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	"There's a farmer in my precinct that is complaining about the neighbor’s cattle frequently leaving the pasture to roam onto his farmland. The cattle eat the crops and cause a lot of damage. We're an open range county. I don't think estray enforcement applies in this situation. What information can I give to my constituent to help?"

Can the county sheriff use estray enforcement in an open range section of the county?

Texas is by default an open range (or "run at large") state. In the absence of locally determined range restrictions or statutory prohibitions, livestock are not required to be fenced in and may range freely. A landowner is required to fence his or her property in a sufficient manner to keep out ordinary livestock that are permitted to run at large to preserve the landowner’s ability to recover from damage to property or crops. Agriculture Code §143.028. This typically excludes impoundment of stock in an open range county unless they are on a public highway under Agriculture Code §143.102. For more information about the authority to use estray enforcement, see our publication Short Answers to Common Questions: Stock Laws.