Texas Penal Code 42.09 – Cruelty to Livestock Animals
(a) A person commits an offense if the person intentionally or knowingly:
(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person’s custody;
(3) abandons unreasonably a livestock animal in the person’s custody;
(4) transports or confines a livestock animal in a cruel and unusual manner;
(5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner‘s effective consent;
(6) causes one livestock animal to fight with another livestock animal or with an animal as defined by § 42.092;
(7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.
(b) In this section:
(1) “Abandon” includes abandoning a livestock animal in the person’s custody without making reasonable arrangements for assumption of custody by another person.
(2) “Cruel manner” includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(3) “Custody” includes responsibility for the health, safety, and welfare of a livestock animal subject to the person’s care and control, regardless of ownership of the livestock animal.
(4) “Depredation” has the meaning assigned by § 71.001, Parks and Wildlife Code.
(5) “Livestock animal” means:
(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption;
(B) a horse, pony, mule, donkey, or hinny;
(C) native or nonnative hoofstock raised under agriculture practices; or
(D) native or nonnative fowl commonly raised under agricultural practices.
(6) “Necessary food, water, or care” includes food, water, or care provided to the extent required to maintain the livestock animal in a state of good health.
(7) “Torture” includes any act that causes unjustifiable pain or suffering.
(8) “Trip” means to use an object to cause a horse to fall or lose its balance.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Penal Code 42.09
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(c) An offense under Subsection (a)(2), (3), (4), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under § 42.092, or one time under this section and one time under § 42.092. An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under § 42.092, or one time under this section and one time under § 42.092.
(d) It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse.
(e) It is a defense to prosecution for an offense under this section that the actor was engaged in bona fide experimentation for scientific research.
(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:
(1) form of conduct occurring solely for the purpose of or in support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or
(2) animal husbandry or agriculture practice involving livestock animals.
(g) This section does not create a civil cause of action for damages or enforcement of this section.