CHAPTER 143. FENCES; RANGE RESTRICTIONS - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE B. LIVESTOCK

CHAPTER 143. FENCES; RANGE RESTRICTIONS

SUBCHAPTER A. FENCING OF CULTIVATED LAND

Sec. 143.001. SUFFICIENT FENCE REQUIRED. Except as provided by

this chapter for an area in which a local option stock law has

been adopted, each gardener or farmer shall make a sufficient

fence around cleared land in cultivation that is at least five

feet high and will prevent hogs from passing through.

Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.002. GATE. A person may not build, join, or maintain

around cleared land in cultivation more than three miles lineal

measure of fence running the same general direction without a

gate that is at least 10 feet wide and is unlocked.

Acts 1981, 67th Leg., p. 1339, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.003. CATTLE ON COUNTY ROAD WITH CATTLE GUARD. Cattle

on a county road are not considered to be running at large if the

county road:

(1) separates two tracts of land under common ownership or

lease; and

(2) contains a cattle guard constructed as authorized under

Section 251.009, Transportation Code, that serves as part of the

fencing of the two tracts.

Added by Acts 2007, 80th Leg., R.S., Ch.

339, Sec. 3, eff. September 1, 2007.

SUBCHAPTER B. LOCAL OPTION TO PREVENT CERTAIN ANIMALS FROM

RUNNING AT LARGE

Sec. 143.021. PETITION FOR ELECTION. (a) In accordance with

this section, the freeholders of a county or an area within a

county may petition the commissioners court to conduct an

election for the purpose of determining if horses, mules, jacks,

jennets, donkeys, hogs, sheep, or goats are to be permitted to

run at large in the county or area.

(b) A petition for a countywide election must be signed by at

least 50 freeholders. Except as otherwise provided by Subsection

(c) of this section, a petition for an election in an area within

a county must be signed by at least 20 freeholders.

(c) A petition for an election in an area may be signed by a

majority of the freeholders in the area if the area has fewer

than 50 freeholders and is between two areas of the county that

have previously adopted this subchapter or is adjacent to another

area, in that county or another county, that has adopted this

subchapter. If the petitioning area is adjacent to an area in

another county, the freeholders shall petition the commissioners

court of the county in which the petitioning area is located.

(d) The petition must:

(1) clearly state each class of animal that the petitioners seek

to prohibit from running at large; and

(2) describe the boundaries of the area in which the election is

to be held, if the election is to be less than countywide.

Acts 1981, 67th Leg., p. 1340, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 2.003, eff. September 1, 2009.

Sec. 143.022. ELECTION ORDERS. (a) After receiving a petition

under this subchapter, the commissioners court at its next

regular term shall order that an election be held throughout the

county or in the petitioning area, as determined by the petition.

The order shall designate a date for the election that is not

less than 30 days after the date of the order.

(b) Immediately after passage of a commissioners court order for

an election, the county judge shall issue an order for the

election that specifies:

(1) the petition and the action of the commissioners court;

(2) each class of animal that is not to be permitted to run at

large;

(3) the territorial limits of the area to be affected;

(4) the date of the election; and

(5) the location of the polls.

(c) The county judge shall give public notice of the election by

publishing the order under Subsection (b) of this section in a

newspaper published in the county. If no newspaper is published

in the county, a copy of the order shall be posted at the

courthouse door and at a public place in each justice precinct

for a countywide election or at three public places in the

petitioning area for an election to be held in an area of the

county. Notice must be given for at least 30 days before the date

of the election.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.023. ELECTION. (a) If the election is not countywide,

the county judge at the time the election order is issued shall

appoint election officers for the election. In order to serve as

an election officer, a person must be a freeholder of the county

and a qualified voter. The election officers may appoint their

own clerks.

(b) If the election is countywide, it shall be held at the usual

voting places in the election precincts. If the election is not

countywide, the county judge shall designate the particular

places in the petitioning area at which the polls are to be open.

(c) In order to vote at an election, a person must be a

freeholder and a qualified voter.

(d) Ballots for the election shall be printed to provide for

voting for or against the proposition, "Letting ______ run at

large," with the blank space printed with the name of each animal

designated in the election order.

(e) The election officers shall make returns to the county judge

of all votes cast for each proposition not later than the 10th

day after the day of the election. The commissioners court shall

open, tabulate, and count the returns in the manner provided for

general elections in this state. The county judge shall

immediately issue a proclamation declaring the result and post

the proclamation at the courthouse door.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.024. EFFECT OF ELECTION; ADOPTION OF SUBCHAPTER. (a)

If a majority of the votes in an election are cast against the

proposition, this subchapter is adopted and, after the 30th day

following the date on which the proclamation of results is

issued, a person may not permit any animal of the class mentioned

in the proclamation to run at large in the county or area in

which the election was held.

(b) Sections 143.028-143.034 of this code apply only in the

county or area in which this subchapter has been adopted.

Acts 1981, 67th Leg., p. 1341, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.025. SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER. (a)

Except as provided by Subsection (b) of this section, if this

subchapter is not adopted at an election, another election for

that purpose may not be held in the county or area in which the

election was held earlier than one year after the date of the

election.

(b) Defeat of adoption of this subchapter at a countywide

election does not prevent another election for that purpose from

being held immediately thereafter for an area within the county.

Defeat of adoption of this subchapter at an election held in an

area within a county does not prevent a countywide election for

that purpose from being held immediately thereafter.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.026. REPEAL. (a) The freeholders of a county or an

area in which this subchapter has been adopted may petition the

commissioners court to conduct an election for repeal of that

adoption. The petition must be signed by a majority of the

freeholders who are qualified voters in the county or area

subject to this subchapter.

(b) An election under this section shall be ordered and

conducted, the returns shall be made, and the results shall be

declared in the same manner provided by this subchapter for an

election to adopt this subchapter.

(c) An election under this section may not be held earlier than

two years after the date of the last election under this

subchapter in the applicable county or area.

(d) If at an election under this section a majority of the votes

are cast for allowing the named animals to run at large, after

the expiration of 180 days after the date of the proclamation of

results a person may permit an animal of the class mentioned in

the proclamation to run at large in the county or area in which

the election was held. If a majority of the votes are cast

against letting the named animals run at large, the operation of

this subchapter in the county or area is not affected.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.027. EXTENSION OF SUBCHAPTER TO ADJOINING AREA BY

ORDER. A commissioners court by order shall extend application

of this subchapter to territory that is between two areas of the

county that have adopted this subchapter or is adjacent to an

area, in that county or in another county, that has adopted this

subchapter if:

(1) there are fewer than 20 freeholders in the territory and a

majority of the owners of the land in the territory petition the

court to extend application of this subchapter to that area;

(2) there are no freeholders in the territory and the owners of

the land petition the commissioners court to extend application

of this subchapter to that territory; or

(3) a person who owns land that is adjacent to land to which

this subchapter has been extended petitions the court to extend

application of this subchapter to that person's land.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.028. FENCES. (a) A person is not required to fence

against animals that are not permitted to run at large. Except as

otherwise provided by this section, a fence is sufficient for

purposes of this chapter if it is sufficient to keep out ordinary

livestock permitted to run at large.

(b) In order to be sufficient, a fence must be at least four

feet high and comply with the following requirements:

(1) a barbed wire fence must consist of three wires on posts no

more than 30 feet apart, with one or more stays between every two

posts;

(2) a picket fence must consist of pickets that are not more

than six inches apart;

(3) a board fence must consist of three boards not less than

five inches wide and one inch thick; and

(4) a rail fence must consist of four rails.

(c) The freeholders of the county or area may petition the

commissioners court for an election to determine whether three

barbed wires without a board are to constitute a sufficient fence

in the county or area. The election shall be conducted in the

same manner and is governed by the same provisions of this

subchapter provided for elections on the adoption of this

subchapter.

Acts 1981, 67th Leg., p. 1342, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.033. INJURY TO TRESPASSING ANIMAL. If a person whose

fence is insufficient under this subchapter maims, wounds, or

kills a head of cattle or a horse, mule, jack, or jennet, or

procures the maiming, wounding, or killing of one of those

animals, by any means, including a gun or a dog, the person is

liable to the owner of the animal for damages. This section does

not authorize a person to maim, wound, or kill any horse, mule,

jack, jennet, or head of cattle of another person.

Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.034. PENALTY. (a) A person commits an offense if the

person knowingly:

(1) turns out or causes to be turned out on land that does not

belong to or is not under the control of the person an animal

that is prohibited from running at large under this subchapter;

(2) fails or refuses to keep up an animal that is prohibited

from running at large under this subchapter;

(3) allows an animal to trespass on the land of another in an

area or county in which the animal is prohibited from running at

large under this subchapter; or

(4) as owner, agent, or person in control of the animal, permits

an animal to run at large in an area or county in which the

animal is prohibited from running at large under this subchapter.

(b) An offense under this section is a Class C misdemeanor.

Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 51, Sec. 2, eff. Sept.

1, 1987.

SUBCHAPTER C. LOCAL OPTION LIMITED FREE RANGE FOR HOGS

Sec. 143.051. PETITION FOR ELECTION. (a) The freeholders of a

county or an area that has adopted Subchapter B of this chapter

or the freeholders of an area that is between two areas of a

county that have adopted Subchapter B of this chapter may

petition the commissioners court to conduct an election for the

purpose of determining whether hogs are to be permitted to run at

large in the county or area for a period beginning on November 15

of each year and ending on February 15 of the following year.

(b) A petition for a countywide election must be signed by at

least 50 freeholders. A petition for an election in an area of a

county that has adopted Subchapter B of this chapter must be

signed by at least 20 freeholders. A petition for an election in

an area that is between two areas that have adopted Subchapter B

of this chapter and in which there are fewer than 50 freeholders

must be signed by a majority of the freeholders in the area.

(c) If the election is to be less than countywide, the petition

must describe the boundaries of the area in which the election is

to be held in the same manner as the description provided for the

election on adoption of Subchapter B of this chapter.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.052. ELECTION ORDERS. (a) After receiving a petition

under this subchapter, the commissioners court shall order an

election to be held throughout the county or in the petitioning

area, as determined by the petition. The order may be entered at

a regular or special meeting of the court and shall designate a

date for the election that is not less than 30 days after the

date of the order.

(b) Immediately after passage of a commissioners court order for

an election, the county judge shall issue an order for the

election that specifies:

(1) the petition and action of the commissioners court;

(2) the classes of animals that are to be allowed a limited

period of free range;

(3) the period in which the animals are to have free range;

(4) the territorial limits of the area to be affected;

(5) the day of the election; and

(6) the location of the polls.

(c) The county judge shall give public notice of the election in

the manner provided by Section 143.022 of this code for an

election on the adoption of Subchapter B of this chapter.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.053. ELECTION. (a) Except as provided by this

section, the election shall be conducted, the returns made, and

the results declared in accordance with Section 143.023 of this

code and the laws regulating general elections.

(b) The ballots for the election shall be printed to provide for

voting for or against the proposition, "The limited period of

free range for hogs."

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.054. EFFECT OF ELECTION. If a majority of the votes

cast are for the limited period of free range for hogs, after the

10th day following the date on which the proclamation is issued a

person may permit hogs to run at large in the county or area in

which the election was held during the period beginning on

November 15 of each year and ending on February 15 of the

following year.

Acts 1981, 67th Leg., p. 1346, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.055. SUBSEQUENT ELECTIONS TO ADOPT OR REPEAL FREE

RANGE. (a) Except as provided by Subsection (b) of this

section, if an election is held under this subchapter another

election for the purpose of adopting or repealing the limited

period of free range may not be held in that county or area

within two years after the date of the election.

(b) If the limited period of free range is defeated at a

countywide election, this section does not prohibit another

election on the proposition from being held immediately

thereafter for an area within the county. If the limited period

of free range is defeated at an election in an area within a

county, no other election covering that area may be held except

an election in the same area, which must be held at least one

year after the prior election.

(c) If at a subsequent election in a county or area that has

adopted the limited period of free range the majority of votes

are cast against the proposition, the limited period of free

range is repealed and a person may not permit hogs to run at

large in that county or area effective on the 11th day following

the day on which the proclamation is issued. If the majority of

the votes are cast for the proposition, the operation of the

limited period of free range is not affected.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.056. COMBINED ELECTIONS. An election under this

subchapter may be held at the same time as an election under

Subchapter B of this chapter, but the propositions must be

submitted and voted on as separate issues and the returns and

proclamations of results must be separate for each proposition.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. LOCAL OPTION TO PREVENT CATTLE OR DOMESTIC TURKEYS

FROM RUNNING AT LARGE

Sec. 143.071. PETITION FOR ELECTION. (a) In accordance with

this section, the freeholders of a county or an area within a

county may petition commissioners court to conduct an election

for the purpose of determining if cattle are to be permitted to

run at large in the county or area.

(b) The freeholders of any political subdivision of Bastrop,

Blanco, Clay, Collin, DeWitt, Gonzales, Gillespie, Guadalupe,

Parker, or Wise County may petition the commissioners court to

conduct an election in the subdivision for the purpose of

determining if domestic turkeys are to be permitted to run at

large in the subdivision.

(c) A petition for a countywide election on the running at large

of cattle must be signed by at least 35 freeholders. Except as

provided by Subsection (d) of this section, a petition for an

election on the running at large of cattle in an area within a

county must be signed by at least 15 freeholders. A petition for

an election on the running at large of domestic turkeys must be

signed by at least 25 freeholders.

(d) A petition for an election in an area may be signed by a

majority of the freeholders in the area if the area has fewer

than 50 freeholders and is between two areas of the county that

have previously adopted this subchapter.

(e) A petition must:

(1) clearly state each class of animal that the petitioners seek

to prohibit from running at large; and

(2) describe the boundaries of the area in which the election is

to be held, if the election is to be less than countywide.

Acts 1981, 67th Leg., p. 1347, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.072. EXCEPTIONS; COUNTYWIDE ELECTIONS. The following

counties may not conduct a countywide election on the running at

large of cattle: Andrews, Coke, Culberson, Hardin, Hemphill,

Hudspeth, Jasper, Jefferson, Kenedy, Kinney, LaSalle, Loving,

Motley, Newton, Presidio, Roberts, Schleicher, Terry, Tyler,

Upton, Wharton, or Yoakum.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.073. ELECTION. (a) Except as provided by this

section, the election is governed by Sections 143.022 and 143.023

of this code.

(b) The ballot shall be printed to provide for voting for or

against the proposition: "Adoption of the stock law."

(c) The county judge shall open, tabulate, and count the returns

in the presence of the county clerk and at least one justice of

the peace of the county or in the presence of at least two

respectable freeholders of the county. Following that, an order

showing the results of the election shall be recorded in the

minutes of the commissioners court. The order is prima facie

evidence that the requirements of this chapter have been complied

with in relation to presenting the petition, ordering the

election by the commissioners court, giving notice, holding the

election, counting and returning votes, and declaring the

results. If the result is in favor of the proposition, after the

expiration of 30 days after the date of the order, the order is

prima facie evidence that the proclamation required by law has

been made and published.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.074. EFFECT OF ELECTION; ADOPTION OF SUBCHAPTER. (a)

If a majority of the votes cast in an election are for the

proposition, this subchapter is adopted and, after the 30th day

following the date on which the proclamation of results is

issued, a person may not permit any animal of the class mentioned

in the proclamation to run at large in the county or area in

which the election was held.

(b) Sections 143.077-143.082 of this code apply only in a county

or area in which this subchapter has been adopted.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.075. SUBSEQUENT ELECTIONS TO ADOPT SUBCHAPTER. (a)

Except as provided by Subsection (b) of this section, if this

subchapter is not adopted at an election, no other election for

that purpose may be held in the county or area in which the

election was held within one year after the date of the election.

(b) If adoption of this subchapter is defeated at a countywide

election, this section does not prohibit another election on the

proposition from being held immediately thereafter for an area

within the county. If adoption of this subchapter is defeated at

an election in an area within a county, no other election

covering that area may be held except an election in the same

area, which must be held at least one year after the prior

election.

Acts 1981, 67th Leg., p. 1348, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.076. REPEAL. (a) In accordance with this section, the

freeholders of a county or an area in which this subchapter has

been adopted may petition the commissioners court to conduct an

election for repeal of that adoption.

(b) A petition for a countywide election must be signed by at

least 200 freeholders of the county, including 24 freeholders

from each justice precinct. A petition for an election in an area

within a county must be signed by at least 50 freeholders of the

area.

(c) Except as provided by this section, the election is governed

by the provisions of this subchapter relating to the original

election.

(d) If this subchapter has been adopted for the entire county,

it may not be repealed for an area within the county unless

two-thirds of the votes cast at a countywide election favor

repeal for that area.

Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.077. FENCES. A fence is sufficient for purposes of

this chapter if it is sufficient to keep out the classes of

animals not affected by this subchapter.

Acts 1981, 67th Leg., p. 1349, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.082. PENALTY. (a) A person commits an offense if the

person knowingly permits a head of cattle or a domestic turkey to

run at large in a county or area that has adopted this

subchapter.

(b) An offense under this section is a Class C misdemeanor.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 51, Sec. 3, eff. Sept.

1, 1987.

SUBCHAPTER E. ANIMALS RUNNING AT LARGE ON HIGHWAYS

Sec. 143.101. DEFINITION. In this subchapter, "highway" means a

U.S. highway or a state highway in this state, but does not

include a numbered farm-to-market road. The term includes the

portion of Recreation Road Number 255 that is located in Newton

County between State Highway Number 87 and the boundary line with

Jasper County.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 380, Sec. 1, eff. Aug.

31, 1987.

Sec. 143.102. RUNNING AT LARGE ON HIGHWAY PROHIBITED. A person

who owns or has responsibility for the control of a horse, mule,

donkey, cow, bull, steer, hog, sheep, or goat may not knowingly

permit the animal to traverse or roam at large, unattended, on

the right-of-way of a highway.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.103. IMMUNITY FROM LIABILITY. A person whose vehicle

strikes, kills, injures, or damages an unattended animal running

at large on a highway is not liable for damages to the animal

except as a finding of:

(1) gross negligence in the operation of the vehicle; or

(2) wilful intent to strike, kill, injure, or damage the animal.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.104. HERDING OF LIVESTOCK ALONG HIGHWAY. This

subchapter does not prevent the movement of livestock from one

location to another by herding, leading, or driving the livestock

on, along, or across a highway.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.106. ENFORCEMENT. Each state highway patrolman or

county or local law enforcement officer shall enforce this

subchapter and may enforce it without the use of a written

warrant.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.107. CONFLICT WITH OTHER LAW. This subchapter prevails

to the extent of any conflict with another provision of this

chapter.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.108. PENALTY. (a) A person commits an offense if the

person violates Section 143.102 of this code.

(b) An offense under this section is a Class C misdemeanor.

(c) A person commits a separate offense for each day that an

animal is permitted to roam at large in violation of Section

143.102 of this code.

Acts 1981, 67th Leg., p. 1350, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 51, Sec. 4, eff. Sept.

1, 1987.

SUBCHAPTER F. REMOVAL OF ADJOINING FENCES

Sec. 143.121. PROHIBITION. Except as provided by this

subchapter or by mutual consent of the parties, a person may not

remove a fence that is:

(1) a separating or dividing fence in which the person is a

joint owner; or

(2) attached to a fence owned or controlled by another person.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.122. REMOVAL OF FENCE BY OWNER. A person who owns an

interest in a fence attached to a fence owned in whole or in part

by another person is entitled to withdraw his or her fence from

the other fence after giving six months' notice of the intended

separation. The notice must be in writing and given to the owner

of the attached fence or to that person's agent, attorney, or

lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 143.123. REQUIRING REMOVAL OF FENCE BY ANOTHER PERSON. A

person who is the owner of a fence that is wholly on that

person's land may require the owner of an attached fence to

disconnect and withdraw the attached fence by giving six months'

notice of the required disconnection. The notice must be in

writing and given to the owner of the attached fence or that

person's agent, attorney, or lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1,

1981.