![]() In order for a stock law to be valid, the livestock on a ballot should come from the same subchapter in the Texas Agriculture code. When a local government enacts stock laws, it must ensure that the animals in different subsection are not combined on the ballot. ![]() The code separates livestock animals into different subsections. The Texas Agriculture Code provides very specific rules on how stock laws can appear on a ballot. Additionally, speaking to a qualified roaming livestock crash attorney about your situation can help you determine your options.Īdditionally, in some cases stock laws are unenforceable. One way to find out is to contact a county clerk. If you are driving in unfamiliar territory, you may be unsure of your rights in the event of a livestock crash. ![]() Considering that many of the state’s stock laws were enacted during or by the 1930s, finding out a county’s local laws will require some serious research. In addition, there is no central database of where stock laws have been enacted. What problems can arise from local stock law options?īecause stock laws can be enacted countywide or in certain precincts or towns Texas is a patchwork of open-range and closed range laws. Typically, local stock laws will prohibit the following animals from running at large: The Texas Agriculture Code permits local governments to hold elections aimed at preventing animals from running at large. Stock laws typically serve the purpose of changing an area from open range to closed range. As a result, they passed a law that granted counties to hold local stock law elections. A stock law is a specific law that forbids certain kind of livestock from running through a county or designated area of a county. In 1876, the Texas Legislature realized that it was impractical to have open range everywhere. Notably, the two major exceptions in Texas are local stock laws and highways with state or federal designations. While the open-range doctrine was reaffirmed by the Texas Supreme Court just 20 years ago, there are exceptions to this rule. Are there any exceptions to the Open-Range Doctrine? In fact, just 20 years ago, in 1999, the state supreme court refused to adopt a common law requiring livestock owners to keep livestock off of all roadways. Despite the evolution of society and our growing dependence on cars, buses and other vehicles that travel at high speeds, the state remains true to its open-range doctrine. The Texas Supreme Court kept the state’s fence-free legacy intact for the first time more than a century ago. For example, farmers growing strawberries on their property would need to put up a fence to keep their neighbor’s cows from grazing or trampling their produce. Where open-range laws exist, the burden to put up a fence usually falls on the person or property owner who wants to keep animals off of their property. Despite cattle being behind these fences, it is important to note that Texas has largely stayed true to its former self and has evolved to what is considered an open-range state. Driving down any roadway today, however, passengers will see that the Lone Star State boasts thousands of miles of barbed wire fences. Both animals and people could roam from the Gulf Coast through the Great Plains to the Basin with very little standing in their way. It may be hard to imagine, but just 150 years ago, Texas was a massive land without fences. ![]() ![]() These laws allow animals to roam freely regardless of land ownership. What is an open-range state?Īn open-range state means that by default livestock owners are generally not liable if their loose cattle lead to injuries or other damages. Livestock running-at-large may sound like the plot of a sitcom, however, for the hundreds of people injured each year, cattle on the loose is no laughing matter. Roaming livestock crashes are far more common than you may believe.Īdditionally, Texas is a patchwork of counties and cities of both open and closed range laws stemming from special local elections about the types of livestock that are free to roam-if at all. However, property owners in the state do have a responsibility to keep cattle away from state and federal highways. An open-range state means that cattle are typically free to roam at large.
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