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A BILL TO BE ENTITLED
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AN ACT
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relating to the redemption and impoundment of estrays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.004, Agriculture Code, is amended to |
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read as follows: |
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Sec. 142.004. REDEMPTION. (a) The owner of the estray may |
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redeem the estray from the owner or occupant of public or private |
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property if: |
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(1) the owner of the estray and the owner or occupant |
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of the property agree to a redemption payment amount and the owner |
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or occupant of the property receives the redemption payment from |
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the owner of the estray; or |
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(2) a justice court having jurisdiction determines the |
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redemption payment amount under Section 142.006 and gives the owner |
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of the estray written authority to redeem the estray [by the payment
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of fees and damages as provided by this chapter]. |
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(b) If the owner of the estray does not redeem the estray not |
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later than the fifth day [within a reasonable time] after the date |
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of notification, the sheriff or the sheriff's designee shall[, at
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the request of the property owner,] proceed immediately with the |
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impoundment process prescribed by Section 142.009 [of this code]. |
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During that period, the estray may not be used for any purpose by |
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the owner or occupant of the property. |
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SECTION 2. Section 142.006(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The owner or occupant of [A person on whose] property on |
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which an estray is found is entitled to receive from the owner of |
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the estray the payment of a reasonable amount for maintenance and |
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damages, if the original notice of the discovery of the estray was |
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given to the sheriff not later than the fifth day after the date of |
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discovery. |
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SECTION 3. Section 142.009(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The sheriff or the sheriff's designee shall impound an |
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estray and hold it for disposition as provided by this chapter if: |
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(1) the owner of the estray is unknown; |
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(2) the sheriff or the sheriff's designee is unable to |
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notify the owner; |
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(3) the estray is dangerous to the public; |
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(4) the estray is located on public property and after |
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notification is not immediately removed by the owner; or |
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(5) the estray is located on public or private |
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property and is not redeemed not later than the fifth day [within a
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reasonable time] after the date of notification. |
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SECTION 4. Section 142.014, Agriculture Code, is amended to |
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read as follows: |
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Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Not |
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later than the 180th day [Within one year] after the date of sale of |
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an estray under this chapter, the original owner of the estray may |
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recover the net proceeds of the sale if: |
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(1) the owner has provided the sheriff with an |
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affidavit of ownership containing the information prescribed by |
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[Subsection (b) of] Section 142.010(b) [142.010 of this code]; |
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(2) the sheriff has approved the affidavit; |
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(3) the approved affidavit has been filed in the |
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estray records of the county clerk; and |
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(4) the sheriff has signed a county voucher directing |
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the payment. |
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SECTION 5. Section 142.006(c), Agriculture Code, is |
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repealed. |
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SECTION 6. The change in law made by Section 142.014, |
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Agriculture Code, as amended by this Act, applies only to a sale of |
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an estray occurring on or after the effective date of this Act. A |
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sale of an estray occurring before the effective date of this Act is |
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subject to the law in effect on the date of the sale, and that law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2011. |