Animal Cruelty Laws by State

V.T.C.A., Penal Code § 42.092 (Cruelty to Nonlivestock Animals)

See also Tex. Health & Safety Code Ann. § 821.001-829 (Health and Safety of Animals), in particular

• Tex .Health & Safety Code Ann. § 821.002 (Treatment of Impounded Animals)
• Tex. Health & Safety Code Ann. § 821.051-057 (Euthanasia of Animals)
• Tex. Health & Safety Code Ann. § 823 (Animal Shelter)
• Tex. Health & Safety Code Ann. § 829 (Animal Control Officer Training)
• Tex. Admin. Code, Title 25, Part I, Chapter 169, Subchapter A, Rule § 169.26

“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. Tex. Penal Code Ann. § 42.092

“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. Tex. Penal Code Ann. § 42.092.

• “care” includes veterinary care. See Thomas v. State, 352 S.W.3d 95, 99 (Tex. App. 2011).

Treatment of Impound Animals: (a) 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.

(b) 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. Tex. Health & Safety Code Ann. § 821.002.

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. Tex. Penal Code Ann. § 42.092.

• “Abandon” includes abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person.
• “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.

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

(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; (2) the actor was engaged in bona fide experimentation for scientific research; (3) 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.

Having animal shelters or animal control officers is not mandatory. But if you do have them, you have to meet some statutory standards.

• Definition of animal shelters: “a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals”; does not apply to an animal shelter operated by a municipality; does not apply to a county having a population of less than 75,000

Some of the statutory requirements:

• Housing and sanitation as provided in Chapter 826 for quarantine and impoundment facilities (requirements)
• Animal control officer training adopted under Chapter 829 (Includes training requirements)

Civil action available: “A court of competent jurisdiction may, on the petition of any person, prohibit by injunction the substantial violation of this chapter.” Tex. Health & Safety Code Ann. § 823.007.