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. 821.022. Seizure of Cruelly Treated Animal.
(a) If a county sheriff, constable, or deputy constable or an
officer who has responsibility for animal control in a
municipality has reason to believe that an animal has been or is
being cruelly treated, he may apply to a justice court 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 shall issue the
warrant and set a time within 10 days of the date of issuance for
a hearing in the 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.
Sec. 821.023. Hearing; Order of Sale or Return of Animal.
(a) A finding in county court 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.
(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, Penal Code.
(c) Each interested party is entitled to an opportunity to
present evidence at the hearing.
(d) Except as provided by Subsection (e), if the court finds
that the animal's owner has cruelly treated the animal, 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) If the court finds that the animal's owner has cruelly
treated the animal and that the animal is farm livestock, the
owner shall be divested of ownership 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. In this
subsection, "farm livestock" means cattle, hogs, sheep, goats,
mules, horses, jacks, jennets, or poultry raised or used on a
farm or ranch for food or for the production of legal income.
(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.
Amended by Acts 1995, 74th Leg., ch. 76, Secs. 14.43, 14.44, eff.
Sept. 1, 1995.
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 the expenses incurred in caring for the animal during
impoundment and in conducting the auction. 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, he
may cause the animal to be 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.
Sec. 821.025. Appeal.
(a) An owner of an animal ordered sold at public auction as
provided in this subchapter may appeal the order.
(b) While an appeal under this section is pending, the animal
may not be sold, destroyed, or given away as provided by Sections
821.022-821.024.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989