Andrea Rosebrock 
Just hours after the new Texas animal laws went into effect on September 1, Harris County had their first case. This new, and well overdue, law lowers the burden of proof and makes it easier to prosecute someone for animal cruelty. It defines what ‘cruelty’ is and gives greater protection to companion animals, dogs and cats.
The first case that will fall under this new law is that of Bolo, a young Rottweiler who almost lost his life at the hands of his owner. Concerned neighbors call the police after hearing the dog’s cries of pain.
When the police arrived a horrific scene awaited them.
“The dog was suspended by its neck by [a] metal chain, choking to death and the guy was beating it with a broken baseball bat,” said Lt. Mark Timmers of the Houston Humane Society.
The chain which was embedded in the dogs neck and the broken baseball bat are now part of evidence against the owner. The puppy, along with four other dogs, were removed and the owner was charged under the state’s new felony animal cruelty law. the DA accepted the case “without reservation.”
“Under the new law, the owner can be prosecuted if he kills or causes bodily injury to an animal in a cruel manner,” said Harris County Prosecutor Belinda Smith. “In this particular case, this crime happened the day the new law came into effect.”
For Bolo, a very lucky circumstance. Although he is as well considered ‘evidence’ in the case, he will have a chance at a new life and a much brighter and “a kinder, gentler future.”
His owner, on the other hand, if convicted, could face up to two years in jail and a $10,000 fine.
Some details on the New Texas Animal Cruelty Law
HB2328 – This Animal Cruelty statute is now much stronger in terms of protecting animals than it was in the past. It is now a crime to;
- commit acts of cruelty to stray and feral dogs and cats
- “recklessly” commit cruelty to an animal (prosecutors will no longer have to prove that a person intended to commit cruelty)
- kill or cause serious bodily injury to animals “in a cruel manner”—which is defined as “a manner that causes or permits unnecessary or unjustifiable pain or suffering” (it will no longer be necessary to prove “torture”)
- fail to provide water to an animal in a person’s custody.
Heinous crimes of cruelty towards animals can now be tried as a FELONY punishable by up to $10,000 in fines or 2 years in jail or BOTH. Under this new law, minors (under the age of 18) can be forced to undergo psychological counseling.
There were also a couple of other bills passed in Texas that are victories for companion animals;
HB916 increases the penalty for dog fighting from a Class A misdemeanor to a state jail felony and increases the punishment for people who attend dog fights.
HB1141 prohibits an owner from tethering a dog outside between the hours of 10 pm to 6 am and also prohibits tethering for more than 3 hours. It also prohibits tethering outside during extreme weather conditions such as:
- The outdoor temperature is below 32 degrees Fahrenheit
- A heat advisory has been issued by a local or state authority of jurisdiction
- A hurricane, tropical storm or tornado watch or warning has been issued for the area by the National Weather Service OR any combination of these factors.
Source – ABC13
Very glad to hear little Bolo has been ’spared’ thanks to some good citizens who promptly reported the poor dogs cries for help. I strongly believe that anyone who reports animal abuse resulting in saving the animal’s life should be monetarily REWARDED for their decency while the perpetrator is given the MAXIMUM penality allowed under the new harsher Texas law.
While I’m thrilled to see that the law is clearer in terms of ‘what constitutes’ animal cruelty and also lowers ‘burden of proof’, I still strongly believe the laws are NOT tough enough but this is a strong step in the RIGHT direction.
Michelle, the new law is a strong step in the right direction for which I am very glad to see. Now what I’d really like to see is more states adopting stronger laws. Then the presiding judges need to start sentencing accordingly. I am sick of seeing killers get probation. Too often, even when the vile excuse for a human being is caught and convicted, their sentence amounts to little more than a ’slap on the wrist’ and they’re still out there to so the same thing again. Why not, they weren’t punished the first time?!
I voluteer for North Carolina Rottweiler Rescue and I fostered Bolo when he first came up from Texas and Bolo is a wonderful dog. he had a myriad of health issues but those are now resolved with a thanks to Jeff who had a big part in saving him. Bolo is such a special dog I ended up adopting him and he is doing great and despite his horrific expierences he is completely trusting of people and loves everybody A true success story and worthy of everyones efforts