HBA-NLM S.B. 1901 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1901
By: Bivins
Agriculture & Livestock
5/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, certain cows that have gone astray are imposing a financial
burden on certain county sheriffs.  For example, in order to dispose of an
impounded cow, a sheriff must spend funds to place an advertisement and
subsequently attempt to sell the animal at auction.  S.B. 1901 regulates
the disposition or sale of impounded estrays by a county. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading for Section 142.013, Agriculture Code, to
read as follows: 

Sec. 142.013.  DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.

SECTION 2.  Amends Section 142.013, Agriculture Code, by amending
Subsection (a) and adding Subsection (e), as follows: 

(a) Provides an exception under Subsection (e) to the provisions of this
subsection requiring a sheriff to cause an estray to be sold at a sheriff's
sale or public auction.  Provides that title to the estray is considered
vested in the sheriff or the sheriff's designee for purposes of Subsection
(e). 

(e) Authorizes a sheriff, if the sheriff determines that the sale of an
estray under this section is unlikely to generate sufficient proceeds to
cover the expense of the sale, to donate the estray to a nonprofit
organization, or retain the estray and use it for county purposes, instead
of selling the estray.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.