CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS
SUBCHAPTER A. TREATMENT OF ANIMALS
Sec. 821.001. DEFINITION. In this subchapter, "animal" includes
every living dumb creature.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 821.002. TREATMENT OF IMPOUNDED 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.
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, Sec. 1, eff. Sept. 1, 1989.
Sec. 821.003. TREATMENT OF LIVE BIRDS. (a) This section
applies to a person who receives live birds for transportation or
for confinement:
(1) on wagons or stands;
(2) by a person who owns a grocery store, commission house, or
other market house; or
(3) by any other person if the birds are to be closely confined.
(b) The person shall immediately place the birds in coops,
crates, or cages that are made of open slats or wire on at least
three sides and that are of a height so that the birds can stand
upright without touching the top.
(c) The person shall keep clean water and suitable food in
troughs or other receptacles in the coops, crates, or cages. The
troughs or other receptacles must be easily accessible to the
confined birds and must be placed so that the birds cannot defile
their contents.
(d) The person shall keep the coops, crates, or cages in a clean
and wholesome condition and may place in each coop, crate, or
cage only the number of birds that have room to move around and
to stand without crowding each other.
(e) The person may not expose the birds to undue heat or cold
and shall immediately remove all injured, diseased, or dead birds
from the coops, crates, or cages.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. DISPOSITION OF CRUELLY TREATED ANIMALS
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 associate judges of
statutory probate courts, or judges or associate judges 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, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
334, Sec. 10, eff. September 1, 2009.
Sec. 821.022. SEIZURE OF CRUELLY TREATED ANIMAL. (a) 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.
(b) 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.
(c) 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 1, eff. June 7,
1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.023. HEARING; ORDER OF DISPOSITION OR RETURN OF ANIMAL.
(a) A finding in a court of competent jurisdiction that the
owner of an animal is guilty of an offense under Section 42.09 or
42.092, Penal Code, involving the animal is prima facie evidence
at a hearing authorized by Section 821.022 that the animal has
been cruelly treated.
(b) 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 or 42.092, Penal Code.
(c) Each interested party is entitled to an opportunity to
present evidence at the hearing.
(d) 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:
(1) order a public sale of the animal by auction;
(2) order the animal given to a nonprofit animal shelter, pound,
or society for the protection of animals; or
(3) 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.
(e) 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:
(1) investigation;
(2) expert witnesses;
(3) housing and caring for the animal during its impoundment;
(4) conducting any public sale ordered by the court; and
(5) humanely destroying the animal if destruction is ordered by
the court.
(f) 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.
(g) 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 157, Sec. 1, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 14.43, 14.44, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
886, Sec. 4, eff. September 1, 2007.
Sec. 821.024. SALE OR DISPOSITION OF CRUELLY TREATED ANIMAL.
(a) 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.
(b) 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.
(c) 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 2, eff. June 7,
1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.025. APPEAL. (a) An owner divested of ownership of an
animal under Section 821.023 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, not later than the 10th calendar day after the date the
order is issued, the owner must file a notice of appeal and an
appeal bond in an amount determined by the court from which the
appeal is taken to be adequate to cover the estimated expenses
incurred in housing and caring for the impounded animal during
the appeal process. Not later than the fifth calendar day after
the date the notice of appeal and appeal bond is filed, the court
from which the appeal is taken shall deliver a copy of the
court's transcript to the county court or county court at law to
which the appeal is made. Not later than the 10th calendar day
after the date the county court or county court at law, as
appropriate, receives the transcript, the court shall dispose of
the appeal. The decision of the county court or county court at
law under this section is final and may not be further appealed.
(b) While an appeal under this section is pending, the animal
may not be:
(1) sold or given away as provided by Sections 821.023 and
821.024; or
(2) 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1351, Sec. 11(a), eff. September 1, 2009.
SUBCHAPTER C. EUTHANASIA OF ANIMALS
Sec. 821.051. DEFINITIONS. In this subchapter:
(1) "Animal" has the meaning assigned by Section 821.001.
(2) "Animal shelter" means a facility that collects, impounds,
or keeps stray, homeless, abandoned, or unwanted animals.
(3) "Board" means the Texas Board of Health.
(4) "Department" means the Texas Department of Health.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1,
2003.
Sec. 821.052. METHODS OF EUTHANASIA. (a) A person may
euthanize a dog or cat in the custody of an animal shelter only
by administering sodium pentobarbital or commercially compressed
carbon monoxide.
(b) A person may euthanize all other animals in the custody of
an animal shelter, including birds and reptiles, only in
accordance with the applicable methods, recommendations, and
procedures set forth in the 2000 Report of the American
Veterinary Medical Association Panel on Euthanasia as modified or
superseded by a subsequent report of the American Veterinary
Medical Association Panel on Euthanasia that is approved by the
board.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1,
2003.
Sec. 821.053. REQUIREMENTS FOR USE OF SODIUM PENTOBARBITAL. (a)
The board by rule shall establish the requirements and
procedures for administering sodium pentobarbital to euthanize an
animal in the custody of an animal shelter.
(b) A person may administer sodium pentobarbital to euthanize an
animal in the custody of an animal shelter only in accordance
with the requirements and procedures established by board rule.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
Sec. 821.054. REQUIREMENTS FOR USE OF COMMERCIALLY COMPRESSED
CARBON MONOXIDE. (a) The board by rule shall establish:
(1) standards for a carbon monoxide chamber used to euthanize an
animal in the custody of an animal shelter; and
(2) requirements and procedures for administering commercially
compressed carbon monoxide to euthanize an animal in the custody
of an animal shelter.
(b) A person administering commercially compressed carbon
monoxide to euthanize an animal in the custody of an animal
shelter:
(1) may use only a carbon monoxide chamber that meets the
standards established by board rule; and
(2) may administer the commercially compressed carbon monoxide
only in accordance with the requirements and procedures
established by board rule.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
Sec. 821.055. TRAINING FOR EUTHANASIA TECHNICIANS. (a) A
person may not euthanize an animal in the custody of an animal
shelter unless the person has successfully completed, not more
than three years before the date the person euthanizes the
animal, a training course in the proper methods and techniques
for euthanizing animals. The training course curriculum must
include:
(1) the pharmacology, proper administration, and storage of
euthanasia solutions;
(2) federal and state law regulating the storage and
accountability of euthanasia solutions;
(3) euthanasia technician stress management;
(4) proper restraint and handling of an animal during
euthanasia;
(5) the procedures for administering commercially compressed
carbon monoxide to an animal;
(6) techniques for verifying an animal's death; and
(7) the proper disposal of a euthanized animal.
(b) The department must approve the sponsors and curriculum of
the training course required by this section.
(c) This section does not apply to a person licensed to practice
veterinary medicine in this state.
(d) Notwithstanding Subsection (a), an employee of an animal
shelter is not required to have successfully completed the
training course before the 120th day following the date of
initial employment.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
Sec. 821.056. OFFENSE AND PENALTY. (a) A person commits an
offense if the person violates this subchapter or a board rule
adopted under this subchapter.
(b) An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1,
2003.
Sec. 821.057. INJUNCTION. A court of competent jurisdiction, on
the petition of any person, may prohibit by injunction the
substantial violation of this subchapter or a board rule adopted
under this subchapter.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1,
2003.
SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG
Sec. 821.076. DEFINITIONS. In this subchapter:
(1) "Collar" means any collar constructed of nylon, leather, or
similar material, specifically designed to be used for a dog.
(2) "Owner" means a person who owns or has custody or control of
a dog.
(3) "Properly fitted" means, with respect to a collar, a collar
that measures the circumference of a dog's neck plus at least one
inch.
(4) "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 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.
Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may not
leave a dog outside and unattended by use of a restraint that
unreasonably limits the dog's movement:
(1) between the hours of 10 p.m. and 6 a.m.;
(2) within 500 feet of the premises of a school; or
(3) in the case of extreme weather conditions, including
conditions in which:
(A) the actual or effective outdoor temperature is below 32
degrees Fahrenheit;
(B) a heat advisory has been issued by a local or state
authority or jurisdiction; or
(C) a hurricane, tropical storm, or tornado warning has been
issued for the jurisdiction by the National Weather Service.
(b) In this section, a restraint unreasonably limits a dog's
movement if the restraint:
(1) uses a collar that is pinch-type, prong-type, or choke-type
or that is not properly fitted to the dog;
(2) is a length shorter 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;
(3) is in an unsafe condition; or
(4) causes injury to the dog.
Added by Acts 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.
Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply to:
(1) a dog restrained to a running line, pulley, or trolley
system and that is not restrained to the running line, pulley, or
trolley system by means of a pinch-type, prong-type, choke-type,
or improperly fitted collar;
(2) a dog restrained in compliance with the requirements of a
camping or recreational area as defined by a federal, state, or
local authority or jurisdiction;
(3) a dog restrained for a reasonable period, not to exceed
three hours in a 24-hour period, and no longer than is necessary
for the owner to complete a temporary task that requires the dog
to be restrained;
(4) a dog restrained while the owner is engaged in, or actively
training for, an activity that is conducted pursuant to a valid
license issued by this state if the activity for which the
license is issued is associated with the use or presence of a
dog;
(5) a dog restrained while the owner is engaged in conduct
directly related to the business of shepherding or herding cattle
or livestock; or
(6) a dog restrained while the owner is engaged in conduct
directly related to the business of cultivating agricultural
products, if the restraint is reasonably necessary for the safety
of the dog.
Added by Acts 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.
Sec. 821.079. PENALTY. (a) A person commits an offense if the
person knowingly violates this subchapter.
(b) A peace officer or animal control officer who has probable
cause to believe that an owner is violating this subchapter shall
provide the owner with a written statement of that fact. The
statement must be signed by the officer and plainly state the
date on which and the time at which the statement is provided to
the owner.
(c) A person commits an offense if the person is provided a
statement described by Subsection (b) and fails to comply with
this subchapter within 24 hours of the time the owner is provided
the statement. An offense under this subsection is a Class C
misdemeanor.
(d) A person commits an offense if the person violates this
subchapter and previously has been convicted of an offense under
this subchapter. An offense under this subsection is a Class B
misdemeanor.
(e) If a person fails to comply with this subchapter with
respect to more than one dog, the person's conduct with respect
to each dog constitutes a separate offense.
(f) 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 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.
Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other
law, the clerk of a court that collects a penalty under this
subchapter shall remit the penalty collected for deposit in the
general fund of the county.
Added by Acts 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.
Sec. 821.081. HAND-HELD LEASHES. This subchapter does not
prohibit a person from walking a dog with a hand-held leash.
Added by Acts 2007, 80th Leg., R.S., Ch.
674, Sec. 1, eff. September 1, 2007.