Enrolled Bill Summary

Senate Bill 1357	Senate Author:  Estes
Effective:  9-1-11	House Sponsor:  Hardcastle

            Senate Bill 1357 amends provisions of the Agriculture Code relating to the redemption and impoundment of estrays to include an owner or occupant of public property among the persons from whom the owner of an estray is authorized to redeem the estray and to change the conditions under which the owner is authorized to redeem an estray. The bill requires the sheriff or the sheriff's designee to proceed immediately with impounding an estray if the animal's owner does not redeem the estray not later than the fifth day after the date the owner receives notification by a justice court having jurisdiction, rather than within a reasonable time as required under previous law; removes language authorizing impoundment at the request of the property owner; and makes it a condition for impoundment that the sheriff or the sheriff's designee determines that the estray's owner is making a good faith effort to comply with the bill's provisions.

            Senate Bill 1357 makes provisions relating to the entitlement to a redemption payment by the owner of an estray applicable to the owner or occupant of property on which an estray is found, held, or impounded, rather than limiting the entitlement to a person on whose property an estray is found, and amends provisions relating to the determination of the payment amount. The bill repeals a provision entitling the owner of an estray to remove the estray from a property if the owner of the property on which an estray is found files a petition in a justice court having jurisdiction for a determination of the amount of a redemption payment by the justice of the peace. The bill authorizes the original owner of an estray that has been sold to recover, under certain conditions, the net proceeds of the sale of the estray not later than the 180th day after the date of sale of an estray, rather than within one year after that date as provided under previous law.