reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.001. Definitions

Sec. 142.001.  DEFINITIONS.  In this chapter:
(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.
(3)  "Person" does not include the government or a governmental agency or subdivision.
(4)  "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families but not including a mammal defined by Section 63.001, Parks and Wildlife Code, as a game animal, or by Section 71.001, Parks and Wildlife Code, as a fur-bearing animal, or any other indigenous mammal regulated by the Parks and Wildlife Department as an endangered or threatened species.  The term does not include a nonindigenous mammal located on publicly owned land.
(5)  "Exotic fowl" means any avian species that is not indigenous to this state.  The term includes ratites but does not include a bird defined by Section 64.001, Parks and Wildlife Code, as a game bird or any other indigenous bird regulated by the Parks and Wildlife Department as an endangered or threatened species.  The term does not include nonindigenous birds located on publicly owned land.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 203, Sec. 1, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 15 (S.B. 174), Sec. 1, eff. May 10, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.002. Rights of Occupant Other Than Owner

Sec. 142.002.  RIGHTS OF OCCUPANT OTHER THAN OWNER.  A person has the rights of an owner of property under this chapter if he is a part owner, a lessee, an occupant, or a caretaker of land or premises, but an owner and an occupant of the same property may not recover for the same damage.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.0021. Ownership of Exotic Wildlife and Fowl

Sec. 142.0021.  OWNERSHIP OF EXOTIC WILDLIFE AND FOWL.  A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.
Added by Acts 1993, 73rd Leg., ch. 203, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.003. Discovery of Estray; Notice

Sec. 142.003.  DISCOVERY OF ESTRAY;  NOTICE.  (a)  If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b)  After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c)  After receiving a report under Subsection (a) 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 designee determines that the estray is dangerous to the public, the sheriff or the sheriff's designee may immediately impound the estray without notifying the owner.
(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.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 15 (S.B. 174), Sec. 2, eff. May 10, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.004. Redemption

Sec. 142.004.  REDEMPTION.  (a)  The owner of the estray may redeem the estray from the owner or occupant of public or private property if:
(1)  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
(2)  a justice court having jurisdiction determines the redemption payment amount and gives the owner of the estray written authority to redeem the estray under Section 142.006.
(b)  If the owner of the estray does not redeem the estray not later than the fifth day after the date of notification, the sheriff or the sheriff's designee shall proceed immediately with the impoundment process prescribed by Section 142.009 unless the sheriff or the sheriff's designee determines that the owner of the estray is making a good faith effort to comply with Subsection (a).  During the impoundment process period, the estray may not be used for any purpose by the owner or occupant of the property.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.005. Collection Fee

Sec. 142.005.  COLLECTION FEE.  (a)  If the sheriff or the sheriff's designee is present at the time of the collection of the estray, the sheriff or the sheriff's designee may require the owner of the estray to pay before the estray is removed a collection fee in an amount set by the sheriff not to exceed $25.
(b)  A person who disagrees with the amount of the fee set by the sheriff under Subsection (a) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.006. Amount of Redemption Payment

Sec. 142.006.  AMOUNT OF REDEMPTION PAYMENT.  (a)  The owner or occupant of property on which an estray is found, held, or impounded is entitled to receive from the owner of the estray the payment of a reasonable amount for maintenance and damages, if the original notice of the discovery of the estray was given to the sheriff not later than the fifth day after the date of discovery.
(b)  The owner or occupant of the property may  accept payment in an agreed amount from the owner of the estray.
(b-1)  If the owner of the estray and the owner or occupant of the property are unable to agree to a redemption payment, either party may  file a petition under Section 142.007 in the justice court having jurisdiction and have the amount of the payment determined by the justice of the peace.  The justice of the peace shall 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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 191, Sec. 7, eff. September 1, 2011.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.007. Justice Court Petition

Sec. 142.007.  JUSTICE COURT PETITION.  A petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee must contain the following information:
(1)  the name of the owner of the estray;
(2)  a description of the estray;
(3)  the number of days the estray was trespassing;
(4)  the name of the owner or occupant of the property;
(5)  the purpose for which the land on which the trespass occurred is used; and
(6)  a statement that the estray owner and the owner or occupant of the property are unable to agree on the amount of the payment.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.008. Appeal of Court Award

Sec. 142.008.  APPEAL OF COURT AWARD.  (a)  If either the owner of the estray or the owner or occupant of the public or private property disagrees with a justice's assessment of the payment amount under Section 142.005(b) or 142.006(b-1), the amount in question shall be finally determined according to the procedure prescribed by this section.
(b)  The complainant begins the appeal by filing a petition that gives the information listed in Section 142.007 of this code.
(c)  The justice of the peace shall appoint three disinterested persons familiar with livestock and agriculture who reside in the county as special commissioners to determine the amount owed, if any, to the owner of the property or the sheriff, taking into account the time of the notice of discovery given by the property owner.
(d)  At the request of the special commissioners for their proceedings, the justice of the peace may compel the attendance of witnesses and the production of testimony, administer oaths, and punish for contempt.  The commissioners' decision as to the amount of any payment is final.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.009. Impoundment of Estray

Sec. 142.009.  IMPOUNDMENT OF ESTRAY.  (a)  The sheriff or the sheriff's designee shall impound an estray and hold it for disposition as provided by this chapter if:
(1)  the owner of the estray is unknown;
(2)  the sheriff or the sheriff's designee is unable to notify the owner;
(3)  the estray is dangerous to the public;
(4)  the estray is located on public property and after notification is not immediately removed by the owner; or
(5)  the estray is located on public or private property and is not redeemed not later than the fifth day  after the date of notification, unless the sheriff or the sheriff's designee determines that the owner of the estray is making a good faith effort to comply with Section 142.004(a).
(b)  After impounding an estray, the sheriff or sheriff's designee shall prepare a notice of estray stating at least:
(1)  the name and address of the person who reported the estray to the sheriff;
(2)  the location of the estray when found;
(3)  the location of the estray until disposition;  and
(4)  a description of the animal, including its breed, if known, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics.
(c)  The sheriff or sheriff's designee shall file each notice of estray in the estray records in the office of the county clerk.
(d)  If the owner of the estray is unknown, the sheriff or the sheriff's designee shall make a diligent search for the identity of the owner of the estray, including a search in the county register of recorded brands, if the animal has an identifiable brand.  If the search does not reveal the owner, the sheriff shall post a notice of the impoundment of the estray on the public notice board of the courthouse and advertise the impoundment of the estray:
(1)  in a newspaper of general circulation in the county at least twice during the 15 days after the date of impoundment; or
(2)  on the county's Internet website for at least 15 days after the date of impoundment.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 75 (H.B. 2042), Sec. 1, eff. May 20, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.010. Recovery of Impounded Estray by Owner

Sec. 142.010.  RECOVERY OF IMPOUNDED ESTRAY BY OWNER.  (a)  The owner of an estray may recover possession of the estray at any time before the estray is sold under this chapter if:
(1)  the owner has provided the sheriff or the sheriff's designee with an affidavit of ownership under this section;
(2)  the sheriff or the sheriff's designee has approved the affidavit of ownership;
(3)  the approved affidavit of ownership has been filed in the estray records of the county clerk;
(4)  the owner has paid all estray handling expenses under this section;
(5)  the owner has executed an affidavit of receipt of estray under this section and delivered it to the sheriff;  and
(6)  the sheriff has filed the affidavit of receipt of estray in the estray records of the county clerk.
(b)  An affidavit of ownership must contain at least the following information:
(1)  the name and address of the owner;
(2)  the date the owner discovered that the animal was an estray;
(3)  the property from which the animal strayed;
(4)  a description of the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics;  and
(5)  a sworn statement that the affiant is the owner or caretaker of the animal.
(c)  The owner of the estray shall pay the expenses incurred by a person or by a sheriff, sheriff's designee, or the county in impounding, handling, seeking the owner of, or selling the estray.  The sheriff is also entitled to a collection fee as provided by Section 142.005 of this code.  The total amount of the payment is determined by the sheriff.
(d)  A person who disagrees with the amount of the payment set by the sheriff in Subsection (c) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
(e)  An affidavit of receipt of estray must contain at least the following information:
(1)  the name and address of the person receiving the estray;
(2)  the date of receipt of the estray;
(3)  the method of claim to the estray, either previous owner or purchaser at sale;
(4)  if purchased at sale, the amount of the gross purchase price of the estray;
(5)  the estray handling expenses paid;  and
(6)  the net proceeds of any sale of the estray.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.011. Use of Estray

Sec. 142.011.  USE OF ESTRAY.  During the period an estray is held by the sheriff, the estray may not be used for any purpose.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.012. Escape or Death of Impounded Estray

Sec. 142.012.  ESCAPE OR DEATH OF IMPOUNDED ESTRAY.  If the animal dies or escapes while impounded, the sheriff shall make a written report of the death or escape and file the report with the county clerk for placement in the county estray records.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.013. Disposition or Sale of Impounded Estrays

Sec. 142.013.  DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.  (a)  If the ownership of an estray is not determined before the third day after the date of the final advertisement under this chapter or if the estray is not redeemed before the 18th day after the date of impoundment, the county has title to the estray and the sheriff shall, except as provided by Subsection (e), cause the estray to be sold at a sheriff's sale or public auction licensed by the United States Department of Agriculture.  Title to the estray is considered vested in the sheriff or the sheriff's designee for purposes of passing good title, free and clear of all claims, to the purchaser at the sale or for the purposes of Subsection (e).
(b)  The sheriff shall receive the proceeds of the sale and shall allocate those proceeds in the following order of priority:
(1)  payment of the expenses of sale;
(2)  payment of the impoundment fee and other charges due the sheriff;  and
(3)  if applicable, payment of any amount for maintenance and damages due the owners of the private property from which the estray was impounded.
(c)  The sheriff shall execute a report of sale of impounded livestock and file the report in the estray records of the county clerk.
(d)  If there are sale proceeds remaining from the sale of an impounded estray after all expenses have been paid, the sheriff shall pay the balance to the owner, if known.  If the owner is still unknown, the sheriff shall pay the balance to the county official charged with collecting and disbursing county funds, who shall deposit any payment received to the credit of the jury fund of the county for the uses made of that fund, subject to claim by the original owner of the estray.
(e)  If a sheriff determines that the sale of an estray under this section is unlikely to generate sufficient proceeds to cover the expense of the sale, the sheriff may, instead of selling the estray:
(1)  donate the estray to a nonprofit organization;  or
(2)  retain the estray and use it for county purposes.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 1329, Sec. 1, 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.014. Recovery by Owner of Proceeds of Sale

Sec. 142.014.  RECOVERY BY OWNER OF PROCEEDS OF SALE.  Not later than the 180th day after the date of sale of an estray under this chapter, the original owner of the estray may recover the net proceeds of the sale if:
(1)  the owner has provided the sheriff with an affidavit of ownership containing the information prescribed by Section 142.010(b);
(2)  the sheriff has approved the affidavit;
(3)  the approved affidavit has been filed in the estray records of the county clerk; and
(4)  the sheriff has signed a county voucher directing the payment.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 191 (S.B. 1357), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 142 - Estrays › Section 142.015. Disposition of Estray Under Perilous Condition

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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 15 (S.B. 174), Sec. 3, eff. May 10, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter A. Fencing of Cultivated Land › Section 143.001. Sufficient Fence Required

Sec. 143.001.  SUFFICIENT FENCE REQUIRED.  Except as provided by this chapter for an area in which a local option stock law has been adopted, each gardener or farmer shall make a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.
Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter A. Fencing of Cultivated Land › Section 143.002. Gate

Sec. 143.002.  GATE.  A person may not build, join, or maintain around cleared land in cultivation more than three miles lineal measure of fence running the same general direction without a gate that is at least 10 feet wide and is unlocked.
Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter A. Fencing of Cultivated Land › Section 143.003. Cattle on County Road With Cattle Guard

Sec. 143.003.  CATTLE ON COUNTY ROAD WITH CATTLE GUARD.  Cattle on a county road are not considered to be running at large if the county road:
(1)  separates two tracts of land under common ownership or lease; and
(2)  contains a cattle guard constructed as authorized under Section 251.009, Transportation Code, that serves as part of the fencing of the two tracts.
Added by Acts 2007, 80th Leg., R.S., Ch. 339 (S.B. 66), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.021. Petition for Election

Sec. 143.021.  PETITION FOR ELECTION.  (a)  In accordance with this section, the freeholders of a county or an area within a county may petition the commissioners court to conduct an election for the purpose of determining if horses, mules, jacks, jennets, donkeys, hogs, sheep, or goats are to be permitted to run at large in the county or area.
(b)  A petition for a countywide election must be signed by at least 50 freeholders.  Except as otherwise provided by Subsection (c) of this section, a petition for an election in an area within a county must be signed by at least 20 freeholders.
(c)  A petition for an election in an area may be signed by a majority of the freeholders in the area if the area has fewer than 50 freeholders and is between two areas of the county that have previously adopted this subchapter or is adjacent to another area, in that county or another county, that has adopted this subchapter.  If the petitioning area is adjacent to an area in another county, the freeholders shall petition the commissioners court of the county in which the petitioning area is located.
(d)  The petition must:
(1)  clearly state each class of animal that the petitioners seek to prohibit from running at large;  and
(2)  describe the boundaries of the area in which the election is to be held, if the election is to be less than countywide.
Acts 1981, 67th Leg., p. 1340, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 2.003, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.022. Election Orders

Sec. 143.022.  ELECTION ORDERS.  (a)  After receiving a petition under this subchapter, the commissioners court at its next regular term shall order that an election be held throughout the county or in the petitioning area, as determined by the petition.  The order shall designate a date for the election that is not less than 30 days after the date of the order.
(b)  Immediately after passage of a commissioners court order for an election, the county judge shall issue an order for the election that specifies:
(1)  the petition and the action of the commissioners court;
(2)  each class of animal that is not to be permitted to run at large;
(3)  the territorial limits of the area to be affected;
(4)  the date of the election;  and
(5)  the location of the polls.
(c)  The county judge shall give public notice of the election by publishing the order under Subsection (b) of this section in a newspaper published in the county.  If no newspaper is published in the county, a copy of the order shall be posted at the courthouse door and at a public place in each justice precinct for a countywide election or at three public places in the petitioning area for an election to be held in an area of the county.  Notice must be given for at least 30 days before the date of the election.
Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.023. Election

Sec. 143.023.  ELECTION.  (a)  If the election is not countywide, the county judge at the time the election order is issued shall appoint election officers for the election.  In order to serve as an election officer, a person must be a freeholder of the county and a qualified voter.  The election officers may appoint their own clerks.
(b)  If the election is countywide, it shall be held at the usual voting places in the election precincts.  If the election is not countywide, the county judge shall designate the particular places in the petitioning area at which the polls are to be open.
(c)  In order to vote at an election, a person must be a freeholder and a qualified voter.
(d)  Ballots for the election shall be printed to provide for voting for or against the proposition, "Letting ______ run at large," with the blank space printed with the name of each animal designated in the election order.
(e)  The election officers shall make returns to the county judge of all votes cast for each proposition not later than the 10th day after the day of the election.  The commissioners court shall open, tabulate, and count the returns in the manner provided for general elections in this state.  The county judge shall immediately issue a proclamation declaring the result and post the proclamation at the courthouse door.
Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.024. Effect of Election; Adoption of Subchapter

Sec. 143.024.  EFFECT OF ELECTION;  ADOPTION OF SUBCHAPTER.  (a)  If a majority of the votes in an election are cast against the proposition, this subchapter is adopted and, after the 30th day following the date on which the proclamation of results is issued, a person may not permit any animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.
(b)  Sections 143.028-143.034 of this code apply only in the county or area in which this subchapter has been adopted.
Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.025. Subsequent Elections to Adopt Subchapter

Sec. 143.025.  SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER.  (a)  Except as provided by Subsection (b) of this section, if this subchapter is not adopted at an election, another election for that purpose may not be held in the county or area in which the election was held earlier than one year after the date of the election.
(b)  Defeat of adoption of this subchapter at a countywide election does not prevent another election for that purpose from being held immediately thereafter for an area within the county.  Defeat of adoption of this subchapter at an election held in an area within a county does not prevent a countywide election for that purpose from being held immediately thereafter.
Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.026. Repeal

Sec. 143.026.  REPEAL.  (a)  The freeholders of a county or an area in which this subchapter has been adopted may petition the commissioners court to conduct an election for repeal of that adoption.  The petition must be signed by a majority of the freeholders who are qualified voters in the county or area subject to this subchapter.
(b)  An election under this section shall be ordered and conducted, the returns shall be made, and the results shall be declared in the same manner provided by this subchapter for an election to adopt this subchapter.
(c)  An election under this section may not be held earlier than two years after the date of the last election under this subchapter in the applicable county or area.
(d)  If at an election under this section a majority of the votes are cast for allowing the named animals to run at large, after the expiration of 180 days after the date of the proclamation of results a person may permit an animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.  If a majority of the votes are cast against letting the named animals run at large, the operation of this subchapter in the county or area is not affected.
Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.027. Extension of Subchapter to Adjoining Area by Order

Sec. 143.027.  EXTENSION OF SUBCHAPTER TO ADJOINING AREA BY ORDER.  A commissioners court by order shall extend application of this subchapter to territory that is between two areas of the county that have adopted this subchapter or is adjacent to an area, in that county or in another county, that has adopted this subchapter if:
(1)  there are fewer than 20 freeholders in the territory and a majority of the owners of the land in the territory petition the court to extend application of this subchapter to that area;
(2)  there are no freeholders in the territory and the owners of the land petition the commissioners court to extend application of this subchapter to that territory;  or
(3)  a person who owns land that is adjacent to land to which this subchapter has been extended petitions the court to extend application of this subchapter to that person's land.
Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.028. Fences

Sec. 143.028.  FENCES.  (a)  A person is not required to fence against animals that are not permitted to run at large.  Except as otherwise provided by this section, a fence is sufficient for purposes of this chapter if it is sufficient to keep out ordinary livestock permitted to run at large.
(b)  In order to be sufficient, a fence must be at least four feet high and comply with the following requirements:
(1)  a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts;
(2)  a picket fence must consist of pickets that are not more than six inches apart;
(3)  a board fence must consist of three boards not less than five inches wide and one inch thick;  and
(4)  a rail fence must consist of four rails.
(c)  The freeholders of the county or area may petition the commissioners court for an election to determine whether three barbed wires without a board are to constitute a sufficient fence in the county or area.  The election shall be conducted in the same manner and is governed by the same provisions of this subchapter provided for elections on the adoption of this subchapter.
Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.033. Injury to Trespassing Animal

Sec. 143.033.  INJURY TO TRESPASSING ANIMAL. If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, jennet, sheep, or goat, or procures the maiming, wounding, or killing of one of those animals, by any means, including a gun or a dog, the person is liable to the owner of the animal for damages.  This section does not authorize a person to maim, wound, or kill any horse, mule, jack, jennet, sheep, goat, or head of cattle of another person.
Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 958 (H.B. 1819), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter B. Local Option to Prevent Certain Animals From Running at Large › Section 143.034. Penalty

Sec. 143.034.  PENALTY.  (a)  A person commits an offense if the person knowingly:
(1)  turns out or causes to be turned out on land that does not belong to or is not under the control of the person an animal that is prohibited from running at large under this subchapter;
(2)  fails or refuses to keep up an animal that is prohibited from running at large under this subchapter;
(3)  allows an animal to trespass on the land of another in an area or county in which the animal is prohibited from running at large under this subchapter;  or
(4)  as owner, agent, or person in control of the animal, permits an animal to run at large in an area or county in which the animal is prohibited from running at large under this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 51, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.051. Petition for Election

Sec. 143.051.  PETITION FOR ELECTION.  (a)  The freeholders of a county or an area that has adopted Subchapter B of this chapter or the freeholders of an area that is between two areas of a county that have adopted Subchapter B of this chapter may petition the commissioners court to conduct an election for the purpose of determining whether hogs are to be permitted to run at large in the county or area for a period beginning on November 15 of each year and ending on February 15 of the following year.
(b)  A petition for a countywide election must be signed by at least 50 freeholders.  A petition for an election in an area of a county that has adopted Subchapter B of this chapter must be signed by at least 20 freeholders.  A petition for an election in an area that is between two areas that have adopted Subchapter B of this chapter and in which there are fewer than 50 freeholders must be signed by a majority of the freeholders in the area.
(c)  If the election is to be less than countywide, the petition must describe the boundaries of the area in which the election is to be held in the same manner as the description provided for the election on adoption of Subchapter B of this chapter.
Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.052. Election Orders

Sec. 143.052.  ELECTION ORDERS.  (a)  After receiving a petition under this subchapter, the commissioners court shall order an election to be held throughout the county or in the petitioning area, as determined by the petition.  The order may be entered at a regular or special meeting of the court and shall designate a date for the election that is not less than 30 days after the date of the order.
(b)  Immediately after passage of a commissioners court order for an election, the county judge shall issue an order for the election that specifies:
(1)  the petition and action of the commissioners court;
(2)  the classes of animals that are to be allowed a limited period of free range;
(3)  the period in which the animals are to have free range;
(4)  the territorial limits of the area to be affected;
(5)  the day of the election;  and
(6)  the location of the polls.
(c)  The county judge shall give public notice of the election in the manner provided by Section 143.022 of this code for an election on the adoption of Subchapter B of this chapter.
Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.053. Election

Sec. 143.053.  ELECTION.  (a)  Except as provided by this section, the election shall be conducted, the returns made, and the results declared in accordance with Section 143.023 of this code and the laws regulating general elections.
(b)  The ballots for the election shall be printed to provide for voting for or against the proposition, "The limited period of free range for hogs."
Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.054. Effect of Election

Sec. 143.054.  EFFECT OF ELECTION.  If a majority of the votes cast are for the limited period of free range for hogs, after the 10th day following the date on which the proclamation is issued a person may permit hogs to run at large in the county or area in which the election was held during the period beginning on November 15 of each year and ending on February 15 of the following year.
Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.055. Subsequent Elections to Adopt or Repeal Free Range

Sec. 143.055.  SUBSEQUENT ELECTIONS TO ADOPT OR REPEAL FREE RANGE.  (a)  Except as provided by Subsection (b) of this section, if an election is held under this subchapter another election for the purpose of adopting or repealing the limited period of free range may not be held in that county or area within two years after the date of the election.
(b)  If the limited period of free range is defeated at a countywide election, this section does not prohibit another election on the proposition from being held immediately thereafter for an area within the county.  If the limited period of free range is defeated at an election in an area within a county, no other election covering that area may be held except an election in the same area, which must be held at least one year after the prior election.
(c)  If at a subsequent election in a county or area that has adopted the limited period of free range the majority of votes are cast against the proposition, the limited period of free range is repealed and a person may not permit hogs to run at large in that county or area effective on the 11th day following the day on which the proclamation is issued.  If the majority of the votes are cast for the proposition, the operation of the limited period of free range is not affected.
Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter C. Local Option Limited Free Range for Hogs › Section 143.056. Combined Elections

Sec. 143.056.  COMBINED ELECTIONS.  An election under this subchapter may be held at the same time as an election under Subchapter B of this chapter, but the propositions must be submitted and voted on as separate issues and the returns and proclamations of results must be separate for each proposition.
Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.071. Petition for Election

Sec. 143.071.  PETITION FOR ELECTION.  (a)  In accordance with this section, the freeholders of a county or an area within a county may petition commissioners court to conduct an election for the purpose of determining if cattle are to be permitted to run at large in the county or area.
(b)  The freeholders of any political subdivision of Bastrop, Blanco, Clay, Collin, DeWitt, Gonzales, Gillespie, Guadalupe, Parker, or Wise County may petition the commissioners court to conduct an election in the subdivision for the purpose of determining if domestic turkeys are to be permitted to run at large in the subdivision.
(c)  A petition for a countywide election on the running at large of cattle must be signed by at least 35 freeholders.  Except as provided by Subsection (d) of this section, a petition for an election on the running at large of cattle in an area within a county must be signed by at least 15 freeholders.  A petition for an election on the running at large of domestic turkeys must be signed by at least 25 freeholders.
(d)  A petition for an election in an area may be signed by a majority of the freeholders in the area if the area has fewer than 50 freeholders and is between two areas of the county that have previously adopted this subchapter.
(e)  A petition must:
(1)  clearly state each class of animal that the petitioners seek to prohibit from running at large;  and
(2)  describe the boundaries of the area in which the election is to be held, if the election is to be less than countywide.
Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.072. Exceptions; Countywide Elections

Sec. 143.072.  EXCEPTIONS;  COUNTYWIDE ELECTIONS.  The following counties may not conduct a countywide election on the running at large of cattle:  Andrews, Coke, Culberson, Hardin, Hemphill, Hudspeth, Jasper, Jefferson, Kenedy, Kinney, LaSalle, Loving, Motley, Newton, Presidio, Roberts, Schleicher, Terry, Tyler, Upton, Wharton, or Yoakum.
Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.073. Election

Sec. 143.073.  ELECTION.  (a)  Except as provided by this section, the election is governed by Sections 143.022 and 143.023 of this code.
(b)  The ballot shall be printed to provide for voting for or against the proposition:  "Adoption of the stock law."
(c)  The county judge shall open, tabulate, and count the returns in the presence of the county clerk and at least one justice of the peace of the county or in the presence of at least two respectable freeholders of the county.  Following that, an order showing the results of the election shall be recorded in the minutes of the commissioners court.  The order is prima facie evidence that the requirements of this chapter have been complied with in relation to presenting the petition, ordering the election by the commissioners court, giving notice, holding the election, counting and returning votes, and declaring the results.  If the result is in favor of the proposition, after the expiration of 30 days after the date of the order, the order is prima facie evidence that the proclamation required by law has been made and published.
Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 143 - Fences; Range Restrictions › Subchapter D. Local Option to Prevent Cattle or Domestic Turkeys From Running at Large › Section 143.074. Effect of Election; Adoption of Subchapter

Sec. 143.074.  EFFECT OF ELECTION;  ADOPTION OF SUBCHAPTER.  (a)  If a majority of the votes cast in an election are for the proposition, this subchapter is adopted and, after the 30th day following the date on which the proclamation of results is issued, a person may not permit any animal of the class mentioned in the proclamation to run at large in the county or area in which the election was held.
(b)  Sections 143.077-143.082 of this code apply only in a county or area in which this subchapter has been adopted.
Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1, 1981.