Texas

Texas Attorney General Opinion regarding the issue of whether staged fights between penned hogs and dogs constitutes a criminal offense. The Assistant Attorney General deemed these staged fights as violating the criminal cruelty laws.

The State allows for two methods of protecting animals from cruelty: through criminal prosecution under the Penal Code or through civil remedy under the Health & Safety Code.

Right of appeal is only available for orders that the animal be sold at public auction. The statutory language does not extend this right to seizure orders.

Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians.

Criminal conviction of defendant who tortured cats by poisoning them and burning them in microwave oven. Conviction was sustained by circumstantial evidence of cruelty and torture.

Cruelty conviction of defendant who shot and killed two domesticated dogs. Defendant knew dogs were domesticated because they lived nearby, had demeanor of pets, both wore collars, and had been previously seen by defendant.

Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").

Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.

In an animal cruelty conviction, the law requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.

Appellant, who was convicted of capital murder and sentenced to death, raised 35 points of error in a direct appeal in which he challenged the trial court's voir dire rulings and its evidentiary rulings. The court held that the admission into evidence of photographs was within the discretion of the lower court, which properly determined that the photographs served a proper purpose in enlightening the jury.