Texas Statutes

Statute by categorysort descending Citation Summary
TX - Alligators - Chapter 65. Alligators V. T. C. A., Parks & Wildlife Code § 65.001 - 104 Under these Texas statutes, no person may take, sell, purchase, or possess an alligator, an alligator egg, or any part of an alligator without a permit. An offense is a misdemeanor.
TX - Animal Regulation - § 215.026. Animals at Large V.T.C.A., Local Government Code § 215.026 This statute gives municipalities in the state of Texas to establish and regulate pounds and the running at large of horses, mules, cattle, sheep, swine or goats. The statute also allows municipalities to handle the capture, impounding, and sale of any animal at large that is in violation of this statute. Municipalities may also impose penalties on the owner of the animal that is in violation of the statute.
TX - Assault, sexual of animal - § 21.09. Bestiality V. T. C. A., Penal Code § 21.09 This law represents Texas' prohibition on bestiality, which was enacted in 2017. A person commits this offense if he or she engages in listed contact with an animal. Additionally, a person violates this law if he or she: possesses or provides an animal for such purpose; organizes, promotes or participates in such conduct; permits such conduct at premises under his or her control; engages in conduct listed described in the presence of a child younger than 18 years of age; or advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described. Violation is a state jail felony unless the conduct is done in the presence of a child younger than 18 or the conduct results in serious bodily injury or death of the animal; the offense is a felony of the second degree in those cases.
TX - Assistance animals - Assistance Animal/Guide Dog Laws V. T. C. A., Government Code § 661.910; V. T. C. A., Human Resources Code § 121.002 - 009; V. T. C. A., Penal Code § 42.091; V.T.C.A., Penal Code § 38.151; V. T. C. A., Transportation Code § 552.008 - 010; V. T. C. A., Health & Safety Code§ 437.023; The following statutes comprise the state's relevant assistance animal and guide dog laws.
TX - Breeder - Chapter 802. Dog or Cat Breeders. V. T. C. A., Occupations Code § 802.001 - 251 Under the Texas Dog or Cat Breeders Act, a person may not act as a dog or cat breeder without a license. Facilities must be inspected at least once every 18-months, and inspectors must notify the law enforcement if they discover evidence of animal cruelty or neglect. This Act also establishes a dog or cat breeder training and enforcement account that can be used for promoting consumer awareness of this chapter, and supporting education, training, and enforcement efforts.
TX - Circus - Chapter 2152. Regulation of Circuses, Carnivals, and Zoos. V. T. C. A., Occupations Code § 2152.001 - 202 (Repealed 2015) Note chapter repealed: Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(14), eff. April 2, 2015. This set of Texas laws concerns the regulation of carnivals, circuses, and zoos. However, circuses are specifically exempted from regulation if they are licensed by the USDA and if the circus provides proof of (mandatory) inspection at least once a year. "Circus" is defined as a commercial variety show featuring animal acts for public entertainment. In Texas, the Texas Board of Health must adopt standards for the operation of circuses, carnivals, and zoos that promote humane conditions for animals and protect the public health and safety. A person may not operate a circus, carnival, or zoo unless the person holds a license issued under this chapter for the circus, carnival, or zoo. A person who knowingly operates a circus without a license under this chapter commits a Class C misdemeanor.
TX - Counseling - § 54.0407. Cruelty to Animals: Counseling Required. V. T. C. A., Family Code § 54.0407 For juveniles convicted under the Texas criminal animal cruelty statute (found at Tex. Penal Code § 42.09), psychological counseling is required.
TX - Cruelty - Chapter 821. Treatment and Disposition of Animals. V. T. C. A., Health & Safety Code § 821.001 - 026; § 821.051 - 057; § 821.076 - 081; § 821.101 - 104 This Texas section addresses the treatment of animals and disposition of cruelly treated animals.
TX - Cruelty - Chapter 829. Animal Control Officer Training V. T. C. A., Health & Safety Code § 829.001 - 009 This chapter concerns the appointment of animal control officers in Texas. The chapter requires that an animal control officer complete training, which includes at least a 12-hour basic animal control course and subsequent continuing education.
TX - Cruelty - Consolidated Cruelty Statutes V.T.C.A., Penal Code § 42.09; § 42.091; § 42.092; § 42.10; § 42.105; § 42.107 These comprise Texas' anti-cruelty laws. Texas has laws that prohibit cruelty to both livestock (sec. 42.09) and non-livestock animals (sec. 42.092). Both laws requires a scienter of intentionally or knowingly, and enumerate limited defenses. "Animal" means a domesticated living creature and wild living creature previously captured but does not include an uncaptured wild creature. Also included is Texas animal fighting provision, which criminalizes being a spectator at an animal fighting exhibition among other things. In 2011, Texas enacted a law prohibiting cockfighting.
TX - Dangerous - Subchapter B: Dogs That Are A Danger to Animals V. T. C. A., Health & Safety Code § 822.011 - 013 Subchapter B prohibits dogs from running at large and enumerates the criminal penalty for such violation.
TX - Dangerous - Subchapter D: Dangerous Dogs V. T. C. A., Health & Safety Code § 822.041 - 047 Chapter 822, Subchapter D addresses dangerous dogs and their treatment, including dog attacks, registration, defenses, violations of the statute.
TX - Dangerous - Subchapter E: Dangerous Wild Animals V. T. C. A., Health & Safety Code § 822.101 - 116 Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements. One thing to note is that Texas animal cruelty laws do not apply to these wild animals.
TX - Dangerous - § 822.0422. Reporting of Incident in Certain Counties and Municipalities V. T. C. A., Health & Safety Code § 822.0422 This Texas statute outlines the procedures for reporting a dangerous dog incident in counties with a population of at least 2,800,000 in which an ordinance has been adopted pursuant to this section. It describes the reporting and seizure requirements should an owner fail to turn over an implicated dog.
TX - Disaster - § 418.043. Other Powers and Duties (pet disaster planning) V. T. C. A., Government Code § 418.043 The Texas Division of Emergency Management is directed to assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster.
TX - Dog - Consolidated Dog Laws V.T.C.A., Health & Safety Code § 821.101 - 104; 822.001 - 100; § 823.001 - 009; § 824.001 - 004; § 826.001 - 055; § 828.001 - 015; V. T. C. A., Parks & Wildlife Code § 62.0065; § 62.016 These Texas statutes comprise the state's dog laws. Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws.
TX - Dogs, rescue - Chapter 785. Search and Rescue Dogs V.T.C.A., Health & Safety Code § 785.001 - .005 This chapter of laws deals with search and rescue dogs and their handlers. All search and rescue dog handlers must be certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency. This chapter of laws allows for search and rescue dogs and their handlers equal access to all public facilities. If any person denies access to a search and rescue dog or their handler, he or she will be guilty of a misdemeanor punishable by a fine of not less than $300 or more than $1,000. If the search and rescue dog causes any damage while in the facility, the handler will be solely responsible.
TX - Domestic Violence - § 85.021-.022 Protective Orders V.T.C.A., Family Code § 85.021 -.022 In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.
TX - Endangered Species - Chapter 68. Endangered Species V. T. C. A., Parks & Wildlife Code § 68.001 - 021 Texas defines endangered species as those listed on the federal ESA List as well as those designated in the state. No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife nor may he or she possess, sell, distribute, or offer or advertise for sale those species (unless allowed as described in the subchapter). Notably, this chapter excepts from its provisions coyotes, cougars, bobcats, prairie dogs, and red foxes (with no mention as to what occurs in the event they become endangered). Violation of the provisions results in a Class C Parks and Wildlife Code misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for subsequent offenses.
TX - Equine Activity Liability - Chapter 87. Liability Arising from Equine Activities or Livestock Shows. V. T. C. A., Civil Practice & Remedies Code § 87.001 - 005 This Texas section provides that all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm. The statute also requires the visible displaying of "clearly readable" warning signs that alert participants to the limitation of liability by law.
TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals V. T. C. A., Local Government Code § 240.001 - 004 In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense.
TX - Facility dog - § 21.012. Presence of Qualified Facility Dog or Qualified Therapy Dog in Court Proceeding V. T. C. A., Government Code § 21.012 Texas enacted a facility dog/courthouse dog law in 2021. Under the law, any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog or qualified therapy dog to be present with a witness who is testifying before the court. The court may enter an order authorizing a qualified facility dog or qualified therapy dog to accompany a witness testifying at the court proceeding if: (1) the presence of the dog will assist the witness in providing testimony; and (2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog. A handler must accompany the qualified facility dog (as defined in the law).
TX - Fighting - § 42.10. Dog Fighting. V. T. C. A., Penal Code § 42.10 Texas criminal statute that prohibits dog fighting. Actions ranging from causing a dog to fight with another to attending a dog fight as a spectator are prohibited. To constitute an offense, one must demonstrate the requisite intent of intentionally or knowingly.
TX - Horse - Sale of Horsemeat (Chapter 149. Sale of Horsemeat for Human Consumption) V. T. C. A., Agriculture Code § 149.001 - 007 These statutes prohibit the sale of horsemeat, the possession of horsemeat with the intent to sell, and the knowing transfer of horsemeat to a person who intends to sell it for human consumption. Horsemeat is defined as the flesh of an animal of the genus equus. Prima facie evidence of an offense is prescribed by these statues and includes, for example, the presence of horsemeat in a restaurant or cafe. The penalty for an offense may be a fine of up to a $1,000, confinement for not less than 30 days and not more than two years, or both a fine and confinement.
TX - Hunting - Subchapter B. Seasons and Limits. § 64.011. Eagle. V. T. C. A., Parks & Wildlife Code § 64.011 This section of the Texas code prohibits the killing of a golden or Mexican brown eagle except by permit (refers to the permit to kill wildlife that is threatening agricultural interests or public safety).
TX - Hunting - Subchapter F. Unlawful Controlled Killing of or Attempting to Injure Dangerous Wild Animals. V. T. C. A., Parks & Wildlife Code § 62.101 - 107 This Texas statute provides that no person may kill or attempt to injure a dangerous wild animal that is in captivity in this state or released from captivity in this state for the purpose of being killed.
TX - Hunting - § 62.002. Computer-Assisted Remote Hunting V. T. C. A., Parks & Wildlife Code § 62.002 Under this Texas statute, a person may not engage in computer-assisted remote hunting or provide or operate such facilities if the animal being hunted is located in Texas. A violation is a Class B misdemeanor.
TX - Hunting - § 62.0125. Harassment of Hunters, Trappers, and Fishermen V. T. C. A., Parks & Wildlife Code § 62.0125 This law represents Texas' hunter harassment law, also known as the Sportsman's Rights Act. Under the section, a person may not intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife, or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting lawful hunting. Violation is a Class B misdemeanor. It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.
TX - Hunting, canned - § 62.015. Hunting and Possession of Exotic Animals V.T.C.A., Parks & Wildlife Code § 62.015 This Texas law provides that no person on a public road or on the right-of-way of a public road may hunt an exotic animal. In addition, no person may hunt on the land of another for an exotic animal without the express consent of the owner of the land to hunt for exotic animals. A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
TX - Impound - Chapter 823. Animal Shelters V. T. C. A., Health & Safety Code § 823.001 - 009 Chapter 823 enumerates the standards by which animal shelters shall comply. It sets forth confinement requirements, permissible forms of euthanasia, and personnel requirements.
TX - Impound - § 826.033. Restraint, Impoundment, and Disposition of Dogs and Cats. V. T. C. A., Health & Safety Code § 826.033 This Texas statute provides that a municipality or county may adopt ordinances or rules to require that each dog or cat be restrained by its owner and that any stray dog or cat be declared a public nuisance. Further, it can declare that each unrestrained dog or cat be detained or impounded by the local rabies control authority. Each stray dog or cat be impounded for a period set by ordinance or rule and a humane disposition be made of each unclaimed stray dog or cat upon its expiration.
TX - Initiatives - Proposition 6, Right to hunt, fish and harvest wildlife Proposition 6 (2015)

This proposed constitutional amendment recognizes the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation. It was a legislative referendum originally proposed as Senate Joint Resolution 22 (attached below). The measure passed in November 2015 with 82% of the vote.
TX - Licenses - § 826.031. Registration of Dogs and Cats by Local Governments. V. T. C. A., Health & Safety Code § 826.031 This Texas statute provides that the governing body of a municipality and the commissioners court of a county may adopt ordinances or rules requiring the registration of each dog and cat within the jurisdiction of the municipality or county. Fees may be collected pursuant to such ordinances to defray costs.
TX - Licenses - § 826.032. Registration; Criminal Penalty V. T. C. A., Health & Safety Code § 826.032 This Texas statute provides that a person commits an offense (Class C misdemeanor) if he or she fails to or refuses to register or present for registration a dog or cat owned by the person as required by state law or local ordinance.
TX - Lien, veterinary - § 70.010. Liens for Veterinary Care Charges for Large Animals V. T. C. A., Property Code § 70.010 This Texas law relates to veterinary liens for large animals, defined as livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca, farm elk, or hog. The term does not include a common household pet such as a cat or dog. A licensed veterinarian has a lien on a large animal and the proceeds from the disposition of the large animal to secure the cost of veterinary care the veterinarian provided to the large animal. The lien attaches on the 20th day after the veterinarian first provided care to the large animal and attaches regardless of whether the veterinarian retains possession of the animal.
TX - Ordinances - § 1.08. Preemption V. T. C. A., Penal Code § 1.08 This law provides for preemption of state criminal laws over the laws enacted by governmental subdivisions or agencies.
TX - Ordinances - § 215.032. Exhibitions; Shows; Amusements V.T.C.A., Local Government Code § 215.032 This statute authorizes municipalities to prohibit or regulate circuses, exhibitions, and menageries.
TX - Ordinances - § 826.034. Restraint; Criminal Penalty. V. T. C. A., Health & Safety Code § 826.034 This Texas statute provides that a person commits an offense (Class C misdemeanor) if the person fails or refuses to restrain a dog or cat owned by the person and the animal is required to be restrained under the ordinances or rules adopted under this chapter.
TX - Police - Nonlethal responses to dog encounters V.T.C.A., Occupations Code §§ 1701.253; 1701.261; 1701.402 These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs. As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261.That section states that the commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses the handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters.
TX - Rabies - § 826.022. Vaccination; Criminal Penalty. V. T. C. A., Health & Safety Code § 826.022 This Texas statute provides that a person commits an offense (Class C misdemeanor) if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under applicable state law or local ordinance.
TX - Rabies - § 826.045. Area Rabies Quarantine. V. T. C. A., Health & Safety Code § 826.045 This Texas statute outlines the parameters under which a rabies quarantine area may be adopted. If this occurs, it may call for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. While the quarantine is in effect, the rules adopted by the board supersede all other applicable ordinances or rules applying to the quarantine area.
TX - Registration - Subchapter C: Regulation of Dogs V. T. C. A., Health & Safety Code § 822.021 - 035 Chapter 822, Sections .031 through .035 address the regulation of dogs. Specifically, these provisions cover the registration requirements, prohibit unregistered dogs from running at large, and enumerate the treatment of dogs that attack other domestic animals.
TX - Restaurant - § 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption V.T.C.A., Health & Safety Code § 437.025 This Texas law from 2019 allows food establishments to permit customers to have dogs in outdoor dining areas under certain conditions. Among other things, the restaurant must post a conspicuous sign informing patrons that dogs are permitted, create access so dogs do not enter the interior of the restaurant, require customers to keep dogs on leashes and off tables and chairs, and make sure there is no food preparation in the dog-friendly dining area. A municipality may not adopt or enforce an ordinance, rule, or similar measure that imposes a requirement on a food service establishment for a dog in an outdoor dining area that is more stringent than the requirements listed in the statute.
TX - Trade - Shark Fins V.T.C.A., Parks & Wildlife Code §§ 66.216; 66.2161; 66.218 Effective July 1, 2106: a person may not buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport, or ship for the purpose of sale, barter, or exchange a shark fin regardless of where the shark was taken or caught. A person who violates Section 66.2161 or a proclamation adopted under that section commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
TX - Trusts - Chapter 112. Creation, Validity, Modification, and Termination of Trusts. V. T. C. A., Property Code § 112.037 This Texas statute comprises the state's pet trust law. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust is created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal. The law also provides a distribution schedule for the trust's remaining assets.
TX - Veterinary - Chapter 801. Veterinarians. V. T. C. A., Occupations Code § 801.001 - 557 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
TX - Wildlife - Subchapter H. Permits to Control Wildlife Protected by This Code. V. T. C. A., Parks & Wildlife Code § 43.151 - 158 This statute allows an individual to apply to a local municipality to receive a permit to destroy wildlife that is posing a serious risk to agricultural interests or public safety. This provision relates to a section that disallows the killing of eagles save for this exception.
TX - Wildlife, wolves - Subchapter B. Nongame Animals V. T. C. A., Parks & Wildlife Code § 63.101 - 104 Under these Texas statutes, no person may hunt, sell, buy or possess a live or dead bat, with exceptions. A violation is a Class C misdemeanor. It is a felony to possess, transport, receive, or release a live wolf in Texas (with exceptions). It is a class B misdemeanor to sell a living armadillo in Texas (with exceptions).