Could you give us some more details? Are we talking about animals having seizures, or are you wanting to seize animals? What size animals are we talking about? Horses, cats....?
You might start at Health and Safety Code, Chapter 822 (822.002 on seizing a dog causing death or SBI), and similar issues.
If you are talking about seizing animals that are being maltreated, starved, etc., as I recall, the sheriff has the authority and responsibility to seize animals and hold them, billing the owner for costs. I also recall that a hearing before the JP is involved, but I can't find the section right now.
When I was in Bastrop we did some cattle forfeitures during a dought and we had a book called Livestock Laws of Texas that was put together by the Texas Cattleman's Assn. that had a checklist in it on the procedure for doing cattle/goat/horse seizures in the JP Court but that was 10 years ago.
I remember it was a pain in the you know what. We ended up losing one of the cases and the SO was left with a $4000 vet bill for boarding the cattle.
We seized some dogs from a puppy, uh, "farm" once. I was sued in Federal Court for $20,000,000.00 in damages, and my death by hanging for treason and dog rustling.
I never was clear on if they wanted me to keep woring until I had paid them $20,000,000.00, and then hang me, or if they wanted me hung right away, and expected that they would collect $20,000,000.00 from my estate.
Posts: 86 | Location: Floresville, TX USA | Registered: May 20, 2003
I'm pretty sure there is a copy of the Livestock Laws floating around TDCAA. It might be a good idea to call the new Research Attorney and ask him to find it. Tell him I said hello.
In the few I prepared for (only went on one), the animal control officers (the livestock deputy was the best) had reports prepared, I had contacted witnesses, and treated it like a normal case. It's good to keep the law handy, though, to be able to explain to the JP what you need to show (and, of course, did show) and the standards of proof.
Good luck. Don't let your vet kill the horse (it happened to me).
If this is still an issue give me a call at the Johnson County Attorney's Office in Cleburne, Texas. I have some pleadings and orders that I have genrated over the years on "Dangerous Dogs" as well as cruelly treated animals.
Jim Simpson
Posts: 8 | Location: Cleburne, Texas, USA | Registered: June 14, 2005