Animal Cruelty Laws in Texas
TEX. PENAL CODE ANN. 42.09 et seq. -- last amended 2001
Definition of Animal:
A domesticated living creature and wild living creature previously captured.
Statute Summary: A person commits the crime of cruelty to animals if the person:
* Fails to provide food, care, shelter
* Abandons animal
* Transports or confines animal in cruel manner
* Injures an animal
* Seriously overworks an animal
* Intentionally or knowingly tortures an animal
* Overworks an animal
Animal cruelty offenders are subject to be convicted of a Class A Misdemeanor, a fine up to $4,000 or imprisonment up to 1 year. The third offense is subject to State Jail Felony, a fine up to $10,000 or 180 days to 2 years imprisonment.
Help Prevent Animal Cruelty
Citizens who suspect animal cruelty should observe characteristics of the animal and her environment. Does the animal have access to food, water and shelter? Is her area clean? Does the animal have apparent injuries that have not been treated?
A person witnessing first-degree animal cruelty - the intentional infliction of substantial pain or injury to an animal, or the killing of an animal by means causing undue suffering - should immediately notify police (call 311). Documenting the incident with photographs and videotape can be very helpful in prosecution. If such cruelty is not witnessed directly but is suspected, animal control authorities should be notified. Reports of animal cruelty should be as detailed as possible. Dates, times and circumstances should be noted and related to animal control authorities, who should also be made aware of any physical evidence (photos, video, etc.). A person reporting animal cruelty should ask for the name of the animal control officer and ask what action is planned. Follow up, and report any change observed in the animal's condition and situation.
A person reporting animal cruelty need not be concerned with confidentiality. An investigating officer is not likely to identify the source of the complaint. Should the keeper of the animal be prosecuted, witnesses may be called to testify, but the immediate condition of the animal should outweigh concerns about having to testify months from now.
Abandoning an animal constitutes second-degree animal cruelty. A witness to animal abandonment should try to obtain a description of the abandoning person and their vehicle, and a license plate number if possible. If the witness feels safe in doing so, the animal should be transported to a safe location, or animal control authorities should be notified.
To report animal cruelty call 3-1-1
Animals are "thinking," "feeling," and "experiencing" beings. They have basic rights because they have the capacity to suffer. We have a duty to protect those rights.Please know, MHHR is not able to take legal action against anyone. If you suspect abuse you need to contact the local animal control and report it. The only way you know it is being done is if you do it, don't wait for someone else. Sometimes, when that 'someone else' comes along, it is too late for one animal in need.
