Disclaimer: I am not an attorney, and the content of this article is for informational purposes only. It should not be construed as legal advice. If you have specific legal questions or concerns, please consult with a licensed attorney in Texas.
Texas is famous for quite a lot. Its rich history, including the Alamo, expansive cattle ranches, vibrant music scene, and it’s the heart of the American oil industry. But one thing that doesn’t often come to mind is stray dogs, and it should. Texas, particularly its most populated cities like Houston, has a serious stray dog problem. Finding a stray dog can raise lots of ethical questions for Texans, especially if you want to keep it. What are your legal requirements if you find a stray dog, and how long before a stray dog is legally yours in Texas?
How Long Before A Stray Dog Is Legally Yours In Texas?
In Texas, how long before stray dog is considered legally yours varies. The state delegates the responsibility of regulating stray animal holding periods to local governments. Houston and San Antonio both enforce a 3-day minimum hold, but these rules vary from city to city across Texas.
This means that the specific holding period can differ from one city or county to another within Texas.
Texas has some of the least defined rules regarding stray dogs. The neighboring state of Arkansas’ animal control holds dogs for a minimum of 5 days. These rules are absent from Texas state laws.
Instead, Texas allows local jurisdictions to set their own animal control regulations. Instead, Texas allows local jurisdictions to set their own animal control regulations. This rule is set for this Texas Penal Code Sec. 821.104.
Therefore, it’s essential to check the specific ordinances in your city or county if you find a stray dog. These local laws will dictate your legal obligations and the process you must follow.
In Texas, the law legally classifies dogs as property.
Keeping a stray dog without attempting to find its owner or failing to follow local regulations could be considered taking someone else’s property, essentially theft.
Therefore, to find out how long it takes for a stray dog to become legally yours in Texas, you should consult local ordinances about stray animals and comprehend the legal consequences of keeping a dog that legally belongs to someone else.
Dogs As Property In Texas
When you find stray dog in Texas, you are is essentially encountering abandoned property. The Texas Penal Code emphasizes the importance of not unlawfully appropriating property, which includes keeping a found dog without attempting to locate its owner.
In Texas, dogs are considered property, similar to the legal perspective in many other states. This classification brings specific legal responsibilities and implications for anyone who finds a stray dog.
Texas law, particularly the Texas Penal Code Title 7, Chapter 31, and the Property Code Title 6, Chapter 76, provide the framework for handling lost or found property, which can extend to stray dogs. While these statutes don’t explicitly mention dogs, their principles are applicable.
The legal expectation in Texas is to take reasonable steps to identify the dog’s owner. This could involve reporting the found dog to local animal control services or shelters. The aim is to ensure that the dog is either reunited with its owner or properly cared for until the owner is found.
If the owner of the stray dog is not located, the principles of the Texas Property Code come into play. The dog, as presumed abandoned property, may eventually be eligible for adoption.
However, it’s crucial to adhere to state and local legal procedures to avoid any legal complications.
Additionally, specific county or city regulations in Texas may impose further rules regarding stray dogs. These local ordinances can affect the process and timeline before a stray dog is legally adoptable.
Stray Dogs Across Texas
Stray Dogs In Houston, Harris County
Houston, Harris County, Texas, the state’s most populous city, has established specific guidelines for handling stray dogs. These local ordinances are essential for residents to understand, especially if they encounter a stray dog.
In Houston, if you find a stray dog, you are required to report it to the local animal control center. This action is crucial as it initiates the process of reuniting the dog with its owner or finding it a new home. Houston’s approach to stray dogs involves a three-day period before the dog is offered for adoption.
According to Houston’s regulations, the animal control center can sell any healthy animal that is impounded and not redeemed within three days.
The original owner retains the right to redeem their pet within 30 days of the sale by paying double the sale price and any reasonable expenses incurred.
For those who find and wish to keep a stray dog, it’s important to note that Houston’s rules differ from other cities in Texas. In Houston, there isn’t a specified period after which a finder is automatically considered the dog’s new owner. The focus is on reuniting the dog with its original owner or ensuring its adoption through the animal control center.
Should you decide to adopt a stray dog, it’s advisable to equip your new pet with a secure dog collar and undertake necessary training, such as leash training, to prevent future straying. This not only ensures the safety of the dog but also helps in integrating it into its new home.
Need a new dog collar? My favorite is the Martingale by Max and Neo, which you can find on Amazon here.
For my full rundown of the best rescue dog collars, check out my article!
Stray Dogs In San Antonio, Bexar County
In San Antonio, if you find a stray dog, there is no specific law stating your requirements. However, if you surrender the dog to animal services, the dog will be held for a minimum of three days. After that, the dog can be adopted or euthanized.
Once impounded, a stray dog becomes eligible for adoption, fostering, or humane euthanasia if its owner does not claim it within the specified holding period. These rules are outlined in Sec. 5-158.
If you find and wish to keep a stray dog, it’s important to note that there isn’t a specified period after which a finder is automatically considered the dog’s new owner. The focus is on reuniting the dog with its original owner or ensuring its adoption through the animal control center.
The holding and adoption process that follows provides a clear path for unclaimed stray dogs to find new homes.
It’s important to recognize that these local regulations in San Antonio are distinct from state laws. This highlights the importance of being familiar with your city’s specific ordinances regarding stray dogs, as they can significantly differ from broader state regulations.
Understanding these local rules is key to responsibly handling a stray dog situation in San Antonio.
Sources
- https://www.khou.com/article/life/animals/stray-animals-houston-texas/285-b1e313b8-2030-4d4e-8d6b-be7bab836d69
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.821.htm
- https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH5AN
- https://library.municode.com/tx/houston/codes/code_of_ordinances/178617?nodeId=COOR_CH6ANFO_ARTIVDOCA_DIV3IMDORULA_S6-102IMGE
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.76.htm
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm
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