Agriculture Code. Under the current classification, when a bison (or herd of bison) roams from its owners land on to another person's property, the property owner is not required to provide notice to the owner of the buffalo or to the sheriff, as is the case with roaming cattle under the Estray Law. As proposed, S.B. 478 amends current law relating to the protection of stray bison. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subdivision (1), Section 142.001, Agriculture Code, to redefine "estray" by adding stray bison to the definition. SECTION 2. Effective date: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Bison have historically been defined as wildlife; therefore, their owners do not have the same property rights as the owners of cattle or other livestock. Under current law, if a roaming bison wanders onto the property of another landowner, that landowner may dispose of the bison as he or she sees fit, without any consequences. The owner of the bison has no recourse because bison are not considered "estray" under Section 142.001(4), Texas Agriculture Code. Under the current classification, when a bison (or herd of bison) roams from its owners land on to another person's property, the property owner is not required to provide notice to the owner of the buffalo or to the sheriff, as is the case with roaming cattle under the Estray Law.
As proposed, S.B. 478 amends current law relating to the protection of stray bison.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subdivision (1), Section 142.001, Agriculture Code, to redefine "estray" by adding stray bison to the definition.
SECTION 2. Effective date: upon passage or September 1, 2011.