Bill Text: TX SB174 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the control of stray bison and other estrays.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-05-10 - Effective immediately [SB174 Detail]

Download: Texas-2013-SB174-Comm_Sub.html

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By: Estes S.B. No. 174
(In the Senate - Filed January 14, 2013; January 29, 2013,
read first time and referred to Committee on Agriculture, Rural
Affairs, and Homeland Security; March 13, 2013, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 5, Nays 0; March 13, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 174 By: Estes

A BILL TO BE ENTITLED
AN ACT
relating to the control of stray bison and other estrays.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.001, Agriculture Code, is amended by
amending Subdivision (1) and adding Subdivision (2) to read as
follows:
(1) "Estray" means stray livestock, stray exotic
livestock, stray bison, or stray exotic fowl.
(2) "Perilous condition" means a circumstance or
condition in which capture and impoundment of an estray presents an
immediate threat to law enforcement personnel or to the health of
the estray.
SECTION 2. Section 142.003, Agriculture Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) After receiving a report under Subsection (a) [of this
section] that an estray has been discovered on public property, the
sheriff or the sheriff's designee shall notify the owner, if known,
that the estray's location has been reported, except that if the
sheriff or the sheriff's [his] designee determines that the estray
is dangerous to the public, the sheriff or the sheriff's designee
[he] may immediately impound the estray without notifying the
owner[. If the owner does not immediately remove the estray, the
sheriff or the sheriff's designee shall proceed with the
impoundment process prescribed by Section 142.009 of this code].
(d) If the owner does not immediately remove the estray:
(1) the sheriff or the sheriff's designee may proceed
with the impoundment process prescribed by Section 142.009; or
(2) if a perilous condition exists, the sheriff or the
sheriff's designee may proceed with disposition of the estray under
Section 142.015.
SECTION 3. Chapter 142, Agriculture Code, is amended by
adding Section 142.015 to read as follows:
Sec. 142.015. DISPOSITION OF ESTRAY UNDER PERILOUS
CONDITION. (a) A sheriff or a sheriff's designee is not required
to impound an estray if a perilous condition exists.
(b) If a perilous condition exists, the sheriff or the
sheriff's designee may immediately dispose of the estray by any
means without notifying the owner of the estray.
(c) The sheriff shall make a written report of the
disposition and file the report with the county clerk for placement
in the county estray records.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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