Sec. 142.010.  RECOVERY OF IMPOUNDED ESTRAY BY OWNER.  (a)  The owner of an estray may recover possession of the estray at any time before the estray is sold under this chapter if:
(1)  the owner has provided the sheriff or the sheriff's designee with an affidavit of ownership under this section;
(2)  the sheriff or the sheriff's designee has approved the affidavit of ownership;
(3)  the approved affidavit of ownership has been filed in the estray records of the county clerk;
(4)  the owner has paid all estray handling expenses under this section;
(5)  the owner has executed an affidavit of receipt of estray under this section and delivered it to the sheriff;  and
(6)  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 the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics;  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 of, or selling the estray.  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 determined by the sheriff.
(d)  A person 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 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 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, Sec. 1, eff. Sept. 1, 1987.