By Erin Boswell
What are the dog laws in Texas? Does Texas have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination, dog bites, dog abandonment, or dog cruelty. Read on for more information about dog laws in Texas.
Texas requires cats and dogs to be vaccinated against rabies by 16 weeks of age. They may only receive vaccination from or under the supervision of a licensed veterinarian using a vaccine licensed by the USDA. Pets must be vaccinated on a one or three year basis thereafter depending on the type of vaccine administered. When traveling with a pet, the owner must possess the rabies vaccination certificate with the signature of the veterinarian who administered the vaccine.
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All dogs or cats over three months old being transported into Texas must be vaccinated against rabies. For an animal to be considered vaccinated, at least 30 days must have passed since the initial vaccination. Not more than 12 or 36 months (depending on the vaccine used) can have elapsed since the first vaccination.
The best way to keep your pet safe from rabies is by remaining up to date on vaccinations. Do not allow your pets to roam and avoid contact with any unknown stray animals. Do not touch wild animals that are sick or injured.
Texas, unlike many other states, does not have a civil mandate that defines a dog owner’s liability for injuries caused by their pet. Texas adheres to a “one bite rule” for purposes of personal injury cases stemming from dog bites. According to this rule, a dog’s “first bite” is not considered grounds for a claim. Charges may not be pursued for a first time offense. After the initial incident, the dog owner is put on notice of his or her dog’s behavioral tendencies. The owner may be held liable for any bites following the initial incident.
In order to bring charges or receive compensation for an injury, the claimant must prove that the dog’s owner knew of the dog’s aggressive tendencies, had injured someone in the past, or failed to use reasonable care to control the dog in order to prevent the bite. There is criminal liability for dog bite claims in Texas. The dog owner many face felony charges if they were previously aware of their dog’s behavioral tendencies and the injury from a bite incident causes serious harm or proves to be fatal.
In Texas, animal and livestock abandonment is prohibited by law. It is illegal to abandon an animal without making reasonable arrangements for assumption of custody by another person. Furthermore, Texas law details punishment for abandonment as a Class A Misdemeanor with one-year in jail and/or a $4000 fine. Subsequent offenses are punishable as a State Jail Felony with two-years in jail and a $10,000 fine. It is important to realize the dangers an animal will face from abandonment, including extreme weather and harm from predators like coyotes. Many shelters and rescue organizations are willing to take in animals if you are unable to keep them.
Depending on the severity of the offense, first time offenders may be charged with a misdemeanor or felony. An individual charged with neglect, abandonment, or overworking a livestock animal may face misdemeanor charges for a first time offense. Animal cruelty to livestock or non-livestock animals including torture, poison, or fighting will result in a felony from the first offense.
Repeat offenders face harsher sentencing. Additionally, convicted animal abusers may lose the ability to legally possess animals for up to ten years. Aggravated animal cruelty carries heavier charges. These charges result in cases where an act of cruelty results in severe suffering, disfigurement, or death of the animal. Aggravated animal cruelty often results in felony charges.
As in the other 49 states, participating in dogfighting is a felony in Texas. The state not only prohibits participating or causing a dog fight, but attending as a spectator. Charges for causing or participating in the operation of a dog-fight will result in a state jail felony. Attending a dog-fighting event as a spectator will result in a Class A misdemeanor charge.
Texas classifies unacceptable restraint by clearly indicated guidelines, including time of day, type of restraining collar, weather, and environmental conditions. Anyone who unlawfully restrains a dog could face criminal penalties in Texas following the state’s Safe Outdoor Dogs Act which passed in late 2021.
According to the law, an owner may not leave a dog outside and unattended with a restraint that excessively limits the dog’s natural movement. The dog must have access to protection from hazardous elements and weather. They must be provided a shelter that is large-enough to allow for repositioning. Additionally, the dog must be able to fully lie down. Collars must fit correctly and cannot be pinch-type, prong-type, or choke-type. The restraint must be of an adequate measurement that is greater than five times the length of the dog from nose-to-tail. The restraint may not have weights attached that further limit movement. An owner may not tether a dog outside unless the dog has access to suitable shelter, shade, potable water, and the ability to avoid their waste or standing water.
Offenders for unlawful tethering may be charged with a Class C misdemeanor for a first offense. Subsequent offenses may be charged with a Class B misdemeanor.
Texas ranks as a “top-tier” state for animal protection laws by the Animal Legal Defense Fund. Out of the 50 states, Texas comes in at number 11 for animal rights. Laws on various topics are clearly defined, including classification and punishment. For example, legislation categorizes and outlines charges for animal sexual assault and sentence enhancements for animal cruelty reoffenders. While Texas ranks as a top-tier state, there is certainly still room for improvement. Texas does not require social services professionals to report suspected animal cruelty. Unlike a number of other states, Texas does not have specific laws in place to protect dogs in hot cars. Advocates for animal rights continue to work for improved legislation in Texas.
Erin Boswell is a writer, filmmaker, and creative who is also an avid animal enthusiast. Her love for furry friends prompted Erin to begin writing for DogTime.com and CatTime.com. When not spending time with ink and pen – mostly proverbial, of course – Erin enjoys hanging out with her three rescue cats (Zappa, Ziggy, & Toulouse) and her giant Great Pyrenees named Martha.
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