COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R Hierholzer OFFICE: Kerr County Sheriff's OtTrce
MEETING DATE: Merv 14.2001 TIME PREFERRED:
SCIBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving contract with Kerr County Animal Control officer, Marc
Allen, for transportation and housing of estray animals
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
W.R Hierholzer
5 minutes _
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:
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.
All Agertda Requests will be screened by the County Judge's Office to determine if adequate utformation has been
prepared for the Court's formal cmisideration and action at time of Court Meetings. Your cooperation will be
appreciated and ootitribute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court
DATE: May 14, 2001
TO: Kerr County Judge Fred Henneke and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Contract with Kea County Animal Control
Consider and discuss approving contract with Kea County Animal
Control officer, Marc Allen, for transportation and housing of estray
animals.
ESTRAY ANIMAL CONTRACT
THIS CONTRACT ENTERED INTO BETWEEN THE Kerr COUNTY SHERIFF 5
OFFICE AND Karr Crnmty Anima 1 ('nntrnl (Harr Al l an) ACTING BY AND
THROUGH W.R. Hierholzer SHERIFF, DULY AUTHORIZED AND
HEREINAFTER CALLED CONTRACTOR, TO BECOME EFFECTIVE May 15 , 2001
In consideration of mutual covenants, agreements, stipulations and payments, the parties hereby
contrail and agree as follows:
1. Contract shall be for a period o(one year from date of signatures.
2. This contract may be terminated after notice of thirty (30) days by either party in writing.
3. The contracted party Kerr County Animal Control agrees to furnish the
necessary equipment and personnel for the removal, penning and care for all animals deemed estray
or ordered removed, penned and cared for under court order.
4. The contracted party Kerr County Animal Control shall have exclusive
rights to all estray or court ordered packages within the county if he is available when contacted.
5. The contracted party Kerr County Animal Control shall be reimbursed for
all reasonable expenses incurred under the contras for hauling, feeding, care, veterinarian expenses
while under care and control of contractor. Provided contrasor is able to vend said estrays, or collect
from owner when located.
Signature of contrasor
Marc Allen
3317 Loop 534 257-3100
Printed Name/Address/Phone
Sheriff of xarr
County, Texas
(Designee of Sheriff of
County, Texas)
LIVESTOCK LAWS OF TEXAS
CHAPTER IV. ESTRAYS
Art. 4.01. Estray Act
The legal procedure of impounding and disposing of estrays is prescribed in Chapter
142 of the Texas Agriculture Code.1~ The Estray Act was extensively rewritten by the
Texas Legislature in 1986 and amended in 1993 to cover exotic livestock and exotic
fowl.
Art. 4.02. Meanir:g of Estray
An "estray" is a valuable domestic animal which has strayed from its owner.1S5 An
animal may bean "estray" even though its owner is remote or would not reclaim his
wandering animal with reasonable diligence,186 or the animal is found a great distance
from its accustomed range.187 As used in the Estray Act, "estray" means any stray
horse, stallion, maze, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, any
species of cattle, exotic livestock or exotic fowl188 "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, includurg 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, ~ a fur-bearing animal, or any other
indigenous mammal regulated by the Parks and Wildlife Deparhnent as an
endangered or threatened species. The term does not include a nonindigenous
mammal located on publicly owned land.189
Art. 4.03. Finding an Estray; Notice
A person who finds an estray on his own property, or the custodian of public property
who finds an estray on public property, must report the presence of the estray to the
sheriff of the county where the estray is discovered as soon as reasonably possible.l~
If the sheriff or his designee determines that an estray located on public property is
dangerous to the public, he may immediately impound the animal without notifying
the owner.191 If the owner does not immediately remove the estray, the sheriff must
proceed with the impoundment process. (See Art. 4.07).
Art. 4.04. Redemption of Estray Found on Private Property
The owner of an estray found on private property may redeem the animal from the
owner or occupant of private property by paying a redemption fee, if applicable, and
- any damages incurred by the owner of the property.192 If the owner fails to redeem the
estray within a reasonable period after notification, the sheriff, at the request of the
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LIVESTOCK LAWS OF TEXAS
owner of the property where the estray is located, must immediately impound size
animal.
qrt. 4.05. Redemption Fee and Damages
The sheriff, or sheriff's designee, may require a collection fee in an amount set by the
sheriff not to exceed $25 if the sheriff or his designee is present at the time the owner
claims the estray.19=' If the estray is found on private property, the owner of the
property is entitled to receive from the owner of the estray a reasonable amount for
maintenance of the estray and any damages, so long as the notice of estray was given
to the sheriff no later than the fifth day after the owner of the property discovered the
estray. The owner of the property may accept an agreed amount from the owner of the
estray or file a petition with the justice court to have the amount determined by the
justice of the peace.19~However, the property owner may not hold the livestock under
any circumstance~If the sheriff assessed a collection fee for an estray, the owner of the
estray may file a similar petition with the justice court if he disagrees with the amount
of the fee.19s
Art. 4.06. Justice Court Petition and Appeal
- A petition in justice court seeking a determination of the amount of a redemption
payment or the amount of a collection fee must contain the following: (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 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 property owner are unable to agree on the amount of the
payment.196 Either the owner of the estray or the owner of the property may appeal
the justice court's determination to a panel of three disinterested persons familiar with
livestock who reside in the county. The panel is appointed by the justice of the
peace,197 and the panel's decision is final.
Art. 4.07. Impoundment of Estray
The sheriff or the sheriff's designee must impound an estray in the following
situations: (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 the public property and after notification is not immediately
removed by the owner; or (5) the estray is located on private property and is not
redeemed within a reasonable time after notificarion.19A After impounding the estray,
the sheriff must prepare a Notice of Estrav (See Appendix), and file such notice in the
estray records in the county clerk's office.
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LIVESTOCK LAWS OF TEXAS
Art. 4.03. Owner of Estray Unknow~I
If the owner of the estray is unknown, the sheriff or the sheriff's designee must 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 a brand. If the owner is not
identified the sheriff must advertise the impoundment of the estray in a newspaper of
general circulation in the county at least twice during the fifteen days after the date the
animal was impounded. Notice of the impoundment must be posted on the public
notice board at the courthouse.I~ This can be accomplished by posting the Notice of
Estray mentioned above (See Appendix) on the public bulletin board, along with the
Notice of Impoundment (See Appendix). Though not specifically required by statute,
the sheriff should also execute an Affidavit of Publication and Posting of Notice of
Estray (See Appendix) to verify that the publication and posting requirements have
been met, and place the affidavit in the estray records of the county.
Art. 4.09. Recovery of Impounded Estray by Owner
The owner of an estray may recover possession of the estray at any time before the
estray is sold.200 To recover possession the owner is required to execute an Affidavit of
Ownership (See Appendix), which must be approved by the sheriff or his designee
- and filed in the estray records of the county clerk. The owner must also pay all estray
handling expenses before he can retake possession of the animal which may include
all expenses incurred by the county in impounding, handling, seeking the owner of, or
selling the estray as determined by the county sheriff. If the owner of the estray
disagrees with the amount set by the sheriff, he may petition the justice court and
appeal in the manner described above. (See Art. 4.06).
A person may claim to be the owner of exotic livestock or exotic fowl only if the
animal is tagged, branded, or marked in another conspicuous manner that can be read
or identified from a long distance and that identifies the animal as the property of the
claimant.zoi
If all of the above steps have been taken, then the owner must execute an Affidavit of
Receipt of EstraX (See Appendix) and deliver it to the sheriff to be filed in the county
clerks office.202 Only then can the owner retake possession of the estray.
Art. 4.10. Use of Estray
The estray may not be used by the sheriff for any purpose during the period held?os
Likewise, an estray on private property may not be used by the owner of the property
for any purpose?04
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LIVESTOCK LAWS OF TEXAS
"~ Art. 4.11. Sale of Impounded Estray
If the ownership of the esh-ay is not determined before the third day after the date of
final advertisement, 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 must sell the estray
at either a sheriff's sale or public auction licensed by the U.S. Department of
Agriculture.205 The sheriff will allocate the proceeds of the sale 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 damage due to the owners of the private property from which the
estray was impounded. If there are proceeds remaining after the sale and all expenses
have been paid, the sheriff must pay the balance to the owner, if known. If the owner
is still unknown, the balance must be deposited in the county jury fund, subject to the
claim of the original owner of the estray?~ The owner may recover the net proceeds
of the sale within one year of the sale by providing an Affidavit of Ownership which
has been approved by the sheriff and filed in the estray records of the county clerk.207
Any time the sheriff sells an estray the sheriff must execute a Report of Sale of
Impounded Stock (See Appendix) and file the report in the county estray records of
the county clerk.~~$
Art. 4.12. Escape or Death of Impounded Estray
If the estray dies or es~ap~.; while impounded, the sheriff shall make a written r.:r ort
of death or escape and file the report with the county clerk for placement in the county
estray record.z~
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