TEXAS STATUTES
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS
SUBCHAPTER A. TREATMENT OF ANIMALS
s 821.001. Definition
In this subchapter, "animal" includes every living dumb creature.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
s 821.002. Treatment of Impounded Animals
- A person who impounds or causes the impoundment of an animal under state law or municipal ordinance shall supply the animal with sufficient wholesome food and water during its confinement.
- If an animal impounded under Subsection (a) continues to be without necessary food and water for more than 12 successive hours, any person may enter the pound or corral as often as necessary to supply the animal with necessary food
and water. That person may recover the reasonable cost of the food and water from the owner of the animal. The animal is not exempt from levy and sale on execution of a judgment issued to recover those costs.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
s 821.004. Knowledge or Acts of Corporate Agent or Employee
The knowledge and acts of an agent or employee of a corporation in regard to an animal transported, owned, or used by or in the custody of the corporation are the knowledge and acts of the corporation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
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SUBCHAPTER B. DISPOSITION OF CRUELLY TREATED ANIMALS
s 821.021. Definition
In this subchapter, "cruelly treated" includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, or caused to fight with another animal.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
s 821.0211. Additional Definition
- In this subchapter,
"magistrate" means any officer as defined in Article 2.09, Code of
Criminal Procedure, except that the term does not include justices
of the supreme court, judges of the court of criminal appeals, or
courts of appeals, judges or masters of statutory probate courts,
or judges or masters of district courts that give preference to
family law matters or family district courts under Subchapter D,
Chapter 24, Government Code.
Acts 2003, 78th Leg., ch. 1043, § 1, eff. Sept. 1, 2003.
s 821.022. Seizure of Cruelly Treated Animal
- If a peace officer or an officer who has responsibility for animal
control in a county or municipality has reason to believe that an
animal has been or is being cruelly treated, the officer may apply
to a justice court or magistrate in the county or to a municipal
court in the municipality in which the animal is located for a
warrant to seize the animal.
- On a showing of probable cause to believe that the
animal has been or is being cruelly treated, the court or magistrate
shall issue the warrant and set a time within 10 calendar days of
the date of issuance for a hearing in the appropriate justice court
or municipal court to determine whether the animal has been cruelly
treated.
- The officer executing the warrant shall cause the animal
to be impounded and shall give written notice to the owner of the
animal of the time and place of the hearing.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 387, § 1, eff. June 7, 1991; Acts
2003, 78th Leg., ch. 1043, § 2, eff. Sept. 1, 2003.
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s 821.023. Hearing; Order of Sale or Return of Animal
- A finding in a court of competent jurisdiction that
the owner of an animal is guilty of an offense under Section 42.09,
Penal Code, involving the animal is prima facie evidence at a
hearing authorized by Section 821.022 that the animal has been
cruelly treated.
- A statement of an owner made at a hearing provided for
under this subchapter is not admissible in a trial of the owner for
an offense under Section 42.09, Penal Code.
- Each interested party is entitled to an opportunity to present evidence at the hearing.
- If the court finds that the animal's owner has cruelly
treated the animal, the owner shall be divested of ownership of the
animal, and the court shall:
- order a public sale of the animal by auction;
- order the animal given to a nonprofit animal shelter, pound, or society for the protection of animals; or
- order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so.
- A court that finds that an animal's owner has cruelly
treated the animal shall order the owner to pay all court costs,
including costs of:
- investigation;
- expert witnesses;
- housing and caring for the animal during its impoundment;
- conducting any public sale ordered by the court; and
- humanely destroying the animal if destruction is
ordered by the court.
- The court may order that an animal disposed of under
Subsection (d)(1) or (d)(2) be spayed or neutered at the cost of the
receiving party.
- The court shall order the animal returned to the owner
if the court does not find that the animal's owner has cruelly
treated the animal.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 157, § 1, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 14.43, 14.44, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 1043, § 2, eff. Sept. 1, 2003.
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s 821.024. Sale or Disposition of Cruelly Treated Animal
- Notice of an auction ordered under this subchapter
must be posted on a public bulletin board where other public notices
are posted for the county or municipality. At the auction, a bid by
the former owner of a cruelly treated animal or the owner's
representative may not be accepted.
- Proceeds from the sale of the animal shall be applied
first to any costs owed by the former owner under Section
821.023(e). The officer conducting the auction shall pay any excess
proceeds to the justice or municipal court ordering the auction.
The court shall return the excess proceeds to the former owner of
the animal.
- If the officer is unable to sell the animal at auction,
the officer may cause the animal to be humanely destroyed or may
give the animal to a nonprofit animal shelter, pound, or society for
the protection of animals.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 387, § 2, eff. June 7, 1991; Acts
2003, 78th Leg., ch. 1043, § 2, eff. Sept. 1, 2003.
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s 821.025. Appeal
- An owner of an animal ordered
sold at public auction as provided in this subchapter may appeal the
order to a county court or county court at law in the county in which
the justice or municipal court is located. As a condition of
perfecting an appeal, the owner must file an appeal bond in an
amount determined by the justice or municipal court to be adequate
to cover the estimated expenses incurred in housing and caring for
the impounded animal during the appeal process. The decision of the
county court or county court at law may not be further appealed. An
owner may not appeal an order:
- to give the animal to a nonprofit animal shelter, pound, or society for the protection of animals; or
- to humanely destroy the animal.
- While an appeal under this section is pending, the animal may not be:
- sold or given away as provided by Sections 821.023 and 821.024; or
- destroyed, except under circumstances which would
require the humane destruction of the animal to prevent undue pain
to or suffering of the animal.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 1043, § 2, eff. Sept. 1, 2003.
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PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
s 42.09. Cruelty to Animals
- A person commits an offense if the person intentionally or knowingly:
- tortures an animal;
- fails unreasonably to provide necessary food, care, or shelter for an animal in the person's custody;
- abandons unreasonably an animal in the person's custody;
- transports or confines an animal in a cruel manner;
- kills, seriously injures, or administers poison to
an animal, other than cattle, horses, sheep, swine, or goats,
belonging to another without legal authority or the owner's
effective consent;
- causes one animal to fight with another;
- uses a live animal as a lure in dog race training or in dog coursing on a racetrack;
- trips a horse;
- injures an animal, other than cattle, horses,
sheep, swine, or goats, belonging to another without legal
authority or the owner's effective consent; or
- seriously overworks an animal.
- It is a defense to prosecution under this section that
the actor was engaged in bona fide experimentation for scientific
research.
- For purposes of this section:
- "Abandon" includes abandoning an animal in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
- "Animal" means a domesticated living creature and
wild living creature previously captured. "Animal" does not include
an uncaptured wild creature or a wild creature whose capture was
accomplished by conduct at issue under this section.
- "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
- "Custody" includes responsibility for the health,
safety, and welfare of an animal subject to the person's care and
control, regardless of ownership of the animal.
- "Necessary food, care, or shelter" includes food,
care, or shelter provided to the extent required to maintain the
animal in a state of good health.
- "Trip" means to use an object to cause a horse to fall or lose its balance.
- An offense under Subsection (a)(2), (3), (4), (9), or
(10) is a Class A misdemeanor, except that the offense is a state
jail felony if the person has previously been convicted two times
under this section.
- It is a defense to prosecution under Subsection (a)(5)
that the animal was discovered on the person's property in the act
of or immediately after injuring or killing the person's goats,
sheep, cattle, horses, swine, or poultry and that the person killed
or injured the animal at the time of this discovery.
- It is a defense to prosecution under Subsection (a)(8)
that the actor tripped the horse for the purpose of identifying the
ownership of the horse or giving veterinary care to the horse.
- It is a defense to prosecution for an offense under this
section that the person had a reasonable fear of bodily injury to
the person or to another by a dangerous wild animal as defined by
Section 822.101, Health and Safety Code.
- It is an exception to the application of this section
that the conduct engaged in by the actor is a generally accepted and
otherwise lawful:
- use of an animal if that use occurs solely for the purpose of:
- fishing, hunting, or trapping; or
- wildlife control as regulated by state and federal law; or
- animal husbandry or farming practice involving livestock.
- An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except that the offense is a felony of
the third degree if the person has previously been convicted two times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 12, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549, § 1, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., ch. 78, § 1, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Penal Code § 42.11 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 1995, 74th Leg., ch. 318, § 15, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1283, § 1, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 54, § 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 450, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275,
§ 2(116), eff. Sept. 1, 2003.
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