Texas Animal Cruelty Laws: Which Species Are Protected?

Texas has both civil and criminal laws in place to protect animals from cruelty and inhumane treatment. Criminal laws prohibit the cruel treatment of domestic animals, while civil laws protect a broader scope of animals but adopt a narrower definition of what constitutes cruelty. Texas criminal cruelty laws only apply to domesticated living creatures or any wild living creature previously captured, which includes livestock and animals in custody, such as household pets. Texas' animal cruelty laws are narrower in scope compared to other states as they exclude certain types of animals, such as wild, circus animals, and animals used in experiments.

Criminal vs civil laws

Texas has two types of laws that protect animals from cruelty: civil laws and criminal laws. These laws are similar but differ in the penalties they impose.

Civil Laws

In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and order them to pay restitution. The scope of civil laws is broader and does not differentiate between domestic and wild animals. However, civil statutes adopt a much narrower definition of what constitutes cruelty. For example, in a civil action, private parties or a justice of the peace can bring suit against the violator. A private party may sue the violator to recover damages for the loss of their animal, or a justice of the peace may use the civil laws to order the seizure of a cruelly treated animal.

Criminal Laws

If prosecuted in a criminal case, a person may face penalties including fines, jail, community service, and/or probation. Those under the age of 18 are also required to undergo counseling if convicted of animal cruelty. Texas criminal laws only apply to non-livestock animals defined as "domesticated living creature(s) or any wild living creature previously captured" and livestock animals under a person's care and control. Criminal laws also outline the actions that constitute cruelty, such as failing to provide food, care, or shelter, abandoning an animal, transporting or confining an animal in a cruel manner, killing, seriously injuring, or poisoning an animal, etc.

Livestock and domesticated animals

Texas law protects animals from abuse and neglect. There are two types of laws that protect animals from cruelty: civil laws and criminal laws. Texas criminal cruelty laws apply to any “domesticated living creature or any wild living creature previously captured”. This means that criminal cruelty laws protect livestock and animals in custody, such as everyday household pets.

Texas criminal cruelty laws prohibit the intentional or knowing cruel treatment of animals. Cruel treatment can be displayed in many ways, including intentional actions and failure to act. Intentional cruel actions include torturing an animal, transporting or confining an animal in a cruel manner, killing, seriously injuring, or poisoning an animal, causing an animal to fight with another, using a live animal as a lure in a dog race, tripping a horse, injuring an animal belonging to another, and seriously overworking an animal. Cruel treatment also includes situations where a person has failed to act or provide care for an animal, such as failing to provide necessary food, care, or shelter, or unreasonably abandoning an animal.

Texas civil laws have a broader scope than criminal laws and apply to “every living dumb creature”. This means that civil laws could apply to both domestic and wild animals. However, civil statutes adopt a narrower definition of what constitutes cruelty. Cruel treatment in the civil context includes torturing an animal, seriously overworking an animal, unreasonably depriving an animal of necessary food, care, or shelter, cruelly confining an animal, and causing an animal to fight with another animal.

If a person is prosecuted and found guilty of animal cruelty, Texas laws impose different punishments based on the type of cruel action involved and whether the defendant is a minor. If a minor has committed an offense under the criminal cruelty statutes, the court may require that the child undergo psychological counseling. For certain cruelty convictions, such as depriving an animal of food or water, abandoning an animal, transporting an animal in a cruel manner, injuring someone else’s animal, and overworking an animal, the defendant will be punished with a Class A misdemeanor, which may include a fine of up to $4,000, jail time of up to a year, or both. If the conviction is a third offense involving these actions, the state may punish the defendant with a state jail felony. Under Texas law, a state jail felony may include jail time ranging from 180 days to 2 years and a fine of up to $10,000.

Some cruel actions warrant harsher punishments even on the first conviction. For cruelty offenses involving the torture, killing, serious injury, poisoning, fighting, or tripping of an animal, a state jail felony may be imposed on the first conviction. If a defendant is convicted three times under these harsher penalties, they may be subject to a third-degree felony sentence, which translates to imprisonment ranging from 2 to 10 years and a possible fine of up to $10,000.

In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and order them to pay restitution. Texas civil laws also allow private parties or a justice of the peace to bring suit against the violator. A private party may sue the violator to recover damages for the loss of their animal, or a justice of the peace may use the civil laws to order the seizure of a cruelly treated animal.

Wild animals

Texas animal cruelty laws apply to "any domesticated living creature or any wild living creature previously captured". This means that wild animals that are in custody, such as pets, are protected by the law, but wild animals that are not in custody, such as deer, rabbits, squirrels, and birds, are not.

However, Texas law does include some protections for wild animals. For example, Chapter 822, Subchapter D, of the Texas Health and Safety Code defines the term "dangerous dog" and outlines the steps that animal control officers may take to determine if a dog is considered dangerous. This includes standards for the regulation of dogs that are a danger to other animals, such as coyotes.

In addition, Texas has laws that govern the keeping of dangerous wild animals. These laws require that owners of certain dangerous wild animals, such as lions, tigers, leopards, bears, and chimpanzees, register their animals with the county or local animal agency. The laws also set forth minimum requirements for keeping such animals, including enclosure size and treatment standards.

It is important to note that Texas animal cruelty laws do not apply to all wild animals, and there are some exceptions. For example, the laws do not apply to research facilities, zoos, circuses, television or motion picture companies, college mascots, or primates used in biomedical research.

Cruelty definitions

Texas law protects animals from abuse and neglect. There are two types of laws in place to protect animals from cruelty: civil laws and criminal laws.

Texas criminal laws define cruelty as the intentional or knowing mistreatment of animals. This includes:

• Torturing an animal
• Transporting or confining an animal in a cruel manner
• Killing, seriously injuring, or poisoning an animal
• Causing an animal to fight with another
• Using a live animal as a lure in a dog race
• Tripping a horse
• Injuring an animal belonging to another person
• Seriously overworking an animal
• Failing to provide food, care, or shelter
• Unreasonably abandoning an animal

Texas civil laws have a broader scope and apply to "every living dumb creature." Cruelty under civil laws includes:

• Torturing an animal
• Seriously overworking an animal
• Unreasonably depriving an animal of necessary food, care, or shelter
• Cruelly confining an animal
• Causing an animal to fight with another animal

Animals Covered by Texas Animal Cruelty Laws

Texas criminal cruelty laws apply to:

• Domesticated living creatures, including household pets
• Wild living creatures previously captured, such as livestock

Texas civil laws have a broader scope and can apply to both domestic and wild animals.

It is important to note that Texas animal cruelty laws do not apply to certain types of animals, including circus animals, wild animals, and animals used in experiments.

Punishments and penalties

Texas law protects animals from abuse and neglect. There are two types of laws in place to protect animals from cruelty: civil laws and criminal laws. The laws are similar but differ in the penalties they impose.

Civil Laws

In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and order them to pay restitution. The scope of civil laws is broader than criminal laws and applies to both domestic and wild animals. However, civil statutes adopt a much narrower definition of what constitutes cruelty.

Criminal Laws

If prosecuted in a criminal case, a person may face penalties including fines, jail time, community service, and/or probation. Criminal laws only apply to non-livestock animals, defined as "domesticated living creatures or any wild living creature previously captured" and livestock animals under a person's care and control. Those under the age of 18 are also required to undergo counseling if convicted of animal cruelty.

Penalties for Cruelty to Livestock Animals

Section 42.09 "Cruelty to Livestock Animals" of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly treating an animal cruelly. The following actions define cruel punishment:

• Failing to provide food, care, or shelter
• Abandoning an animal
• Transporting or confining an animal in a cruel manner
• Killing, seriously injuring, or poisoning an animal
• Causing an animal to fight with another
• Using a live animal as a lure in a dog race
• Injuring an animal belonging to another person
• Seriously overworking an animal

Penalties for Cruelty to Non-Livestock Animals

Section 42.092 "Cruelty to Non-Livestock Animals" of the Texas Penal Code sets out the criminal offense for cruelty to non-livestock animals. This includes domesticated living creatures, such as stray or feral cats and dogs, and wild living creatures previously captured. The following actions are considered cruel treatment:

• Torturing an animal
• Transporting or confining an animal in a cruel manner
• Killing, seriously injuring, or poisoning an animal
• Causing an animal to fight with another
• Using a live animal as a lure in a dog race
• Injuring an animal belonging to another
• Seriously overworking an animal
• Failing to provide necessary food, care, or shelter
• Unreasonably abandoning an animal

Animal cruelty charges can be brought against an individual as a felony or a misdemeanour, depending on the specific facts of the case and the person's criminal history. Animal cruelty is a state jail felony when a person tortures an animal, kills or seriously injures an animal, or causes an animal to fight another animal. Most other animal cruelty cases are Class A misdemeanours, punishable by a fine of up to $4,000 and/or up to a year in jail. If the conviction is a third offence, the state may punish the defendant with a state jail felony, which carries a sentence of 180 days to 2 years and a fine of up to $10,000.

Some cruel actions warrant harsher punishments even on the first conviction. For cruelty offences involving the torture, killing, serious injury, poisoning, fighting, or tripping of an animal, a state jail felony may be imposed on the first conviction. If a defendant is convicted three times under these harsher penalties, they may be subject to a third-degree felony sentence, which translates to imprisonment ranging from 2 to 10 years and a possible fine of up to $10,000.

Loco's Law

House Bill 653 and Senate Bill 1724, commonly known as "Loco's Law," went into effect on September 1, 2001, making animal cruelty a felony punishable by a $10,000 fine and up to two years in jail. The law was named for a puppy called Loco, whose eyes were intentionally gouged out.

Frequently asked questions