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Texas Animal / Dog Law Questions & Answers
0 Answers | Asked in Animal / Dog Law for Texas on
Q: Is there a way to get out of an animal control violation due to animal age and confinement?

A friend recently took her 20yo HOUSE ONLY cat to the vet with respiratory distress. Her cat had a seizure & before the vet could return (despite her calling for their help), bit her during the process (it is a small singular puncture wound), and then passed from cardiac arrest. The vet... Read more »

0 Answers | Asked in Animal / Dog Law for Texas on
Q: Can my job insist that I work alone in conditions that are dangerous, i.e. an animal shelter.

I work at an animal shelter with capacity for dogs of all sizes, and cats. The job involves feeding, cleaning up after, and exercising all the animals daily. It is common practice to have only one employee at the facility on Sundays as it is closed to the public, but occasionally only one person is... Read more »

0 Answers | Asked in Animal / Dog Law for Texas on
Q: My cat was killed by 2 pitbulls that broke into my backyard, can I sue the owner?

I have videos of the dogs near my property and in my backyard, animal control confirmed is them but they only got a citation. My family is in great pain as our cat was with us for 9 years. We don't feel safe going outside now, I just don't know what to do.

0 Answers | Asked in Animal / Dog Law for Texas on
Q: My spouse stole my daughters emotional support animal & moved to another state. how can I get my dog back?

I have a protective order stating she was not supposed to take the dog as well as my daughters ESA documentation plus proof I purchased the dog.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally be changed a pet fee for using my service animals for my disabilities?

I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 15, 2022

No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service... Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: a previous property management stated "unauthorized service animal" on a rental history, is this illegal?

My daughter moved and on the rental history from the previous property management they stated 'unauthorized service animal' her dog is a certified Emotional Support Animal.

John Cucci Jr.
John Cucci Jr. answered on Mar 21, 2022

It is hard to understand what your issue is. If your daughter has moved out, then she no longer has a legal relationship with the landlord. If she was evicted because of false representations by the landlord, that is a different issue.

Yes, it is unlawful to evict, reject, or charge for a...
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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I was arested my dog was in my truck the city police had him impounded i gave y friends phone #

And found out my dog has been lost can i sue the?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can sue the faculty that loss your dog but not the police, Dogs are considered personal property .

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: I was asked to go down for questioning on a crime that they said I did they want me to go give a statement but idk why

I took my dog from my mothers house and her fiancé called the law and said I broke into the house when I didn’t go inside I simply opened the door after seeing my dog and left with her then got callas demanding her back after I called my mom and told her I took my dog . Now they want to press... Read more »

Richard W. Noel
Richard W. Noel answered on Feb 9, 2022

You need to hire an attorney and bring them with you when you are questioned. Don't speak to anyone without an attorney and don't speak to your mother or her fiance about it.

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Texas on
Q: What can a defendant do about a court appointed lawyer who never contacts me or responds to emails ?

You email judge but he refuses to reassign another one. Calling the BAR doesnt help my case, n wld only piss them off. Im not looking to file a complaint, i just want a lawyer who's not disgruntled. I understand that im just another case to them, but for someone whos never been caught up in... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 1, 2021

Well you actually seem to be complaining about someone who probably isn't even your lawyer anymore. I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My ex bought a dog 3 years ago and didn’t pay him off, so now his in collection. What can I do to legally make him mine.

I just found out that his in collection because he never paid the dog off. I’ve been taking care of “our” dog for the past year. I will pay what he owes but I want to put the dog under my name. I don’t want to give up the dog. What can I do to get custody?

Teri A. Walter
Teri A. Walter answered on Aug 11, 2021

It sounds like you already have "custody." What you want is ownership. Write up a simple agreement that he is selling you the dog in exchange for you paying off what he owes to the seller.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: I have been caring and boarding two big dogs for over a year, the owner has only visited once. He is now refusing

To pay for the boarding fees, food costs. Do i have to surrender the poor dogs that he cant afford to feed? Can i claim ownership now that they are abandoned? There's been no communication for 3 months. What is the holding period in Texas?

Am i allowed to refuse to return his dogs... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 9, 2021

They aren't legally just "abandoned," but under Texas Property Code Section 70.003, you have a lien on the dogs for the amount of the charges for their care, and can hold them until the charges are paid. To be able to sell them, you must comply with Section 70.005, and give notice... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to

If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to last $350 payment doesn't pay on date agreed upon can I get the dog back

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

It depends on the terms of the agreement, but without a written agreement that gives you a security interest in the dog to secure payment, you can't. Your only remedy would be to sue in the Justice of the Peace court for the unpaid balance.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Ownership of Dog?

I foster (now used to foster) for a 501c3 dog rescue group. A dog was posted that needed a foster and I went and picked up from the ex-owner that was surrendering her. HOWEVER, the surrender form was never signed. The rescue wanted to give it to another foster that I did not believe it was the best... Read more »

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

On the facts stated, probably the original owner is still the owner. Paying for veterinary care doesn't change the ownership.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My husband gave my dog away, while we were on our honeymoon.

Na

Teri A. Walter
Teri A. Walter answered on Jul 1, 2021

While giving the dog away was wrong, apparently this person has had the dog since 2009 - 12 years, or most of the dog's life. Get a divorce or don't but I think the time for arguing about who has the dog has long passed.

2 Answers | Asked in Products Liability and Animal / Dog Law for Texas on
Q: I purchased a deformed puppy and the breeder refuses any type of refund. Do I sue?

I paid full price for a puppy. I bought it as a pet with the intention of breeding. When I took her for the first vet appointment I learned of a disability and my vet said she shouldn’t breed. I asked the breeder for a refund and she refused. She said I could return the puppy and be on a waiting... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2021

The question is was it the type of deformation that a breeder should have been able to spot--not all such deformations are able to be detected without specialized knowledge. As the person claiming, it's on you to show through expert testimony that the breeder had to have known about that.... Read more »

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1 Answer | Asked in Animal / Dog Law for Texas on
Q: What can I do if my neighbor threatens to call the pound because my dog escaped through the fence and goes to his yard?

My dog is a pit and I am currently visiting my mother. She has a fenced house with a gate and he has found spots through the gate to escape through. We have been reinforcing the fence in these spots but he seems to find a way. He is not aggressive and has never biten anything or anyone.

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Threatening to call the pound is not a crime by itself.

Facts might change this: like he is making threats multiple times a day. Depending on how and how often this occurs you might have a harassment claim.

I would encourage you to ensure your fence is in order and the animal...
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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My ex says she is going to take me to court for the gifts she gave me. She thinks I should have to pay for them.

8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My roommate shaved my dog without my consent, is there any legal action that can be taken?
Teri A. Walter
Teri A. Walter answered on Apr 13, 2021

This sounds like such an unusual and strange thing to do that I feel certain there is more to this story. However, on the facts stated, you have no damages. The fur will grow back. Although it would be an assault on a person, animals are property.

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