Laws on Leaving Dogs Outside in Cold Weather in Texas

Texas has both civil and criminal laws pertaining to animal cruelty, each of which results in different types of punishment, ranging from monetary fines to a jail sentence for the dog's owner. Depending on the circumstances, keeping one or more dogs outside in severely cold weather without proper shelter can qualify as an act of animal cruelty, punishable by law in Texas.

  1. Cruelty

    • The Texas Health and Safety Code prevents an owner from knowingly, intentionally or recklessly treating his pet in a cruel manner. Under statute 42.092, the Cruelty of Non-Livestock Animals law, cruelty to a domestic pet, such as a dog, can consist of failure to provide it with proper shelter, food or care, according to the Society for the Prevention of Cruelty to Animals of Texas. Without providing for some type of shelter to keep the dog warm, along with food and water that is not frozen, keeping a dog outside in the winter falls under the category of cruelty. In addition, Texas House Bill 1411 prevents the tethering or restraint of a dog kept outside in extremely cold weather, under 32 degrees Fahrenheit.

    Responsibility

    • Texas defines the owner of a dog as the person who is responsible for its health, care and safety, regardless of who is listed as the owner of the dog. If you are entrusted to care for someone else's dog and fail to provide it with proper shelter, you are subject to cruelty charges. A dog is required to have an outdoor shelter, covered on all sides, that it can sit up and turn around comfortably in and that is not too large that it will not retain heat. The shelter must be fitted with non-porous, warm bedding, according to the Partnership for Animal Welfare. Each dog must have its own, adequate shelter, food and water for multiple dog households.

    Consequences

    • If a complaint of cruelty is filed against you, your local animal control or law enforcement officer will investigate the conditions in which you are keeping your dog to determine whether cruelty charges apply. Depending on the severity of the neglect or lack of shelter determined by local authorities, you can be charged with animal cruelty resulting in a misdemeanor or felony conviction. House Bill 653, commonly called "Loco's Law," named for a puppy that experienced severe torture, made animal cruelty a felony in the state, according to the SPCA of Texas. As of Sept. 1, 2001, this law made acts of animal cruelty punishable by a $10,000 fine and a two-year jail sentence.

    Warnings

    • If you keep your dogs outdoors in Texas, provide them each with a warm shelter and monitor the weather. When temperatures drop below 32 degrees Fahrenheit, bring your dogs inside to prevent them from suffering in freezing conditions, which affect their health and safety. If you suspect a neighbor is treating his dogs cruelly, not providing them with proper shelter or restraining them in freezing conditions, contact your local animal control office or police department to file a complaint. For non-emergency situations, you can also file a complaint online through the SPCA of Texas website.