AN ACT
 1-1     relating to the disposition or sale of impounded estrays by a
 1-2     county.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  The section heading for Section 142.013,
 1-5     Agriculture Code, is amended to read as follows:
 1-6           Sec. 142.013.  DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.
 1-7           SECTION 2.  Section 142.013, Agriculture Code, is amended by
 1-8     amending Subsection (a)  and adding Subsection (e) to read as
 1-9     follows:
1-10           (a)  If the ownership of an estray is not determined before
1-11     the third day after the date of the final advertisement under this
1-12     chapter or if the estray is not redeemed before the 18th day after
1-13     the date of impoundment, the county has title to the estray and the
1-14     sheriff shall, except as provided by Subsection (e), cause the
1-15     estray to be sold at a sheriff's sale or public auction licensed by
1-16     the United States Department of Agriculture.  Title to the estray
1-17     is considered vested in the sheriff or the sheriff's designee for
1-18     purposes of passing good title, free and clear of all claims, to
1-19     the purchaser at the sale or for the purposes of Subsection (e).
1-20           (e)  If a sheriff determines that the sale of an estray under
1-21     this section is unlikely to generate sufficient proceeds to cover
1-22     the expense of the sale, the sheriff may, instead of selling the
1-23     estray:
1-24                 (1)  donate the estray to a nonprofit organization; or
 2-1                 (2)  retain the estray and use it for county purposes.
 2-2           SECTION 3.  This Act takes effect September 1, 1999.
 2-3           SECTION 4.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1901 passed the Senate on
         May 17, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1901 passed the House on
         May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor