Texas Agriculture Code

§ 142.013 — DISPOSITION OR SALE OF IMPOUNDED ESTRAYS

AG § 142.013Title 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS · Part B. LIVESTOCK · Ch. 142. ESTRAYS

Statute text

(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.

…

Legislative history

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.