TSCRA Law Enforcement Tips: Estray Laws
Of all the calls and questions received at Texas and Southwestern Cattle Raisers Association (TSCRA) headquarters, one of the most common is questions about estray animals, both lost and found. As defined in the Texas Agriculture Code, “estray” means stray livestock, stray exotic livestock, stray bison or stray exotic fowl.
Even if the callers aren’t aware of TSCRA’s 30 commissioned peace officers serving across Texas and Oklahoma investigating agricultural crime, helping identify livestock to determine ownership after a natural disaster, or educating landowners and ranchers on how to prevent theft or fraud, most folks are familiar with the blue POSTED sign hanging on fences and gates. So naturally, TSCRA frequently gets the call if a cow has wandered onto a road or someone else’s property.
And no matter the location of the caller or wayward animals, the answer is always “call the local sheriff.” While TSCRA’s Special Rangers are in close contact with the sheriffs within their district, the local sheriff’s office is always the first point of contact for estray livestock.
According to TSCRA Special Ranger Ben Eggleston, whose District 2 spans the wide-open spaces of the Texas and Oklahoma panhandles, that call should be made whether you find loose cattle or if you find your own cattle have strayed onto a neighbor’s property.
“Before you enter someone else’s property, even if you know the animals are yours, you need to contact the owner of the property and the sheriff’s office before you do anything,” Eggleston said. “It’s a good way to start a fight with a neighbor that could have been headed off with a phone call or knock on the door. You can’t enter someone’s property without permission, even with a neighbor you know and are familiar with. Always contact someone, first.”
One of the best ways to ensure that your cattle are identified and returned as soon as possible is to register and use a brand on your livestock. Ear tags can be removed or lost, but a brand is a good method of permanent ID.
Eggleston also says it’s important to report estray animals that have wandered onto your property to the sheriff as soon as possible, and don’t send strays to market.
“Selling or rendering estray cattle would be considered theft,” Eggleston said. “The best thing to do is to contact your local sheriff as soon as the cattle are found.”
For more information on livestock laws, branding and TSCRA’s Special Rangers, visit tscra.org and under the “What We Do” tab, click “Theft and Law” or call 800-242-7820.
A complete listing of the Texas statutes is available online at statutes.legis.state.tx.us. Under the “Code” field, select “Agriculture Code.”
According to Chapter 142.003 of the Texas Agriculture Code:
(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:
- the sheriff or the sheriff’s designee may proceed with the impoundment process prescribed by Section 142.009; or
- if a perilous condition exists, the sheriff or the sheriff’s designee may proceed with disposition of the estray under Section 142.015.
“Estray Laws” is excerpted from the February 2017 issue of The Cattleman magazine.