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TEXAS COMPANION ANIMAL RELATED LAWS

 

Texas Penal Code TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY.

Chapter 42 DISORDERLY CONDUCT AND RELATED OFFENSES

 

 § 42.091. ATTACK ON ASSISTANCE ANIMAL

(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.

(c) An offense under this section is a:

     (1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;

     (2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or

     (3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.

(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:

     (1) related veterinary or medical bills;

     (2) the cost of:

          (A) replacing the assistance animal; or

          (B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and

     (3) any other expense reasonably incurred as a result of the offense.

(e) In this section:

     (1) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.

     (2) “Custody” has the meaning assigned by Section 42. 09.

Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003.

 

§ 42.092. CRUELTY TO NONLIVESTOCK ANIMALS

(a) In this section:

     (1) “Abandon” includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

     (2) “Animal” means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

     (3) “Cruel manner” includes a manner that causes or permits unjustified or unwarranted pain or suffering.

     (4) “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.

     (5) “Depredation” has the meaning assigned by Section 71.001, Parks and Wildlife Code.

     (6) “Livestock animal” has the meaning assigned by Section 42.09.

     (7) “Necessary food, water, care, or shelter” includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.

     (8) “Torture” includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

     (1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

     (2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

     (3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

     (4) abandons unreasonably an animal in the person's custody;

     (5) transports or confines an animal in a cruel manner;

     (6) without the owner's effective consent, causes bodily injury to an animal;

     (7) causes one animal to fight with another animal, if either animal is not a dog;

     (8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

     (9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) 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, two times under Section 42.09, or one time under this section and one time under Section 42.09.

(c-1) An offense under Subsection (b)(1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09.

(c-2) An offense under Subsection (b)(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 under this section or under Section 42.09.

(d) It is a defense to prosecution under this section that:

     (1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

     (2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

     (1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or

     (2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) 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:

     (1) form of conduct occurring solely for the purpose of or in support of:

           (A) fishing, hunting, or trapping; or

           (B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or

     (2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section.

Added by Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 2, eff. September 1, 2007.

Amended by: 

Acts 2017, 85th Leg., R.S., Ch. 576 (S.B. 762), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 3, eff. September 1, 2017.

 

§ 42.10. DOG FIGHTING

(a) A person commits an offense if the person intentionally or knowingly:

     (1) causes a dog to fight with another dog;

     (2) participates in the earnings of or operates a facility used for dog fighting;

     (3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting;

     (4) owns or possesses dog-fighting equipment with the intent that the equipment be used to train a dog for dog fighting or in furtherance of dog fighting;

     (5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or

     (6) attends as a spectator an exhibition of dog fighting.

(b) In this section:

     (1) “Dog fighting” means any situation in which one dog attacks or fights with another dog.

      (2) “Dog-fighting equipment” has the meaning assigned by Article 18.18(g), Code of Criminal Procedure.

(c) A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated testimony of a party to the offense.

(d) It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.

(e) An offense under Subsection (a)(4), (5), or (6) is a Class A misdemeanor. An offense under Subsection (a)(1), (2), or (3) is a state jail felony.

Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 42.111 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by: 

Acts 2007, 80th Leg., R.S., Ch. 644 (H.B. 916), Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 1, eff. September 1, 2009.

 

CRUELTY COMPLAINTS REGARDING DOGS, CATS, HORSES AND ALL OTHER ANIMALS

Houston Area:

Harris County Animal Cruelty Task Force (HCACTF) - 832-972-PAWS (7297) www.972PAWS.org

Houston SPCA - 713-869-7722 - Ask for Cruelty Investigations

 

Texas Health and Safety Code TITLE 10. HEALTH AND SAFETY OF ANIMALS.

Chapter 821 TREATMENT AND DISPOSITION OF ANIMALS

SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG

 

§ 821.101. DEFINITIONS. In this subchapter:

(1) "Adequate shelter" means a sturdy structure:

     (A) that provides the dog protection from inclement weather; and

     (B) with dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position.

(2) "Collar" means a band of material specifically designed to be placed around the neck of a dog.

(3) "Harness" means a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog.

(4) "Inclement weather" includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures.

(5) "Owner" means a person who owns or has custody or control of a dog.

(6) "Properly fitted" means, with respect to a collar or harness, a collar or harness that:

     (A) is appropriately sized for the dog based on the dog's measurements and body weight;

     (B) does not choke the dog or impede the dog's normal breathing or swallowing; and

     (C) does not cause pain or injury to the dog.

(7) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.

 

§ 821.101. UNLAWFUL RESTRAINT OF DOG; OFFENSE.

(a) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:

     (1) adequate shelter;

     (2) an area that allows the dog to avoid standing water and exposure to excessive animal waste;

     (3) shade from direct sunlight; and

     (4) potable water.

(b) An owner may not restrain a dog outside and unattended by use of a restraint that:

     (1) is a chain;

     (2) has weights attached;

     (3) is shorter in length than the greater of:

          (A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or

          (B) 10 feet; or

     (4) is attached to a collar or harness not properly fitted.

(c) A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.

(d) An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the person has previously been convicted under this section.

(e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.

 

§ 821.103. EXCEPTIONS.

(a) Section 821.102 does not apply to:

     (1) the use of a restraint on a dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction;

     (2) the use of a restraint on a dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog;

     (3) the use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock;

     (4) the use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products;

     (5) a dog left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed;

     (6) a dog taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or

     (7) a dog restrained while the owner and dog are engaged in, or actively training for, hunting or field trialing.

(b) Section 821.102(b)(3) does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision.

(c) This subchapter does not prohibit a person from walking a dog with a handheld leash.

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.

 

§ 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW.

This subchapter does not preempt a local regulation relating to the restraint of a dog or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint of a dog if the regulation, ordinance, or requirement:

(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or

(2) relates to an issue not specifically addressed by this subchapter.

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.

 

City of Houston Texas Code of Ordinances

 

DIVISION 3. - CARE, KEEP, AND USE OF ANIMALS

Sec. 6-7. - General regulations as to care, keeping and using of animals.

Every owner, caretaker or user of any animal shall observe the following rules in connection with the care, keeping and using of the animal, and any person violating any provisions of this section shall be deemed guilty of an offense:

(1) All stables or other enclosures in which the animal is kept and the ground upon which the stable or enclosure is situated shall be maintained in a clean and sanitary condition, and all stables and fences surrounding each lot where the animal is kept and the feed troughs and water troughs, with which such animals are fed and watered, shall be free from any conditions that may injure the animal. All stables and enclosures shall contain adequate space for an animal relative to the animal's species, size, weight, and age and must allow the animal to stand upright without touching any part of the structure and to move around unencumbered.

(2) All stables containing horses shall meet the following minimum standards:

     a.The size of the stable must be at least 100 square feet for horses weighing up to 1,000 pounds; stables for horses weighing over 1,000 pounds shall have a wall length of at least one and a half times the horse's length;

     b. A ceiling height of at least ten feet, with a minimum clearance of three feet and six inches above the horse's head. The ceiling height is measured from the floor to the lowest point of the ceiling of the stable, including any fixtures and beams;

     c. The roof of the stable must be weatherproof and the structure must provide for adequate ventilation;

     d. The walls or partitions of the stable must be flush to the floor and at least eight feet tall and made of solid plywood with metal horizontal edges or boards spaced no more than 1½ inches apart with center bracing. For stables containing multiple horses, the walls or partitions must have metal bars or heavy-gauge wire mesh extending to the ceiling to allow the horses to see each other. The bars must be at least ¾ of an inch to one inch in diameter and spaced no more than three inches apart. The heavy-gauge wire mesh must have openings of no more than two inches;

     e. Door openings must be at least seven feet in height and 45 inches wide; and

     f. The flooring must be nonslip. Any concrete or pavers must have sufficient rubber mats or deep bedding to protect the legs and feet of the horse and must be sloped for drainage. All dirt flooring must be dug out and replaced once it is ammonia saturated.

(3) The owner, caretaker or user shall feed all animals in his care with a quantity of good, wholesome food sufficient to keep the animals in a good, well-nourished condition, and shall serve the food in a clean, sanitary manner.

(4) The owner, caretaker or user shall feed all work and milk animals with salt at proper and regular intervals.

(5) The owner, caretaker or user shall ensure that all horses or mules worked or used have good substantial shoes upon each hoof.

(6) No person shall work or use an animal where there are any sores upon the animal's body, legs, head or shoulders.

(7) The owner, caretaker or user shall ensure that all harness used on any work animal is properly fitted to the animal and is free from any wire, rivets, break, tear or anything else that will irritate or make sores on the animal.

(8) No person shall hitch an animal to any wagon that is not well-greased or where the pole or the singletree is in such condition as may cause injury to the animal.

(9) No person shall drive an animal drawing a wagon or other loaded vehicle faster than at a walk.

(10) The owner, caretaker or user shall provide each animal with pure, clean water in sufficient quantities at all times.

(11) No person shall work or use a sick or crippled animal or lead or drive it on any street of the city.

(12) No person shall run, or participate in the running, of any horse race in, along or across any public road, public square or public street in the city.

(13) No person shall leave a dog outside and unattended by use of a tether unless the person provides the dog access to:

     a. Adequate shelter that is:

          [1] Clean;

          [2] Of sturdy construction;

          [3] Able to protect the dog from direct sunlight, rain, snow, hail and subfreezing temperature; and

          [4] Large enough for the dog to be able to sit, stand, lie down and turn around normally;

     b. An area that allows the dog to avoid standing water; and

     c. Pure, clean water.

(14) No person may restrain a dog by a tether that:

     a. Is less than ten feet in length or five times the length of the dog measured from nose to the base of the tail, whichever is longer;

     b. Due to the weight or construction of the tether itself, causes injury or visible discomfort to the dog;

     c. Is not attached to a properly fitted collar or harness; or

     d. Is a chain.

(15) The caretaker, owner, or user shall provide each animal sufficient and appropriate exercise for the requirements of the species.

(16) The caretaker, owner or user shall ensure that each animal receives adequate grooming, treatment, transportation, and veterinary care when needed to prevent suffering or disease transmission.

(17) The caretaker, owner, or user shall provide each animal sufficient and appropriate shelter for the requirements of the species.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

 

ARTICLE IV. – DOGS AND CATS

 

DIVISION 1. GENERALLY

Sec. 6-76. - Number to be kept.

It is unlawful for any person to own, keep, possess or have control over four or more adult dogs, four or more adult cats, or any combination thereof exceeding three adult dogs and three adult cats on residential property within 100 feet of any other building used for human habitation. The distance shall be measured in a straight line from the nearest point of the structure or fenced enclosure where the animal is contained to the nearest point of the other building used for human habitation.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

DIVISION 2. MICROCHIPPING AND VACCINATION

Sec. 6-85. - Microchip required.

No person shall own, possess or have control over any dog or cat that is four months of age or older unless the dog or cat has been implanted with a microchip.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

 

DIVISION 4. BREEDING AND SELLING

SEC. 6-118. - Pet and live animal sales

(a) It is unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, indoor or outdoor flea market, parking lot sale, or similar event.

(b) This section does not apply to:

      (1) An agent of a business that has a valid permit for a commercial pet service facility under section 6-121 of this Code;

      (2) An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or

      (3) A tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals.

(c) Notwithstanding anything to the contrary in this section, it is unlawful for anyone to sell or offer for sale in commercial or retail pet store, feed store, or other related retail establishment, any canine or feline of any age that is not sourced from a municipal or county animal shelter, or a humane organization as defined in section 6-1 of this Code.

     (1) Commercial or retail establishments selling canines or felines shall keep a record of the animal shelter or humane organization that any canine or feline sold was sourced from. Such records must be kept for a minimum of one year from the date of the sale, and be available for inspection by BARC animal enforcement upon request.

     (2) It shall be an affirmative defense to this section, during the period from January 19, 2022 until January 119, 2023, that such an establishment was fully permitted under this division and in operation prior to January 119, 2022. Thereafter, commencing on January 20, 2023, this affirmative defense shall no longer apply. Anytime such an establishment allows for its permit to lapse or it is no longer compliant with section 6-111 of this Code, it must then comply with section 6-118(c) of this Code.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

REPORT ROADSIDE ANIMAL SALES. Call (281) 999-3191 to report violators.

 

 

Last updated 02/2022

 

"We cannot discount the lives of sensitive and intelligent creatures merely because they assume non-human form."

--G. Kowalski