BILL ANALYSIS

C.S.H.B. 1993

By: Hardcastle

Agriculture & Livestock

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The disposition of estrays has become an issue of concern in Texas. C.S.H.B. 1993 amends provisions relating to the redemption process to clarify that both the owner of the estray and the owner or occupant of the public or private property on which the animal is found have an opportunity to recover expenses for holding the estray. The bill also addresses a situation where the owner of an estray may be known but refuses to redeem the estray by establishing a deadline by which an owner of an estray must redeem the estray, after which time the sheriff or the sheriff's designee is required to impound the estray. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1993 amends the Agriculture Code 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. The bill adds as conditions for the owner of the estray to be authorized to redeem the estray from the owner or occupant of public or private property that the owner of the estray and the owner or occupant of the property agree to a redemption payment amount and the owner or occupant of the property receives the redemption payment from the owner of the estray or that a justice court having jurisdiction determines the redemption payment amount and gives the owner of the estray written authority to redeem the estray under the bill's provisions. The bill removes a provision authorizing the owner of an estray to redeem the estray from the owner or occupant of private property by the payment of fees and damages under provisions of law. The bill requires the sheriff or the sheriff's designee, if the owner of the estray does not redeem the estray by the fifth day after the date of notification of the owner, to proceed immediately with the impoundment process, unless the sheriff or the sheriff's designee determines that the owner of the estray is making a good faith effort to comply with the bill's provisions. The bill clarifies that the period during which the estray may not be used for any purpose by the owner or occupant of the property is the impoundment process period. The bill removes a provision authorizing the impoundment of the estray at the request of the property owner if the owner of the estray does not redeem the estray within a reasonable time. The bill specifies that, during the impoundment process period, the estray is prohibited from being used for any purpose by the owner or occupant of the property.

C.S.H.B. 1993 specifies that the owner or occupant of property on which an estray is found, held, or impounded is entitled to receive payment from the owner of the estray under certain conditions, rather than limiting that entitlement to a person on whose property an estray is found.

The bill includes among the circumstances entitling such a property owner or occupant to payment from the owner of an estray the fact that the estray is held or impounded, in addition to being found, on the property. The bill specifies that the occupant of the property, in addition to the property owner, is authorized to accept payment in an agreed amount from the owner of the estray. The bill includes the owner of the estray and the occupant of the property as parties authorized to file a petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee for an estray, and establishes, as a condition for either party to file the petition, that the parties are unable to agree to a redemption payment. The bill requires the justice of the peace to determine the redemption payment amount and give the owner of the estray written authority to redeem the estray on payment of that amount to the owner or occupant of the property.

C.S.H.B. 1993 expands the required contents of a petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee to include the name of the occupant of the property and a statement that the estray owner and the occupant of the property, in addition to the property owner, are unable to agree on the amount of the payment. The bill makes conforming changes.

C.S.H.B. 1993 expands the conditions under which the sheriff or the sheriff's designee is required to impound an estray and hold it for disposition to include the presence of an estray on public property and not redeemed by a certain period after being notified. The bill establishes the deadline by which the estray is required to be redeemed as not later than the fifth day after the date of notification of the owner, rather than within a reasonable time after the notification, and adds an exemption from the requirement that the estray be impounded and held based on a determination by the sheriff or the sheriff's designee that the owner of the estray is making a good faith effort to comply with the bill's provisions relating to either making a redemption payment or redeeming the estray. 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, rather than within one year, after the date of sale of an estray.

C.S.H.B. 1993 repeals Section 142.006(c), Agriculture Code, 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.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1993 contains a provision not included in the original exempting an estray that is not redeemed by the fifth day after the date of notification from the impoundment process based on a determination by the sheriff or the sheriff's designee that the owner of the estray is making a good faith effort to comply with requirements relating to either making a redemption payment or redeeming the estray. The substitute differs from the original by specifying that the period during which an estray is prohibited from being used for any purpose by the owner or occupant of the property is the impoundment process period, whereas the original prohibits use of the estray during an unspecified period of time before the impoundment process begins.

C.S.H.B. 1993 differs from the original by including among the circumstances entitling the owner or occupant of property to payment from the owner of an estray under certain conditions the fact that the estray is held or impounded on such property, whereas the original limits the entitlement to circumstances in which an estray is found on the property.

C.S.H.B. 1993 contains provisions not included in the original specifying that the occupant of the property is authorized to accept payment in an agreed amount from the owner of the estray; including the owner of the estray and the occupant of the property as parties authorized to file a petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee for an estray; and establishing, as a condition for either party to file the petition, that the parties are unable to agree to a redemption payment. The substitute contains a provision not included in the original requiring the justice of the peace to determine the redemption payment amount and give the owner of the estray written authority to redeem the estray on payment of that amount to the owner or occupant of the property.

C.S.H.B. 1993 differs from the original in nonsubstantive ways and by making conforming changes not included in the original.