Texas

Plaintiff seeks an injunction against state of Texas to stop the enforcement of a law prohibiting the slaughter of horses in Texas as the law is improper on a number of bases.

The following comprises Fort Worth, Texas' animal-related ordinances. A person commits an offense if the person owns, keeps, harbors, or has custody of any female dog or cat over 6 months or of any male dog or cat over 8 months of age that is unaltered unless such person has a valid intact pet permit. Another section makes it unlawful to interfere with an animal care and control officer while engaged in the performance of his or her duties. The city outlines sanitation standards for animals kept by owners and limits the number of dogs and cats one may keep to 3 of each species. In addition, the city declares that a person who keeps a dangerous animal (as defined) other than a dog as commits a public nuisance, and outlines specific registration and enclosure requirements for dangerous animals. A subsequent section describes the dangerous dog provisions. In addition to registration, licensing, rabies vaccination, and impoundment provisions, the city has some interesting ordinances related to the keeping of miniature swine, unlawful acts of docking and cropping, and the procedure for picking up of dead animals by the city.

This comprises Dallas, Texas' animal control and dangerous dog ordinances. Among the provisions is a requirement that an owner of an animal restrain the animal at all times in a fenced yard, in an enclosed pen or structure, or by a tether or leash. Other provisions of interest include an anti-trapping provision; a section that prohibits the carrying or transporting of an animal within the open bed of any moving pickup; and limitations on the number of dogs or cats that residents can maintain based on the size of the lot and proximity to other dwellings. Dallas has a mandatory spay/neuter requirement; an owner of a dog or cat commits an offense if the animal is not spayed or neutered once over six months old (subject to certain exemptions). Further, a person commits an offense if he or she breeds a dog or cat without a valid intact animal permit for the dog or cat. Other provisions include the keeping of prohibited animals, the keeping of roosters, and noise disturbances by animals.

In criminal conviction for cruelty to animals, statute requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.

Texas Attorney General Opinion clarifying a new provision in Chapter 822 of the Texas Health & Safety Code that requires all dangerous wild animals to be registered in the county in which they're located.  Otherwise, possession of these animals is unlawful.

Texas Attorney General Opinion regarding the issue of whether city ordinances are preempted by statutes that govern the treatment of animals. Specifically, the opinion discusses pigeon shoots. The opinion emphasizes that organized pigeon shoots are prohibited under Texas cruelty laws but that present wildlife laws allow the killing of feral pigeons.

Richard and Susan Zeid appeal from the trial court's order dismissing their lawsuit against Dr. William Pearce, d/b/a Coronado Animal Clinic, for veterinary malpractice after the dog suffered from allergic reactions resulting from alleged negligent vaccinations.  The court observed that, in Texas, the recovery for the death of a dog is the dog's market value, if any, or some special or pecuniary value to the owner that may be ascertained by reference to the dog's usefulness or services.  Consequently, the court found this longstanding Texas rule to be inconsistent with the Zeids' claim for pain and suffering and mental anguish.  Because the Zeids did not plead for damages for the loss of their dog that are recoverable in Texas, the trial court did not err in sustaining Dr. Pearce's special exception and dismissing their cause of action.