Agriculture Code § 142.003 – Liability for Estray (Loose) Livestock

Agriculture Code § 142.003 Summary

This section of the Texas Agriculture Code outlines the initial steps and responsibilities when an “estray” – defined as loose livestock roaming without permission or supervision – is discovered. It mandates that any private property owner or public property custodian who finds an estray must report its presence to the county sheriff as soon as reasonably possible. Upon receiving such a report, the sheriff or their appointed representative is generally required to notify the known owner of the livestock about its location. An important exception exists for estrays found on public property: if the sheriff determines the animal poses a danger to the public, they can immediately impound it without prior notification to the owner. If the estray’s owner does not promptly retrieve the animal, the sheriff can then initiate the formal impoundment procedures detailed in Section 142.009, or, in situations presenting immediate peril, proceed with the disposition (e.g., sale or destruction) of the estray under Section 142.015.

Purpose of Agriculture Code § 142.003

The legislative intent behind this statute is to establish a clear and efficient protocol for managing loose livestock, often referred to as estrays, across Texas. This law serves several key purposes: enhancing public safety by addressing the hazards posed by unsupervised animals on private or public land, ensuring the humane treatment and welfare of the animals themselves, and providing a structured process to facilitate the return of livestock to their rightful owners or their appropriate disposition. By requiring immediate reporting to the sheriff, the statute aims to quickly bring these situations under the authority of law enforcement, preventing potential property damage, traffic accidents, or other dangers that can arise from animals roaming freely. It also serves to protect property owners from the burden of housing or managing someone else’s livestock indefinitely.

Real-World Example of Agriculture Code § 142.003

Imagine Sarah, a homeowner in a rural Texas county, wakes up one morning to find three cows grazing in her backyard garden, having apparently wandered off a nearby ranch. Her property is not fenced for livestock, and she does not have permission for the animals to be there.

Under Agriculture Code § 142.003(a), Sarah, as the private property owner, is obligated to report the presence of these estray cows to the county sheriff as soon as reasonably possible. She calls the sheriff’s non-emergency line and explains the situation.

The sheriff’s office dispatches a deputy. If the deputy can identify the owner of the cows (perhaps through ear tags or local knowledge), Section 142.003(b) requires them to notify the owner that their livestock has been reported as an estray on Sarah’s property.

Let’s say the owner is notified but is slow to respond, or perhaps they are out of town and cannot immediately retrieve the cows. Under Section 142.003(d)(1), the sheriff’s office can then proceed with the formal impoundment process outlined in Section 142.009, arranging for the cows to be safely moved to a holding facility. If, however, the cows were aggressive, trampling Sarah’s fence, and showing signs of breaking into her house, creating a “perilous condition,” the sheriff might invoke Section 142.003(d)(2) and move towards immediate disposition under Section 142.015, which could involve selling the animals at auction or, in extreme cases, other measures.

Related Statutes

• Agriculture Code § 142.009 – Impoundment of Estray: This section details the formal process by which the sheriff or their designee impounds an estray if the owner does not promptly retrieve it. It covers procedures such as taking the animal into custody, providing care, and initiating steps to locate the owner and notify them of the impoundment.
• Agriculture Code § 142.015 – Disposition of Estray: This statute outlines the methods for disposing of an estray if the owner is not found, does not claim the animal, or if the animal poses an immediate danger. This can include public auction, sale, or other forms of disposition to cover the costs of impoundment and care.
• Agriculture Code § 143.001 – Local Stock Laws: While Chapter 142 deals with estrays broadly, Chapter 143 addresses “Local Stock Laws” which allow counties to adopt specific regulations regarding livestock running at large. This context is important because the “estray” definition implicitly relies on whether livestock is permitted to roam in a given area. If a county has a “stock law” prohibiting animals from running at large, then any animal found loose would be considered an estray more readily.
• Agriculture Code § 142.002 – Definition of Estray: This foundational section provides the precise legal definition of an “estray,” which is crucial for understanding when the provisions of Chapter 142, including § 142.003, apply. An estray is generally defined as an animal of certain types (horse, mule, ass, goat, sheep, hog, or cattle) that is found roaming at large.

Case Law Interpreting Agriculture Code § 142.003

A search of case law specifically interpreting Texas Agriculture Code § 142.003 directly reveals limited published opinions. This is not uncommon for procedural statutes that outline reporting duties rather than establishing a cause of action or liability. Often, courts refer to the broader Chapter 142 when discussing estray law.

However, cases that generally discuss Texas estray laws or liability for loose livestock may indirectly touch upon the principles underlying this section. For instance, cases like *Gibbons v. Goebel*, 674 S.W.2d 471 (Tex. App.—Houston [1st Dist.] 1984, writ ref’d n.r.e.), discuss the common law duty of a livestock owner to restrain their animals in counties where a stock law is in effect, and the potential liability when they fail to do so. While *Gibbons v. Goebel* predates the current numbering of § 142.003, it illustrates the general legal framework concerning liability for loose livestock, which Chapter 142 aims to regulate.

To explore further, you can search for “Texas Agriculture Code Chapter 142” on Google Scholar.

Why Agriculture Code § 142.003 Matters in Personal Injury Litigation

Agriculture Code § 142.003 plays a critical, albeit often indirect, role in personal injury litigation stemming from incidents involving loose livestock. While this specific statute primarily outlines reporting and notification duties, non-compliance or improper handling of an estray under its provisions can significantly impact the liability of various parties in a subsequent personal injury claim.

For property owners who discover an estray, failing to report it “as soon as reasonably possible” could be viewed as a breach of a statutory duty. If, for example, a property owner neglects to report a dangerous estray, and that animal subsequently causes a car accident or injures another person, their failure to act could be used by a plaintiff’s attorney to argue negligence or contributory negligence, especially if the animal remained on their property or wandered onto public land from their premises.

For livestock owners, awareness of this statute is crucial. If their animal is reported as an estray, their prompt action (or lack thereof) in retrieving it directly influences whether the sheriff proceeds with impoundment under § 142.009 or even disposition under § 142.015. Failure to immediately remove an estray, as mentioned in subsection (d), can lead to additional costs and potential legal entanglements. More importantly, if the estray causes an injury during the period when the owner was notified but failed to retrieve it, this could be strong evidence of the owner’s negligence, strengthening a plaintiff’s case.

For sheriffs and their designees, compliance with the notification and impoundment procedures is essential. While law enforcement agencies typically enjoy certain immunities, a gross dereliction of duty, such as failing to impound a known “dangerous” estray on public property when empowered to do so, could theoretically open avenues for legal challenge, though these are typically difficult cases to prove.

In essence, Agriculture Code § 142.003 sets a baseline for responsible conduct when loose livestock is discovered. Adherence to its requirements can help mitigate potential liability, while non-compliance can become a critical factor in establishing negligence and fault in personal injury cases involving animal-related accidents or incidents. It provides a framework for how the presence of an estray should be managed, and deviation from this framework can have serious legal consequences for all involved parties.