Frequently Asked Questions (FAQs)

Q1: Are there any laws in Texas which prohibit and punish people who abandon their animal(s)?

A: In Texas it is a state jail felony to “abandon unreasonably an animal in the person’s custody”. (See Section 42.09 of the Texas Penal Code at http://www.capitol.state.tx.us/statutes/pe.toc.htm). This crime is punishable by a minimum of 180 days in jail and a maximum of 2 years. There can also be a fine up to $10,000. You need to contact the local law enforcement agency (city: police dept. or county: the sheriff's office) immediately, in addition to the local humane organization.
 
Q2: Is it illegal to transport a dog in the back of a pick-up truck?

A: Unfortunately, there are no state laws in Texas that prohibit transporting a dog or, for that matter, any other animal in the back of a pickup truck. Our organization has attempted to pass legislation prohibiting this, but it proved unsuccessful. You might have some luck at the local level, depending on your county or municipality. Some cities have passed prohibitions against transporting animals in the back of a pickup truck and perhaps some counties have done so, but I'm not aware of any. I agree with you that it is a tragedy that we have no laws to prohibit this, but the fact is we don't.
 
Q3: Is there any civil or criminal recourse available against a person who has repeatedly shot your pets? Conditions: Neighbor shot cat/dog on his property outside city limits; however, the neighbor knew who the animal belonged to.

A: In Texas it is a state jail felony to kill a cat or dog belonging to another person. (See Section 42.09 of the Penal Code at http://www.capitol.state.tx.us/statutes/pe.toc.htm). However, it is a defense to prosecution if the cat or dog was “injuring or killing the person's goats, sheep, cattle, horses, swine, or poultry”. You should call the sheriff and report this crime. Unfortunately many law enforcement agencies are not willing to enforce this law, especially when the crime occurred on the killer’s property. They often mistakenly believe that a person has the right to kill any animal on his property for any reason. Regrettably there is nothing a citizen can do when a sheriff or other law enforcement agency will not enforce the law. There is no lawsuit that can be filed to force the sheriff to enforce the law. All you can do in that situation is be the squeaky wheel and complain about the sheriff to the county commissioners, newspaper, t.v. stations, etc. You may be able to prevail in a civil lawsuit against your neighbor. The main problem with a civil lawsuit is that, under current Texas law, if you win your lawsuit you will only be able to recover the “fair market value” of your cat/dog. That is, the amount of money that you could have sold your animal for. Texas law does not allow a person to recover damages for sentimental value or mental anguish when their pet is killed. Therefore, you will probably spend much more money in attorney’s fees than you would recover in a civil lawsuit. The law does not allow you to recover your attorney’s fees from the killer even if you win your lawsuit.

Q4: Is is illegal to abandon/dump an animal in the country, off the highway, in the middle of nowhere, etc?

A: There is a law in this state that makes it a Class A misdemeanor to abandon an animal in your custody. That is in Sec. 42.09(a) of the Texas Penal Code. The problem is not that we don't have a law prohibiting it, the problem is that it is virtually impossible to catch the perpetrator and have sufficient proof to bring charges. In order to bring charges, someone has to witness the person "dumping" the animal and be able to testify that he or she saw the person doing it. This doesn't happen very often.