In Austin , you can no longer tether an animal for more than
eight hours a day. The chain must be at least 10 feet long and
weigh no more than 1/18th of the dog's weight. In addition, the dog
must be able to reach water and shelter. This law, effective
October 15, 2002, will be enforced by animal control officers as
they educate the public on humane animal care. The tethering law
makes it a cruelty to keep an animal chained without shelter, food
and water and will foster improved conditions for "backyard dogs."
To report an instance of potential animal cruelty as defined by
the ordinance, call 3-1-1. Give the address of the home where the
dog is chained and as much information as you have. You will be
provided a case number for each report you make. Once the report is
filed, an animal control officer should be sent to the house to
talk to the owners. The first step is a warning, giving the person
responsible for the pet one chance to remedy the situation. If the
conditions persist, fines are issued. If it appears to be a serious
case, the animal cruelty officer, Detective Chris Lamb, is supposed
to investigate. His direct phone number with APD is
972-6028.
§ 42.09. CRUELTY TO ANIMALS.
(a) A person commits an
offense if the person intentionally or knowingly:
(1) tortures an animal;
(2) fails unreasonably to provide necessary food,
care, or shelter for an animal in the person's custody;
(3) abandons unreasonably an animal in the person's
custody;
(4) transports or confines an animal in a cruel
manner;
(5) kills, seriously injures, or administers poison to
an animal, other than cattle, horses, sheep, swine, or goats,
belonging to another without legal authority or the owner's
effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training
or in dog coursing on a racetrack;
(8) trips a horse;
(9) injures an animal, other than cattle, horses,
sheep, swine, or goats, belonging to another without legal
authority or the owner's effective consent; or
(10) seriously overworks an animal.
(b) It is a defense to prosecution under this section
that
the actor was engaged in bona fide experimentation for
scientific
research.
(c) For purposes of this section:
(1) "Abandon" includes abandoning an animal in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
(2) "Animal" means a domesticated living creature and
wild living creature previously captured. "Animal" does not
include
an uncaptured wild creature or a wild creature whose capture
was
accomplished by conduct at issue under this section.
(3) "Cruel manner" includes a manner that causes or
permits unjustified or unwarranted pain or suffering.
(4) "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.
(5) "Necessary food, care, or shelter" includes food,
care, or shelter provided to the extent required to maintain
the
animal in a state of good health.
(6) "Trip" means to use an object to cause a horse to
fall or lose its balance.
(d) An offense under Subsection (a)(2), (3), (4), (9),
or
(10) is a Class A misdemeanor, except that the offense is a
state
jail felony if the person has previously been convicted two
times
under this section.
(e) It is a defense to prosecution under Subsection
(a)(5)
that the animal was discovered on the person's property in the
act
of or immediately after injuring or killing the person's
goats,
sheep, cattle, horses, swine, or poultry and that the person
killed
or injured the animal at the time of this discovery.
(f) It is a defense to prosecution under Subsection
(a)(8)
that the actor tripped the horse for the purpose of identifying
the
ownership of the horse or giving veterinary care to the horse.
(g) It is a defense to prosecution for an offense under
this
section that the person had a reasonable fear of bodily injury
to
the person or to another by a dangerous wild animal as defined
by
Section 822.101, Health and Safety Code.
(h) It is an exception to the application of this
section
that the conduct engaged in by the actor is a generally accepted
and
otherwise lawful:
(1) use of an animal if that use occurs solely for the
purpose of:
(A) fishing, hunting, or trapping; or
(B) wildlife control as regulated by state and
federal law; or
(2) animal husbandry or farming practice involving
livestock.
(i) An offense under Subsection (a)(1), (5), (6), (7),
or
(8) is a state jail felony, except that the offense is a felony
of
the third degree if the person has previously been convicted
two
times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974
.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 12,
eff.
Sept. 1, 1975 ; Acts 1985, 69th Leg., ch. 549, § 1,
eff. Sept. 1,
1985 ; Acts 1991, 72nd Leg., ch. 78, § 1, eff. Aug. 26,
1991 .
Renumbered from V.T.C.A., Penal Code § 42.11 and amended by
Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994 .
Amended by
Acts 1995, 74th Leg., ch. 318, § 15, eff. Sept. 1, 1995 ;
Acts
1997, 75th Leg., ch. 1283, § 1, eff. Sept. 1, 1997 ;
Acts 2001,
77th Leg., ch. 54, § 3, eff. Sept. 1, 2001 ; Acts 2001,
77th Leg.,
ch. 450, § 1, eff. Sept. 1, 2001 ; Acts 2003, 78th
Leg., ch. 1275,
§ 2(116), eff. Sept. 1, 2003 .
42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A
person
commits an offense if the person intentionally, knowingly, or
recklessly attacks, injures, or kills an assistance animal.
(b) A person commits an offense if the person
intentionally,
knowingly, or recklessly incites or permits an animal owned by
or
otherwise in the custody of the actor to attack, injure, or kill
an
assistance animal and, as a result of the person's conduct,
the
assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned
by or otherwise in the custody of the actor attacks an
assistance
animal;
(2) state jail felony if the actor or an animal owned
by or otherwise in the custody of the actor injures an
assistance
animal; or
(3) felony of the third degree if the actor or an
animal owned by or otherwise in the custody of the actor kills
an
assistance animal.
(d) A court shall order a defendant convicted of an
offense
under Subsection (a) to make restitution to the owner of the
assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an
organization generally recognized by agencies involved in the
rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training
to
an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result
of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
(2) "Custody" has the meaning assigned by Section 42.09.
Added by Acts 2003, 78th Leg., ch. 710, § 2, eff. Sept. 1,
2003 .
42.10. DOG FIGHTING. (a) A person commits an
offense
if he intentionally or knowingly:
(1) causes a dog to fight with another dog;
(2) for a pecuniary benefit causes a dog to fight with
another dog;
(3) participates in the earnings of or operates a
facility used for dog fighting;
(4) uses or permits another to use any real estate,
building, room, tent, arena, or other property for dog
fighting;
(5) owns or trains a dog with the intent that the dog
be used in an exhibition of dog fighting; or
(6) attends as a spectator an exhibition of dog
fighting.
(b) In this section, "dog fighting" means any situation
in
which one dog attacks or fights with another dog.
(c) A conviction under Subdivision (2), (3), or (4) of
Subsection (a) may be had upon the uncorroborated testimony of
a
party to the offense.
(d) It is a defense to prosecution under Subdivision (1)
or
(2) of Subsection (a) that the actor caused a dog to fight
with
another dog to protect livestock, other property, or a person
from
the other dog, and for no other purpose.
(e) An offense under Subdivision (1) or (5) of
Subsection
(a) is a Class A misdemeanor. An offense under Subdivision
(2),
(3), or (4) of Subsection (a) is a state jail felony. An
offense
under Subdivision (6) of Subsection (a) is a Class C
misdemeanor.
PDF file is available of the:
Primer for Animial Cruelty
Investigations and Procedures for pursuing Animal Abuse
Cases.
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