1. (a) A finding in a court of competent jurisdiction that the owner of an animal is guilty of an offense under Section 42.09 or 42.092, Penal Code, involving the animal is prima facie evidence at a hearing authorized by Section 821.022 that the animal has been cruelly treated.
2. (b) A statement of an owner made at a hearing provided for under this subchapter is not admissible in a trial of the owner for an offense under Section 42.09 or 42.092, Penal Code.
3. (c) Each interested party is entitled to an opportunity to present evidence at the hearing.

4. (d) If the court finds that the animal's owner has cruelly treated the animal, the owner shall be divested of ownership of the animal, and the court shall:

   1. (1) order a public sale of the animal by auction;
   2. (2) order the animal given to a nonprofit animal shelter, pound, or society for the protection of animals; or
   3. (3) order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so.

5. (e) A court that finds that an animal's owner has cruelly treated the animal shall order the owner to pay all court costs, including costs of:

   1. (3) housing and caring for the animal during its impoundment;
   2. (1) investigation;
   3. (2) expert witnesses;
   4. (4) conducting any public sale ordered by the court; and
   5. (5) humanely destroying the animal if destruction is ordered by the court.
6. (f) The court may order that an animal disposed of under Subsection (d)(1) or (d)(2) be spayed or neutered at the cost of the receiving party.
7. (g) The court shall order the animal returned to the owner if the court does not find that the animal's owner has cruelly treated the animal.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 157, Sec. 1, eff. Aug. 26, 1991;

Acts 1995, 74th Leg., ch. 76, Sec. 14.43, 14.44, eff. Sept. 1, 1995;

Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.

Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 4, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 8, eff. September 1, 2017.