...when the owner is in violation of virtually every provision relating to "dangerous wild animals" in the Health and Safety Code? We have a tiger which is being kept by its owner in a cage that fails to meet the minimum requirements of Section 822.111 of the Code and Rule 169.131 of the Administrative Code. If the tiger wanted out it could get out and escape into our local river bottoms. We can't let that happen. As the owner refused to remedy the situation, my Sheriff and I (with the aide of the SPCA) have decided to sieze the animal. My question is this: What Court has jurisdiction over a forfeiture proceeding? The way I read it, there is no cruelty to animals charge available for "dangerous wild animals", so I don't think those rules apply. All crimes associated with this matter are Class C Misdemeanors in the Justice Court. Since the crimes are a Class C and the JP typically exercises jurisdiciton over animal forfeitures, does the Justice Court have jurisdition? We can't give this animal back absent massive renovations, the acquisition of the mandated insurance policy, and other acts by the owner. If the owner continues to refuse to sign the animal over to a responsible rescue organization, how should I proceed? My County has never run across this issue before. I would appreciate any advice that can be provided.
MARK C HENKES Hamilton County Attorney
Posts: 4 | Location: Hamilton, Texas, United States | Registered: February 26, 2007
I went to the Austin Zoo and Animal Sanctuary last Saturday. It really isn't much as far as zoos go but they have tigers and other large cats. If a game warden can't find legal a way to seize them try posting in the criminal forum on this board.
someone did a presentation at the Civil seminar on this. I'm thinking it was Cheryl Mabry; at any rate, the paper should be available through the TDCAA staff. I'm sure mine is here somewhere, but don't know exactly where.
As I recall the presentation, it answered this question as well as others...
Contact the Harris County Attorney's Office and ask who took Roberta Lloyd's place in the office. She is on the bench now but they will have someone. You might check this website for her papers forms et cetera.