Animal Law

Research from Home icon

A guide to resources available online and in the library on the law surrounding pets and service animals, wild animals, wild game, and livestock.

Disclaimer:
The State Law Library cannot tell you what a law means for your situation.

Ask a Librarian

Contact an Attorney

Pets

Note Many pet laws are set at the local level, so be sure to check your city's local ordinances. If you have questions about keeping wild animals or exotic animals as pets, see the Wild Animals page of this guide.

Cruelty to Animals (Non-Livestock)

See the Livestock page of this guide for information related to horses, chickens, cows, and other animals considered to be livestock under the law.

Texas & Federal Laws

This chapter, "Treatment of Animals," discusses the treatment of animals that are impounded or seized, outlining the process when local officials seize an animal due to cruel treatment. This section also describes acceptable euthanasia methods and unlawful restraint of dogs.

This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog."

This sections sets out the criminal offense known as "Dog Fighting."

This section makes it a criminal offense for someone to possess an animal if they've been convicted of animal cruelty within the past five years.

Makes certain types of animal cruelty a crime at the federal level, punishable by fines and up to 7 years in prison. This statute was amended in 2019 by the PACT Act (Preventing Animal Cruelty and Torture Act).

Understanding the Law

This page provides a brief explanation of Texas's animal cruelty laws and their penalties. It is published by the Animal Legal & Historical Center, University of Michigan.

This article from the Texas District and County Attorneys' Association describes how law enforcement officers in Texas can deal with issues of animal hoarding.

Regulation of Pets

Dangerous Dogs

Subchapter A discusses dogs that are a danger to people. Subchapter B discusses dogs and coyotes that are a danger to other animals.

This subchapter defines the term "dangerous dog." It also sets out the steps that animal control offers may take to determine if a dog is considered a "dangerous dog," as well as the rights and requirements for an owner of a "dangerous dog."

Tethering and Unlawful Restraints on Dogs

Subchapter E, "Unlawful Restraint of Dog," places restrictions on the unattended use of a restraint on a dog while outside. Violating these laws is a misdemeanor criminal offense.

Local Regulation

This section enables food service establishments to permit customers to bring dogs into an outdoor dining area if certain requirements are met such as proper signage and proper entry/exit points for the dog. This law does not affect the rights of those with service animals.

These statutes set out a county's ability to require that dogs be registered.

Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally.

Disease Control

Texas Department of State Health Services regulations related to control of zoonosis, which are diseases transmissible between animals and humans. Includes regulations on caging requirements of dangerous wild animals and care of animals in zoos, carnivals, and circuses.

This chapter, "Rabies," explains which animals are required to be vaccinated for rabies, regulation at the local level, including reporting and quarantining requirements. It also stipulates that local governments may adopt regulations requiring the restraint of dogs and cats.

Animal Shelters

State laws regarding animal shelters and the adoption of stray animals are sparse. However, many local governments in Texas regulate animal shelters and rescue organizations and set out rules for the re-homing of lost animals. Be sure to check your local ordinances on this topic.

This chapter, "Animal Shelters," explains standards and regulation of local animal shelters. This chapter, "Dog and Cat Sterilization," describes occasions when sterilization is required.

Dog and Cat Breeders

Breeder Regulations

Persons who raise a certain number of dogs and cats for sale may be subject to laws and regulations for professional breeders. Check your city's local ordinances to find out if your area imposes additional regulations.

The Dog or Cat Breeders Act authorizes the Texas Department of Licensing and Regulation to regulate certain breeders.

These rules for dog or cat breeder programs, created by the Board of Licensing and Regulation, outline licensing requirements and other responsibilities for dog and cat breeders.

This page provides forms, FAQ, rules, and statutes of interest to breeders licensed by this agency.

“Puppy Lemon Law”

Many Texans wonder whether if they purchase a dog from a breeder and the dog becomes sick, do they have a right to a refund? This is sometimes referred to as a "Puppy Lemon Law." While some states have laws specific to this transaction, Texas does not. Below are resources that discuss laws which may be relevant to this situation.

These sections describe the law of express and implied warranties.

This subchapter, titled the Texas Deceptive Trade Practices-Consumer Protection Act, outlines actions by sellers that may be considered deceptive.

This brief Q & A from a Houston consumer rights attorney discusses the applicable laws when a person buys a puppy who later becomes sick.

This article from the Animal Legal and Historical Center considers the laws surrounding pet sales in all states and discusses the relevance of warranty statutes.

E-Books Available from the State Law Library

This e-book contains information on pet laws. E-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

Describes the legal rights, responsibilities, and restrictions for dog owners on state and local levels, including laws on registration, travel, housing, service animals, dog bites, and animal cruelty.

Books at the State Law Library

This print book at the State Law Library contains information on pet laws. If you are not able to visit the State Law Library in Austin, this book might be available at a law library near you or a public library near you.

This manual covers a range of topics relevant to animal owners and advocates, such as legal and ethical issues of rescue, liability of dog owners, adoption agreements, humane treatment and cruelty, vaccinations, litigation for loss, and local laws.

Who Can I Contact?

If you suspect that criminal animal cruelty is being committed, you can call the Crime Stoppers hotline at 1-800-252-TIPS (8477). You can also submit a tip online. All reports are anonymous.

Directory of local animal shelters and rescue societies. Contact this agency with questions or complaints regarding licensed dog and cat breeders in Texas.

This department works with local officials to investigate pests and diseases which are transmissible from animals to humans (including rabies & West Nile Virus). Includes disease reporting contacts by county.