Animal Cruelty in Texas
In Texas, a person can be charged with Animal Cruelty if the person tortures an animal; fails to provide necessary food, care, or shelter; abandons an animal; transports or confines an animal in a cruel manner; kills, seriously injures, or administers poison to an animal; cause an animal to fight another animal; injures an animal belonging to another; or seriously overworks an animal.
From The SPCA of Texas website:
TEXAS CIVIL & CRIMINAL LAWS
In Texas, two types of laws protect animals from cruelty: civil laws and criminal laws. The laws are similar but differ in the penalties they impose.
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.
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 subject to a person’s care and control. The scope of civil laws is broader and do not differentiate between domestic and wild animals; however, civil statutes adopt a much narrower definition of what constitutes cruelty. Therefore, people could engage in actions that are not prosecutable under Texas criminal laws, but they would be held liable for their actions under civil laws.
WHAT THE LAW SAYS
Section 42.09 “Cruelty to Livestock Animals” and 42.092 “Cruelty of Non-Livestock Animals” of the Texas Penal Code prohibits a person from intentionally, knowingly or recklessly cruelly treating an animal.
The following actions define cruel punishment:
Torturing an animal
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
Tripping a horse
Injuring an animal belonging to another person
Seriously overworking an animal
House Bill 653 and Senate Bill 1724, commonly known as “Loco’s Law,” went into effect September 1, 2001, making animal cruelty a felony and 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. Prior to Loco’s Law, animal cruelty was not considered a felony under Texas law. Today, animal cruelty convictions are classified as either a felony or misdemeanor.
Compared to other states, Texas’ animal cruelty statutes are very narrow in scope because they exclude certain types of animals—including circus animals, wild animals and animals used in experiments—from protection from animal cruelty laws.
Additionally, section 42.10 of the Texas Penal Code prohibits dog fighting, and also deems offensive such activities as attending a dog fight as a spectator, or participating in the earnings or operation of a dog fighting facility.
Cockfighting is a crime in Texas, where it is a felony, punishable by two years in a state jail and/or a $10,000 fine. Since 2002, a federal law has prohibited any interstate or foreign transport of fighting animals.
EFFECTIVE 1.18.22
Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE.
An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to: adequate shelter, an area that allows the dog to avoid standing water and exposure to excessive animal waste, shade from direct sunlight and potable water.
An owner may not restrain a dog outside and unattended by use of a restraint that: is a chain, has weights attached, is shorter than the greater of five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or 10 feet; or is attached to a collar or harness not properly fitted.
A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.
An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the person has previously been convicted under this section.
Click here to access Houston SPCA’s Online Animal Cruelty Reporting Form.
The Houston SPCA Call Center is open every day from 8 am to 5:30 pm. 713-869-SPCA (7722)
Click here to find out more about animal cruelty and how to file a report from the Houston SPCA. If you believe animal cruelty is taking place in the Houston metro area, please complete the Online Animal Cruelty Report or call 713-869-7722. Please do not report cruelty or injured animals by email or on social media. We primarily investigate cases of animal cruelty in the Houston metro area, including Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller, Grimes, and Austin.
Read what the Texas Humane Legislation Network says about reporting animal cruelty.
If you are in an area of Texas not indicated above, reach out to any of these groups as they should be able to direct you to an appropriate group.
If you live in an apartment complex and have been informed that you are not allowed to continue to feed the community cats, these suggestions from Alley Cat Allies may be helpful.
And this information from Quora might also be helpful:
In situations like this, it ultimately depends on the specific rules and regulations set forth by the rental agreement or lease that you signed with the property managers. Property managers typically have the authority to enforce rules related to the property, including rules about feeding or caring for animals on the premises.
If your lease agreement explicitly prohibits feeding or caring for feral animals on the property, the property managers may have grounds to take action against you for violating the terms of the lease. This could potentially lead to consequences such as warnings, fines, or even eviction, depending on the severity of the violation and the policies of the property management company.
It's important to review your lease agreement carefully to understand what rules are in place regarding the feeding of animals on the property. If you are unsure about the rules or if you believe that the rules are not clear, you may want to consider discussing the situation with the property managers to seek clarification and potentially come to a resolution that is acceptable to both parties.
If you are concerned about the welfare of the feral cats on the property, you may also want to explore alternative ways to help them without violating any rules or agreements. This could include contacting local animal welfare organizations or working with the property managers to find a humane solution for addressing the feral cat population in a way that is compliant with the property rules.