Animal Cruelty Remedies in Texas
Approaches to Protection
Two avenues are available to the state, county or municipal authority which seeks to protect animals from abuse. Namely, criminal prosecutions under Chapter 42.09 of the Texas Penal Code or filing a civil action against the abuser under Texas Health & Safety Code Section 821.023.[i]
In the criminal proceeding, a defendant may face loss of freedom or fine or both, whereas under section 821.023 the abuser may be subject to financial loss and confiscation of the animal(s). Usually the civil remedy means that the owner or caretaker of the abused animal(s) will be required to pay the costs incurred by the relevant animal shelter for veterinary care as well as feeding and boarding of the animal(s) during the pendency of the lawsuit.
“Custody” Under Texas Law
Very often abusers (especially hoarders whose main form of abuse is neglect) will offer the defense of non or incomplete ownership of the animal(s). In both criminal and civil cases it is not difficult for the government to establish ownership. “Custody” is the operative word—proof of mere possession and control will satisfy the custody requirement especially in civil cases. In McDonald v. State of Texas,[ii] a defendant said that he found a dog in the back of his truck. His defense failed and he was convicted of abandoning the animal. The appeals court held that the manner of the defendant getting custody is irrelevant. Consequently, some appellate courts think that the McDonald court went too far in criminal cases, but the definition of “custody” will likely remain broad for civil cases.
Developments/Progress
Public awareness of animal cruelty and concern for animal welfare is growing and lawmakers and law enforcement are answering the concerns. Television programs such as “Animal Cops Houston” and “CNN Heroes” have fueled these changes. In 2009, Harris County District Attorney Patricia Lykos created a new Animal Cruelty Section. Her office also supported a successful cockfighting bill.[iii]
The Harris County DA’s office continues to be proactive with the HOPE Program (Helping Our Pets Through Education), which is essentially a youth education program aimed at preventing young people from becoming abusers. The program features an intensive webinar via the National District Attorney’s Association website, www.ndaa.org.[iv]
Harris County Attorney Vince Ryan is also concerned about animal welfare. He has continued and expanded the commitment to enforcement of the civil remedies provided by section 821.021 and 821.023 of the Texas Health & Safety Code. Sadly, nearly every week the County Attorney’s office obtains 4 to 10 judgements against defendants who have neglected, abandoned or mistreated their animals. We believe that enforcement of both civil and criminal laws will complement and enhance the welfare of animals in Harris County.
[i] Granger v. Folk, 931 S.W.2d 390 (Tex. App.—Beaumont 1996).
[ii] McDonald v. State, 64 S.W.3d 86 (Tex. App.—Austin 2001).Cited in James Key’s wonderful online article Texas Criminal Animal Protection Laws.
[iii] Animal Cruelty as a Cause of Action, A Look at What Harris County is Doing. Heather Cook & George Flynn TBJ Nov. 2011.
Posted by on 8 Sep 2016
About the author
Garland “Mack” McInnis & Natasha Egharevba
Harris County Attorney's Office