§ 4-40. Cruelty to animals.

(a)

Unlawful actions. It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, shoot, cut with a knife or other sharp object, inhumanely trap or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict pain, injury, suffering, or death to such animal; except that reasonable force may be used to drive away vicious or trespassing animals. It shall be unlawful to tease, annoy, disturb, molest or irritate an animal.

(b)

Poisonous substances. It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass or in any place with the intent to injure any animal. A substance, such as antifreeze, is considered poisonous even if it is not labeled "poison" if the substance is poisonous to animals. The provisions of this article are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents.

(c)

Violation. If any person is found guilty of having violated any part of this section any license or permit held by such person under this chapter shall be automatically revoked in addition to possible criminal charges and fines.

(Code 1990, ch. 2, § 11)

State law reference

Cruelty to animals, V.T.C.A., Penal Code §§ 42.09, 42.092.