{"id":13437,"date":"2024-10-29T12:25:33","date_gmt":"2024-10-29T17:25:33","guid":{"rendered":"https:\/\/agrilife.org\/texasaglaw\/?p=13437"},"modified":"2026-04-17T15:10:08","modified_gmt":"2026-04-17T20:10:08","slug":"questions-from-tiffanys-desk-what-is-happening-with-the-stock-law-election-in-brazos-county","status":"publish","type":"post","link":"https:\/\/agrilife.org\/texasaglaw\/2024\/10\/29\/questions-from-tiffanys-desk-what-is-happening-with-the-stock-law-election-in-brazos-county\/","title":{"rendered":"Questions from Tiffany’s Desk: What Is Happening with the Stock Law Election in Brazos County?"},"content":{"rendered":"

***UPDATE***\u00a0 Brazos County voters voted 70% in favor of the stock law.\u00a0 However, the county announced shortly after election day that the stock law was on hold due to some questions about the process of the election.\u00a0 [Read more here<\/a>.]<\/span><\/p>\n

Question<\/strong>:\u00a0 What is happening with the stock law election in Brazos County?<\/p>\n

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TAMU AgriLife Photo by Steve Byrns<\/em><\/p><\/div>\n

Answer:<\/strong><\/p>\n

This is a question I have gotten several times over the past couple of weeks.<\/p>\n

Background<\/span><\/p>\n

Brazos County voters will see two propositions on the ballot this November.\u00a0 Proposition A involves the adoption of a stock law to require cattle to be fenced in.\u00a0 Proposition B involves the adoption of a stock law to require horses, mules, jacks, jennets, donkeys, hogs, sheep, and goats to be fenced in.<\/p>\n

Stock laws are already in place in many counties across Texas.\u00a0 These laws change the legal obligation or duty of livestock owners, requiring them to fence livestock and to prevent them from running at large.<\/p>\n

Basic law<\/span><\/p>\n

To understand the impact of this election in Brazos County, we first need to understand the difference between an open range area and a closed range area.<\/p>\n

Open range means livestock owners are not required to fence their livestock in or prevent them from roaming at large.\u00a0 In other words, livestock owners are able to allow their livestock to roam free.\u00a0 Legally speaking, in an open range county, we would say the livestock owner does not owe any duty to fence his or her animals in.\u00a0 Instead, the duty is on the neighboring landowner to fence animals out.\u00a0 In other words, livestock owners are able to allow their livestock to roam free.\u00a0 The Texas Supreme Court described open range as, “if cattle of one person wander upon the unenclosed lands of another… they are not trespassers, and the owner is not liable for any damage that they may inflict.”<\/p>\n

Closed range is just the opposite, meaning that a livestock owner has an obligation to fence animals in on his or her own property and prevent them from running at large.\u00a0 In a closed range area, the owner must fence animals in, rather than the neighbor being required to fence them out as is the case with an open range area. Although this duty exists in closed range counties, it does not impose automatic liability should animals get out of the fenced area.\u00a0 Instead, when animals get outside a fence in a closed range area, courts will analyze the fact-specific circumstances to determine if the owner violated his or her duty not to allow the animals to run at large.\u00a0 Generally speaking, pertinent facts include the condition of the fences, whether the gate was left open, how often the animals were out before, whether the landowner knew that the animals were out, and how long the animals were at large.\u00a0 Depending on these facts, a court will decide whether an animal owner should be held liable.<\/p>\n

Texas<\/span><\/p>\n

Texas is considered an open range state.\u00a0 There are, however, two laws that actually two exceptions to this general rule that make most of the state closed range.\u00a0 This includes a state statute making all properties along State and US Highways closed range, and a statute allowing for counties to hold elections where landowners can vote to change the county (or some portion thereof) from open range to closed range.\u00a0 Counties have the option of voting to become closed range by an election.<\/p>\n

Brazos County<\/span><\/p>\n

To date, Brazos County has not passed a local stock law, but that is what is on the ballot this November.\u00a0 Brazos County landowners will vote to decide whether the county’s open range status will remain, or whether the county will change to a closed range county for the identified classes of livestock.<\/p>\n

This law will certainly have implications on Brazos County landowners if it passes:<\/p>\n