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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