By Bivins S.B. No. 1901
76R10165 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition or sale of impounded estrays by a
1-3 county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The section heading for Section 142.013,
1-6 Agriculture Code, is amended to read as follows:
1-7 Sec. 142.013. DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.
1-8 SECTION 2. Section 142.013, Agriculture Code, is amended by
1-9 amending Subsection (a) and adding Subsection (e) to read as
1-10 follows:
1-11 (a) If the ownership of an estray is not determined before
1-12 the third day after the date of the final advertisement under this
1-13 chapter or if the estray is not redeemed before the 18th day after
1-14 the date of impoundment, the county has title to the estray and the
1-15 sheriff shall, except as provided by Subsection (e), cause the
1-16 estray to be sold at a sheriff's sale or public auction licensed by
1-17 the United States Department of Agriculture. Title to the estray
1-18 is considered vested in the sheriff or the sheriff's designee for
1-19 purposes of passing good title, free and clear of all claims, to
1-20 the purchaser at the sale or for the purposes of Subsection (e).
1-21 (e) If a sheriff determines that the sale of an estray under
1-22 this section is unlikely to generate sufficient proceeds to cover
1-23 the expense of the sale, the sheriff may, instead of selling the
1-24 estray:
2-1 (1) donate the estray to a nonprofit organization; or
2-2 (2) retain the estray and use it for county purposes.
2-3 SECTION 3. This Act takes effect September 1, 1999.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.