Animal Cruelty Investigations (Basic)__________
Animal Cruelty Investigations – 8 Zoonosis Control – 1/14
Seizure of Animals
There are both criminal and civil laws addressing animal cruelty in Texas:
● Texas Penal Code, Sections 42.09 and 42.092, Cruelty to Livestock Animals and
Cruelty to Nonlivestock Animals; 42.10, Dog Fighting; and 42.105, Cockfighting
● Texas Health and Safety Code, Chapter 821, Subchapter B, Disposition of Cruelly
Treated Animals
The text for the laws mentioned above can be found in the “Texas Laws” section of
this manual. It is imperative that animal control and police officers thoroughly familiarize
themselves with these laws before ever attempting to prosecute a case of animal
cruelty.
It is important to note that animals seized as evidence under the Penal Code may
have to be held for a very long period of time while the arrested violator’s criminal trial
makes its way through the justice system.
Often it is preferable to seize abused animals under the Texas Health and Safety
Code, as they carry less of a burden of proof and allow the disposition of the animals
within a ten-day period, pending any appeals. An ACO can enforce Chapter 821 (civil
law); an arrest is not necessary to have a civil hearing or seize the animal and
determine its disposition. There would still be an option for law enforcement to have the
violator arrested and taken to criminal trial under the Penal Code.
A resource primer for this procedure may be found on the website of the Texas
Humane Legislative Network, www.thln.org.
There are several considerations when making a decision whether or not to seize
animals that are allegedly being cruelly treated.