How Texas laws are keeping pets safe during cold weather

HARLINGEN, Texas (ValleyCentral) — Cameron County District Attorney Luis Saenz is reminding residents of dog restraint laws as the Rio Grande Valley experiences lower temperatures.

The state law regarding unlawful restraint of a dog states an owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to adequate shelter.

Adequate shelter protects the dog from inclement weather and is large enough to allow the dog to stand, sit, turn around and lie down in a normal position.

Under Texas Penal Code 42.092 regarding cruelty to non-livestock animals, a person commits an offense if they intentionally, knowingly, or recklessly fail to provide necessary food, water, care or shelter for an animal in their custody.

Cameron County Animal Cruelty Investigator Nikki Daniell is also reminding residents that the use of chains or heavy weights as restraints is illegal in Texas.

Daniell said her job is to enforce animal cruelty laws and educate the public on how those laws have changed.

"Right now with inclement weather coming it's cold and you see a lot of dogs that are tethered. It needs to be ten feet long or at least five times the length of the dog's body," Daniell said.

Saenz said any person violating these laws will face prosecution. Punishment for violating these laws include a Class A Misdemeanor with six months to one year in prison, or a State Jail Felony with six months to two years in prison.

"The thing about our dogs is that they're like us," Saenz said. "We're not used to cold weather so they're not used to cold weather, so you take a dog that lives in Kansas or Dallas and that dog can acclimate or has been through cold weather before but our dogs are like us and they're not used to cold weather."

Concern for the welfare of outdoor animals is not only during the winter, Daniell said her team works year-round to enforce the law.

"It's not just going to be in the winter and it's not just going to be a slap on the wrist," Daniell said. "If you are actively abusing your animals or neglecting them there needs to be repercussions and consequences."