(a) If a peace officer or an officer who has responsibility for animal control in a county or municipality has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate in the county or to a municipal court in the municipality in which the animal is located for a warrant to seize the animal.
(b) On a showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within 10 calendar days of the date of issuance for a hearing in the appropriate justice court or municipal court to determine whether the animal has been cruelly treated.

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Terms Used In Texas Health and Safety Code 821.022

  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The officer executing the warrant shall cause the animal to be impounded and shall give written notice to the owner of the animal of the time and place of the hearing.