Let’s talk about one of the several Animal Control-related aspects of Texas Law. Chapter 821 covers cruelly treated animals, euthanasia, and unlawful restraint of dogs. For many people, two of those topics were of high interest as we were preparing for winter weather over the last couple of weeks. We talked a little about passive cruelty last week, and I suggested you contact one of our county’s state-certified Animal Control Officers if you had any doubt about passive cruelty. All of our county Animal Control Officers want to help people take the best care of their pets possible and are happy to respond to a request to learn how to provide better care for our animals, even if limited resources are available.
Section 821.021 says “cruelly treated” includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, caused to fight with another animal, or subjected to conduct prohibited by Section 21.09, Penal Code.
If a peace officer or an officer with responsibility for animal control believes an animal has been or is being cruelly treated, they may apply for a warrant to seize the animal. On showing probable cause, the court shall issue a warrant and set a time within 10 calendar days for a hearing to determine whether the animal has been cruelly treated. The rest of this section outlines the procedures if you ever need them.
Unlawful restraint deals with when and for how long a dog is outside and unattended by a restraint that unreasonably limits the dog’s movement. These are individual requirements. Overnight (between the hours of 10 pm and 6 am), within 500 feet of the premises of a school, or in the case of extreme weather conditions including conditions in which (A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit; (B) a heat advisory has been issued by a local or state authority or jurisdiction; or (C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
To read this chapter for yourself, please go to: https://statutes.capitol.texas.gov/Docs/HS/htm/HS.821.htm