~ ~
ITEM 2.20
CONSIDER AND DISCUSS CITY OF KERRVILLE
ESTRAY ISSUES, RELATIVE TO ANIMAL CONTROL
SERVICES (CTY. JUDGE)
DISCUSSED BY COURT WITH SHERIFF.
MR. HOLEKAMP TO REPORT BACK WITH VOLUME OF
CALLS OF ESTRAY ANIMALS IN CITY.
VOL. V PAGE 880
[tem i'. lf~J iv (,tl<.a:i.d(:~'r ~~tlcl disc,u<,<, C.:i.t,y (:r'f f;e'r•rv:i.ltE_> 1:~?s'tr4ay
it>?due?_. 'relative t(:a Glrt:i.nta2 (:'c,ntrc~l 5(:a•rvic.E•as,. !C~caunty J~tciq~:~7
Thai<.a :item w~:<<, disar_u?a<.(~=d Fay file f:~nt.t•rt with thc} Sheriff t(~
hat•tcile East•r•ay :in 'the Ccauntye E'~nimal C'catlt•rc;l tca hatldJ.e r•~~~>t:ray
in th(y t.: it`y W:L'th 'th(? heli_~ (~'F the Sher:i'ff° ~~ De~aa'r'tntr•.rrtt. Gl;ar~~`t
F~i(:aleak.amN :ie. to c:cante taac•k. tca Cc~u•rt. with a reE~crrt (:af the vc,l.(.(mE:•
(7f ('~c'~115 (J 'F e`:'s't'f`dy atlln7al?= :L Yt 'til(? ~..l.ty,~
COMMISSIONERS' COURT AGENDA REQUEST
!'`.PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
DE BY: Robert A. Denson
STING DATE: December 14 1998
3JECT: (PLEASE BE SPECIFIC)
OFFICE: County Judge
TIME PREFERRED:
Consider and discuss City of Kerrville Estray issues relative to Animal Control Services.
ECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ME OF PERSON ADDRESSING THE COURT:
CIMATED LENGTH OF PRESENTATION:
'ERSONNEL MATTER -NAME OF EMPLOYEE:
County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Monday.
1S REQUEST RECEIVED BY:
1S REQUEST RECEIVED ON:

Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
pared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
reciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
opted by Commissioners' Court.
r
Agriculture Code (Pocket Part)

r,..,
~ 141.149 ANIMAL. PROD_ UCTS
Title 6
Section Section .,~ ,< : , ..
142.008. Appeal of Court Award. 142A11. Use of Estray. ~ ~ ~ ~ .. ~ •
142.009. Impoundment of Eatray. 142.012. 'Escape or~iksth of Impounded ~Estray.
142.010. &ernvery bf Impounded Estray by 142.013. - Sale of Impounded Estrays.
~~ 142A14. ,~3aie~ by Owner• of;Proceeds of
' .. . ... .. ... .. ..-. .. i t~. .. t~r. +~
Chapter 14~ tars amended bYl Acts 1987, 70fA I.eg., ch. 51, e,8': Septernber.l, 1987 _
TABLE .:. ... - '..
Showing where the subject matter of provisions rnntained in former Chapter 142 may be .
found in Chapter 142 as amended by Acts 198'7, '70th Leg. ch. 51, eg September 1, 198?.
Fonmr New Fomwr - ~ - " ~ NNs
9ktlona Saetlons 8~tlona _ ... -... ...: Soetbns
142.001 .................................. - 142.006.....:..............:....;-....,,.142A10
142.002 ................................142.001 142.007............,...................142.013
142.003 ........................ 142.003,142009 142.008..:...'.............:..::'.......:142.014
...
142004 ................................142.009 142.009.......'............:......:.......
142.OOb ................................142.009 142.010........................ 142.004,.142.011
142.011 ................................142.012
Library References
Estrays, see Brooks, 36 Texas Practice $35.7.
WESTLAW Electronic Research ""
See WESTLAW Electronic Research Guide fol-
lowing the Preface. , , - . .
~ 142.001. Definitions {
In this chapter. .
(1) "Estray" means stray livestock, stray exotic livestock, or. stray exotic fowl.
(2) "Livestock" means a horse, stallion, mare, gelding, filly, co14 mule, hinny, jack,
jennet, hog, sheep, goat, or a head of any species of cattle.
(3) "Person" does not include the government or a governmental agency or subdivision.
(4) "Exotic livestock" means grass~ating or plant~ating, 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 Wt~dlife Code, as afar-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 lorsted 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 nonin-
digenous birds located on publicly owned laud.
Amended by Acts 1987, 70th Leg., ch. 51, $ 1, eff, Sept 1, 1987; Acts 1993, 73rd Leg, ch. 203, $ 1, eff.
Sept 1, 1993.
Historical and Statutory Notes
1987 Legislation '"This Act takes effect September 1, 1987, and
~ Secton 6(a) of the 1987 amendatory act pro- aPP~ ody to estrays that are discovered on or
vides: after that date. An animal that is~ an astray and
that is disrnvered before the effective date of this
50

~^~
ANIMAL PRODUCTI3 ~ 142.003
Title 6
Act is covered by the law in effect when the astray Derivation:
was diseovet+ed, and the former law is contimted in
effect for this pttrpose." . Former i 142002
§ 142.002. Rights of Occupant Other Than Owner
A person has the rights of an owner of property under this chapter if be is a part owner, a
lessee, an occupant, or a caretaker of land or premises, bat an owner and an occupant of the
same property may not recover for the same damage.
Amended by Acts 198?, 70th Leg» ch. 51.4 1, eff. Sept 1.1987.
§ 142.0021. Ownership of Ezotic Wildlife and Fowl
A person may claim to be the owner of exotic livestock or exotic fowl under this chapter
otdy if the animal is tagged. branded, bazlded, 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, $ 2, eg Sept 1,1993.
I
Cross References
Theft of exotic livestock or fowl, see V.T.C.A.,
Penal Code $ 31.03.
§ 142.003. Discovery of Estray; Notice
(a) I[ an astray, 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, ae soon as
reasonably possible, report the presence of the astray to the sheriff of the county in which the
astray is discovered.
(b) After receiving a repdrt under Subsection (a) of this section that an astray has been
discovered on private property, the sheriff or the sheriffs designee shall notify the owner, if
known, that the estray's location liar been reported.
(c) After receiving a report under Subsection (a) of this section that an astray has been
discovered on public property, Lhe sheriff or the sheriffs designee shall notify the owner, if
known, that the estray's location has been reported, except that if the sheriff or his designee
determines that the astray is dangerous to the public, he may immediately impound the
astray without notifying the owner. If the owner does not immediately remove the astray,
the sheriff or the sheriffs designee :,hall proceed with the impoundment process prescn'bed
by Section 142009 of this code.
Amended by Acts 1987, 70th Leg., ch. 51, $ 1, eff. Sept 1, 1987.
Historical and Statutory Notes
Former § 142.003.
Library References
Impoundment of animals, see Brooks, 35 Texas
Practice $ Zo.42.
United States Supreme Court
r'`
Derivation:
Federal lands, entry upon to remove animals reheating denied 97 S.CL 189, 429 U.S. 873, 50
under state astray law, see Kleppe v. New Mexico, L.Ed?d 154.
1976, 96 S.CL 2285, 426 U.S. 529, 49 L.Ed2d 34,
51
~^ ~ 142.003
ANIIMIAL PRODUCTS
Title 6
Notes of Decisions. .... .... , ....., a ..
In general 1 148.060 (n'peded) was also appliable within said
limits if aii 14s.02I et seq. and 148.071 ~ esq. had
been voted Into effect within the coeporate limits of
1. In general the city. Op.Atty.Geo.1988, Na MW-•686. ` .
This section was licable within the corporate „ ..:.~ .... - ~ :. ~; . = . - .- ...
ihirita of the sty as~ouaton, and 44 148.031 and _.. :~,.:.1=t:._ .. : us: ~ ... ... .
~ 142.004. Redemption .~ ..~. - -.:... -.
(a) The owner of the estray may redeem the estrevy.tirorn the owner or oaarpant of private
property by the payment of fees and damages as provided by this chapter.
(b) If the owner of the eatray does not reclean the Betray within a~rea~sonable time after
notification, the sheriff or the sheriffs designee shall, at-the•regtiest of'the property owner,
proceed immediately with the impoundment protxae pracrfbed by Section 242009 of this
code. During that period, the estray may not be used for any purpose by the owner or
occupant of the property. _.._ ~ - -c ~ .... -
Amended by Acts 1967, 70th Leg., ch. 51, $ 1; e[f. Sept. 1, 1987.
Historical and Statutory Notes
Derivation: •. ~ .
Former § 142010. : _` _ .:
~ 142.005. Collection Fee - -'~ -
(a) If the sheriff or file sheriffs designee is present at the time~of the collection of the
estray, the sheriff or the sheriffs designee may require the owner of the eshay to pay before
the Betray is removed a. collection fee in an amount set by the sheriff not to exceed $26.
~. (b) A person who disagrees wyth 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 142007 of
this code and tray appeal the justice court decision as provided by Section 142.008 of this
code. .. ..,
Amended by Acts 198?, 70th Leg.. ch. 51. ~ 1. eff. Sept 1,.1987. _ . ..,, . _ - .
4 142.006. Amount of Redemption Payment ~~
(a) A person on whose property an Betray is found is entitled to receive from the owner of
the Betray the payment of a reasonable amount for maintenance and damaga+, if the original
notice of the discovery of the Betray was given to the sheriff not later..thaa the fifth day after
the date of discovery. •
(b) The owner of the property may:
(1) accept payment in an agreed amount from the owner of the Betray; or•
(2) file a petition under Section 142007 of this code in the justice court having
jurisdiction and have the amount of the payment determined by the justice of the peace.
(c) If the owner of the property ffies a petition under Subdivision (2) of Subsection (b) of
this section, the owner of the Betray is entitled to remove the eatray.
Amended by Acts 1987, 70th Leg., ch. 51, S 1, eff. Sept_ 1, 1987.
$ 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 ofthe owner of the Betray;
(2) a description of the Betray; .. - ..:: s:r
(3) the number of days the Betray was trespassing;
(4) the name of Uie owner of the property; '~ ~ ~ •
(5) the purpose for which the land on which the trespass occurred is used; and
~ ~

AN1111AL 1PBODUCT5
Title 6
$142.009
(6) a statement that the estray owner and the property owner are unable to agree on the
aaeount of the payment.
Amended by Acts 1987, 70th Leg., ch. 61, § 1, e~ Sept 1,1987.
4 142.008. Appeal of Court Award
(s) If either the owner of the estray or the owner of the property dieagseea with a justice's
assessment of the paymcmt amount under Subdivision (~ of Subsectlou tb) of Section 142.006
of this code or the payment amount under Subsection (b) of Sectlon 142006 of this code, the
amount is gtu>stion shall be finally determined according to the procedla~e preacrl7sed by this
section. .
(b) The complainant begins the appeal by fl7iitg 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 fam173ar with livestock
and agriculture who reside in the cotmty as special colamiasioners to determine the amount
owed, if any, to the owner of the property or the sheriff, taking into accotmt the thae 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 witriesses and the production of testimony, adlaiaistel'
oaths, and punish for contempt. The commissioners' decision as to the amount of any
payment is final.
n Amended by Acts 1987, 70th Leg., ch. 51, § 1, eg Sept 1.11187. ..
4 142.009. Impoundment of Estray
(a) The sheriff or the sheriffs designee shall impound an estray and hold it for disposition
as provided by this chapter if: ...
(1) the owner of the astray is uulmown;
(2) the sheriff or the~sheri~s designee is unable to notify the owner,
(3) the astray is dangerous to the public;
(4) the astray is located on public property and after notifimtioa is not immediately
removed by the owner, or ..
(6) the astray is located on private property and is not redeemed within a reasonable
time after notification.
(b) Attzr impounding an astray, the sheriff or sheriffs designee shall prepare a notice of
astray stating at least:
(1) the name and address of the person who reported the astray to the sheriff;
(2) the location of the astray when found;
(3) the location of the astray until dispasitioa; and
(4y a description of the animal, including its breed, if lmown, ~wlor, sex, age, size,
markings of any land, including ear markings and brands, and other identlfying c~aracter-
istics.
(c} The sherifr or sheriffs designee shall file each notice of astray in the astray records in
the office of the county clerk.
(d) It the owner of the astray is ualmown, the sherig or the sheriffs designee shall make a
dt7igent search for the identity of the owner o[ the astray, including a search in the county
register of recorded brands, if the animal Bas an identifiable brand. If the search does not
~^'~ reveal the owner, the sheriff shall advertise the impoundment of the astray in a newspaper of
general circulation in the rnunty at least twice. dm~ing the 16 days alter the date of
impoundment and shall post a notice of the impoundment on the public notice board of t}m
courthouse.
Amended by Acts 1987, 70th Leg., ch. 51, § 1, efL Sept 1, 1987.
b3
~ ~ 142.009
I)eri-ation:
Former §; 142003 W 142006.
~,
ANIIHAL PRODUCT5
Title 6
Historical and Statutory Notes ... ,

.. - I :~'Y.: '
4 142.010. Recovery of Impounded Eatray by Owner ~ - ' ~' "
(a) The owner of an eatray may recover possession of the estray`at a~ time before the
eatray is sold under this chapter ifi ~ ~ ~ `'
,.,
(1) the owner has provided the sheriff or the sherig's designee with •an affidavit of
ownerehip under this section;
(?a the sheriff or the sheriffs designee has approved the affidavit of ownership;
(3) the approved affidavit of ownership has been filed in the estray records of the camty
Berk; _ -..
(4) the owner has paid all estray handling expenses under this section; :. - . .
(5) ffie owner has executed an affidavit of receipt of estray under this section and.
delivered it to the sheriff: and ~ .. :• .a ...:~
(8) 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 Ule animal, including its breed, color, sex, age, size, markings of any
kind, including ear markings and brands, and other identifying chatacteristica; 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 o~ or selling the
eatray. 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 deterndned by the sheriff. -
(d) Aperson 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
142007 of this code and may appeal the justice court decision as provided by Section 142008
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, § 1, eff. Sept. 1, 19187.
Historical and Statutory Notes
Iktivation:
Former § 142006.
$ 142.011. Use of Estray
During the period. an eatray is held by the sheriff', the estray may not be used for any
purpose.
Amended by Acts 1987, 70th Leg„ ch. 51, § 1, e8. Sept. 1,1987. ~ •
54

ANIIHAL PItODUCfS
TWe 6
Historical and Statutory Notre
Derivation:
Former $ 142010.
~ i~.oi4
~ 142.012. Escape or Death of Impounded Estray
It the animal dies or escapee wh11e impoumded, the sheriff shall make a written report of
the death or escape and file the report with the tbrmty dark for placement in the county
astray records.
Amended b5' Acts 1987, 70th Leg„ ch. 51. $ 1, eH. 3ept 1,1987.
Historical and Statutory Notes
Former ¢ 142011.
$ 142.013. Sate of Impounded Eatrays
(a) U the ownership of as astray is not determined before the third day after the date of
the IInal advertisement under this chapter or if the astray is not redeemed before the 18th
day after the date of impoundment, the county has title to the astray and the sheriff shall
cause the astray to be sold at a sheriffs sale or public anctioa licensed by the United States
Department of Agriculture. Title to the astray is considered vested in the sheriff or the
sheriff's designee for purposes of passing good title, fret and dear of all daims, to the
~ purdtaser at the sale.
(b) The sheriff shall receive the proceeds of the sale and shaII allocate those proceeds is
.~ ! the following order of priority: "
(1) payment,of the expenses of sale; ~,4 . .
(2) payment of the impoundmenttf~e and other dtarges due the sheriff; and
(8) if applicable, payment`of any amount for maintenance and damages due the owners of
the private property from which the astray was impounded
(c) The sheriff shall execute a report of sale of impounded livestock and Ble the report in
the astray records of the county dark.
(d) If there are sale proceeds remaining fi"om the sale of an impounded astray aRer all
expenses have been paid, the sheriff shall pay the balance to the owner. it known. If the
owner is still unlmown, the sheriff shall pay the balance to the county oflical 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 astray.
Amended by AMS 1987, '70th Leg., ch. 51, $ 1, eff. Sept. 1, 1987.
Historitxl and Statutory Notes
Derivation:
Acts 1986, 69th Leg„ ch. 116, $$ 1, 2.
Former $ 142007.
$ 142.014. Recovery by Owner of Proceeds of isle
Within one year after the date of sale of an astray under this chapter, the original owner of
the astray may recover the net proceeds of the sale i£•
(1) Lhe oa .ier has provided the sheriff with as affidavit of ownership containing the
information prescribed by Subsection (b) of Section 142.010 of this code;
(2) the sheriff has approved the affidavit;
(3) the approved affidavit has been Sled in the astray records of the crnmty derlr, and
~ (4) the sheriff has signed a county voucher directing the payment
Amended by Acts 1987, 70th Leg„ ch. 61, $ 1, etY. Sept. 1, 1987.
5b