Statutes

Statute by categorysort descending Citation Summary
TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 T. C. A. § 70-8-101 to 112 These Tennessee statutes comprise the Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 and includes the legislative intent, definitions, and factors relevant to endangered species investigations. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Violation constitutes a Class B misdemeanor and incurs warrantless searches and seizure of the wildlife taken and the instrumentalities used in the taking.
TN - Equine Activity Liability - Chapter 20. Equine Activities--Liability T. C. A. § 44-20-101 to 105 This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
TN - Exotic Pet - Part 4. Exotic Animals. T. C. A. §§ 70-4-401 - 418 This Tennessee chapter relates to the private possession of wildlife. It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee wildlife resources commission pursuant to this part. Additionally, no person shall possess Class I (all species inherently dangerous to humans such as wolves, bears, lions and poisonous snakes) or Class II (native species that are not listed in other classes) wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition. In order to obtain a permit to possess Class I wildlife, a person must be 21, have at least 2 years of experience handling such animals (or take an approved written exam), have a full-time resident caretaker, and must have a plan for the quick and safe recapture of the wildlife, among other provisions. The annual permits and fees for personal possession of Class I wildlife are $150/animal or $1,000/facility.
TN - Expert - § 29-26-115. Burden of proof; expert witnesses T. C. A. § 29-26-115 This Tennessee statute provides the requirements for the claimant's burden of proof under malpractice actions, including, inter alia, the proof that the defendant's actions fell below the recognized standard of acceptable professional practice in the community, proximate cause, and proof by a preponderance of the evidence that defendant's actions were negligent.
TN - Hunting - Part 3. Hunter Protection Act. T. C. A. § 70-4-301 - 303 This section represents Tennessee's "Hunter Protection Act." The law makes it a Class C misdemeanor to interfere with the lawful taking of a wild animal by another with the intent to prevent the taking; disturb or engage in an activity that will tend to disturb a wild animal, with the intent to prevent the lawful taking; disturb a person engaged in lawful hunting with the intent to prevent the taking; enter or remain on land with intent to violate this section; fail to obey a peace officer's orders to desist from conduct in violation of this section; or use a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled. A person affected by conduct in violation of this section may seek an injunction or recover damages, including punitive damages.
TN - Hunting, Internet - Part 5. Computer-Assisted Hunting from Remote Locations T. C. A. § 70-4-501 - 504 This set of Tennessee laws prohibits computer-assisted remote hunting or providing or operating facilities for computer-assisted remote hunting if the wildlife being hunted is located in this state. Computer-assisted remote hunting is defined as "the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife."
TN - Impound - Rabies. § 68-8-109. Observation; confinement or quarantine. T. C. A. § 68-8-109 This Tennessee statute provides that if any animal has bitten any person, is suspected of having bitten any person or is for any reason suspected of being infected with rabies, the animal may be required to be placed under an observation period either by confinement or by quarantine for a period of time deemed necessary by the commissioner or rules of the department.
TN - Initiative - Tennessee Hunting Rights Amendment (2010) Tennessee Hunting Rights Amendment (2010) (passed) The proposed amendment on the 2010 ballot provides for the personal right to hunt and fish subject to state laws, regulations, and existing property rights. The measure also states that "traditional manners and means" may be used to take non-threatened species. It passed with an overwhelming majority of the vote.
TN - Licenses - § 68-8-107. Seizure; adoption; destruction. T. C. A. § 68-8-107 This Tennessee statute mandates that any dog found running at large may be seized by any peace officer and placed in an animal shelter in counties or cities where an animal shelter or pound is available. If the dog or cat is wearing a rabies vaccination tag or other identification, all reasonable effort shall be made to locate and notify the owners who shall be required to appear within five (5) days and redeem the animal by paying a pound fee as set by the city or county legislative body.
TN - Liens, Veterinary - § 63-12-134. Liens and incumbrances. T. C. A. § 63-12-134 This statute specifically allow vets to hold an animal until a bill is paid for treatment, board or care of an animal.
TN - Ordinances - § 44-17-401. Use of electronic locating collars on dogs T. C. A. § 44-17-401 This Tennessee statute provides that no agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy which restricts or prevents the owner of any dog from using an electronic locating collar to protect such dog from loss.
TN - Ordinances - § 5-1-120. Dogs and cats; licenses, shelters and other animal control facilities T. C. A. § 5-1-120 This Tennessee statute outlines the broad police power counties have with respect to dog and cats. It provides that counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals.
TN - Pet Damages - § 44-17-403. Liability for death of pet; damages; exemptions T. C. A. § 44-17-403 This Tennessee statute provides that a pet owner may seek non-economic damages up to $5,000 for the death of his or her pet against the person who is liable for causing the death or injuries that led to the animal's death. The person causing the pet's death must have done so intentionally or, if negligently, the incident must have occurred either on the owner or pet caretaker's property or while in the control and supervision of the caretaker. These damages are not for the intentional infliction of emotional distress of the owner or other civil claim, but rather for the direct loss of "reasonably expected society, companionship, love and affection of the pet."
TN - Rabies - Chapter 8. Rabies T. C. A. § 68-8-101 - 115 This chapter reflects the Tennessee Anti-Rabies Law. It is unlawful for any person to own, keep or harbor any dog or cat six (6) months of age or older that has not been vaccinated against rabies as required by this chapter. Ferrets, certain livestock, hybrid animals and other animals may be vaccinated for rabies if a vaccine is legally available for that species.
TN - Rabies - Chapter 8. Rabies. § 68-8-108. Transportation. T. C. A. § 68-8-108 This Tennessee statute provides that this chapter related to rabies shall not prohibit the transportation of dogs or cats in the state; provided, that the dogs or cats are securely confined or kept on a leash while being transported in the state.
TN - State animal - § 4-1-337. Official state pet T. C. A. § 4-1-337 In 2014, Tennessee enacted a law that makes dogs and cats adopted from Tennessee animal shelters and rescues the official state pet.
TN - Trusts - § 35-15-408. Trust for care of animal. T. C. A. § 35-15-408 This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years.
TN - Vehicle - § 29-34-209. Forcible entry of a motor vehicle for purposes of removing a minor or an animal T. C. A. § 29-34-209 This statute grants a person who forcibly breaks into a motor vehicle to save a minor or animal immunity from civil liability.
TN - Veterinary - Chapter 12. Veterinarians. T. C. A. § 63-12-101 - 146; T. C. A. § 63-12-201 - 204 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
TN - Wildlife - Part 2. Wildlife Regulation and Protection T. C. A. § 70-4-201 - 211 These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife.
Tunisia - Cruelty - Animal Transport (in French) Journal officiel de la République tunisienne nº 6, 19 janvier 2007, p. 189 à 191. This Order, in French, establishes the technical and sanitary requirements for the transport of animals subject to the procedures of identification. These conditions are designed to ensure the comfort of the animal.
TX - Alligators - Chapter 65. Alligators V. T. C. A., Parks & Wildlife Code § 65.001 - 104 Under these Texas statutes, no person may take, sell, purchase, or possess an alligator, an alligator egg, or any part of an alligator without a permit. An offense is a misdemeanor.
TX - Animal Regulation - § 215.026. Animals at Large V.T.C.A., Local Government Code § 215.026 This statute gives municipalities in the state of Texas to establish and regulate pounds and the running at large of horses, mules, cattle, sheep, swine or goats. The statute also allows municipalities to handle the capture, impounding, and sale of any animal at large that is in violation of this statute. Municipalities may also impose penalties on the owner of the animal that is in violation of the statute.
TX - Assault, sexual of animal - § 21.09. Bestiality V. T. C. A., Penal Code § 21.09 This law represents Texas' prohibition on bestiality, which was enacted in 2017. A person commits this offense if he or she engages in listed contact with an animal. Additionally, a person violates this law if he or she: possesses or provides an animal for such purpose; organizes, promotes or participates in such conduct; permits such conduct at premises under his or her control; engages in conduct listed described in the presence of a child younger than 18 years of age; or advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described. Violation is a state jail felony unless the conduct is done in the presence of a child younger than 18 or the conduct results in serious bodily injury or death of the animal; the offense is a felony of the second degree in those cases.
TX - Assistance animals - Assistance Animal/Guide Dog Laws V. T. C. A., Government Code § 661.910; V. T. C. A., Human Resources Code § 121.002 - 009; V. T. C. A., Penal Code § 42.091; V.T.C.A., Penal Code § 38.151; V. T. C. A., Transportation Code § 552.008 - 010; V. T. C. A., Health & Safety Code§ 437.023; The following statutes comprise the state's relevant assistance animal and guide dog laws.
TX - Breeder - Chapter 802. Dog or Cat Breeders. V. T. C. A., Occupations Code § 802.001 - 251 Under the Texas Dog or Cat Breeders Act, a person may not act as a dog or cat breeder without a license. Facilities must be inspected at least once every 18-months, and inspectors must notify the law enforcement if they discover evidence of animal cruelty or neglect. This Act also establishes a dog or cat breeder training and enforcement account that can be used for promoting consumer awareness of this chapter, and supporting education, training, and enforcement efforts.
TX - Circus - Chapter 2152. Regulation of Circuses, Carnivals, and Zoos. V. T. C. A., Occupations Code § 2152.001 - 202 (Repealed 2015) Note chapter repealed: Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(14), eff. April 2, 2015. This set of Texas laws concerns the regulation of carnivals, circuses, and zoos. However, circuses are specifically exempted from regulation if they are licensed by the USDA and if the circus provides proof of (mandatory) inspection at least once a year. "Circus" is defined as a commercial variety show featuring animal acts for public entertainment. In Texas, the Texas Board of Health must adopt standards for the operation of circuses, carnivals, and zoos that promote humane conditions for animals and protect the public health and safety. A person may not operate a circus, carnival, or zoo unless the person holds a license issued under this chapter for the circus, carnival, or zoo. A person who knowingly operates a circus without a license under this chapter commits a Class C misdemeanor.
TX - Counseling - § 54.0407. Cruelty to Animals: Counseling Required. V. T. C. A., Family Code § 54.0407 For juveniles convicted under the Texas criminal animal cruelty statute (found at Tex. Penal Code § 42.09), psychological counseling is required.
TX - Cruelty - Chapter 821. Treatment and Disposition of Animals. V. T. C. A., Health & Safety Code § 821.001 - 026; § 821.051 - 057; § 821.076 - 081; § 821.101 - 104 This Texas section addresses the treatment of animals and disposition of cruelly treated animals.
TX - Cruelty - Chapter 829. Animal Control Officer Training V. T. C. A., Health & Safety Code § 829.001 - 009 This chapter concerns the appointment of animal control officers in Texas. The chapter requires that an animal control officer complete training, which includes at least a 12-hour basic animal control course and subsequent continuing education.
TX - Cruelty - Consolidated Cruelty Statutes V.T.C.A., Penal Code § 42.09; § 42.091; § 42.092; § 42.10; § 42.105 These comprise Texas' anti-cruelty laws. Texas has laws that prohibit cruelty to both livestock (sec. 42.09) and non-livestock animals (sec. 42.092). Both laws requires a scienter of intentionally or knowingly, and enumerate limited defenses. "Animal" means a domesticated living creature and wild living creature previously captured but does not include an uncaptured wild creature. Also included is Texas animal fighting provision, which criminalizes being a spectator at an animal fighting exhibition among other things. In 2011, Texas enacted a law prohibiting cockfighting.
TX - Dangerous - Subchapter B: Dogs That Are A Danger to Animals V. T. C. A., Health & Safety Code § 822.011 - 013 Subchapter B prohibits dogs from running at large and enumerates the criminal penalty for such violation.
TX - Dangerous - Subchapter D: Dangerous Dogs V. T. C. A., Health & Safety Code § 822.041 - 047 Chapter 822, Subchapter D addresses dangerous dogs and their treatment, including dog attacks, registration, defenses, violations of the statute.
TX - Dangerous - Subchapter E: Dangerous Wild Animals V. T. C. A., Health & Safety Code § 822.101 - 116 Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements. One thing to note is that Texas animal cruelty laws do not apply to these wild animals.
TX - Dangerous - § 822.0422. Reporting of Incident in Certain Counties and Municipalities V. T. C. A., Health & Safety Code § 822.0422 This Texas statute outlines the procedures for reporting a dangerous dog incident in counties with a population of at least 2,800,000 in which an ordinance has been adopted pursuant to this section. It describes the reporting and seizure requirements should an owner fail to turn over an implicated dog.
TX - Disaster - § 418.043. Other Powers and Duties (pet disaster planning) V. T. C. A., Government Code § 418.043 The Texas Division of Emergency Management is directed to assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster.
TX - Dog - Consolidated Dog Laws V.T.C.A., Health & Safety Code § 821.101 - 104; 822.001 - 100; § 823.001 - 009; § 826.001 - 055; § 828.001 - 015; V. T. C. A., Parks & Wildlife Code § 62.0065; § 62.016 These Texas statutes comprise the state's dog laws. Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws.
TX - Dogs, rescue - Chapter 785. Search and Rescue Dogs V.T.C.A., Health & Safety Code § 785.001 - .005 This chapter of laws deals with search and rescue dogs and their handlers. All search and rescue dog handlers must be certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency. This chapter of laws allows for search and rescue dogs and their handlers equal access to all public facilities. If any person denies access to a search and rescue dog or their handler, he or she will be guilty of a misdemeanor punishable by a fine of not less than $300 or more than $1,000. If the search and rescue dog causes any damage while in the facility, the handler will be solely responsible.
TX - Domestic Violence - § 85.021-.022 Protective Orders V.T.C.A., Family Code § 85.021 -.022 In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.
TX - Endangered Species - Chapter 68. Endangered Species V. T. C. A., Parks & Wildlife Code § 68.001 - 021 Texas defines endangered species as those listed on the federal ESA List as well as those designated in the state. No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife nor may he or she possess, sell, distribute, or offer or advertise for sale those species (unless allowed as described in the subchapter). Notably, this chapter excepts from its provisions coyotes, cougars, bobcats, prairie dogs, and red foxes (with no mention as to what occurs in the event they become endangered). Violation of the provisions results in a Class C Parks and Wildlife Code misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for subsequent offenses.
TX - Equine Activity Liability - Chapter 87. Liability Arising from Equine Activities or Livestock Shows. V. T. C. A., Civil Practice & Remedies Code § 87.001 - 005 This Texas section provides that all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm. The statute also requires the visible displaying of "clearly readable" warning signs that alert participants to the limitation of liability by law.
TX - Exotic pets - Subchapter A. Regulation of Keeping of Wild Animals V. T. C. A., Local Government Code § 240.001 - 004 In this subchapter, wild animal is defined as a nondomestic animal that the commissioners court of a county determines is dangerous and is in need of control in that county. The commissioners court of a county by order may prohibit or regulate the keeping of a wild animal in the county. A person commits a Class C misdemeanor if the person violates an order adopted under this subchapter and the order defines the violation as an offense.
TX - Facility dog - § 21.012. Presence of Qualified Facility Dog or Qualified Therapy Dog in Court Proceeding V. T. C. A., Government Code § 21.012 Texas enacted a facility dog/courthouse dog law in 2021. Under the law, any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog or qualified therapy dog to be present with a witness who is testifying before the court. The court may enter an order authorizing a qualified facility dog or qualified therapy dog to accompany a witness testifying at the court proceeding if: (1) the presence of the dog will assist the witness in providing testimony; and (2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog. A handler must accompany the qualified facility dog (as defined in the law).
TX - Fighting - § 42.10. Dog Fighting. V. T. C. A., Penal Code § 42.10 Texas criminal statute that prohibits dog fighting. Actions ranging from causing a dog to fight with another to attending a dog fight as a spectator are prohibited. To constitute an offense, one must demonstrate the requisite intent of intentionally or knowingly.
TX - Horse - Sale of Horsemeat (Chapter 149. Sale of Horsemeat for Human Consumption) V. T. C. A., Agriculture Code § 149.001 - 007 These statutes prohibit the sale of horsemeat, the possession of horsemeat with the intent to sell, and the knowing transfer of horsemeat to a person who intends to sell it for human consumption. Horsemeat is defined as the flesh of an animal of the genus equus. Prima facie evidence of an offense is prescribed by these statues and includes, for example, the presence of horsemeat in a restaurant or cafe. The penalty for an offense may be a fine of up to a $1,000, confinement for not less than 30 days and not more than two years, or both a fine and confinement.
TX - Hunting - Subchapter B. Seasons and Limits. § 64.011. Eagle. V. T. C. A., Parks & Wildlife Code § 64.011 This section of the Texas code prohibits the killing of a golden or Mexican brown eagle except by permit (refers to the permit to kill wildlife that is threatening agricultural interests or public safety).
TX - Hunting - Subchapter F. Unlawful Controlled Killing of or Attempting to Injure Dangerous Wild Animals. V. T. C. A., Parks & Wildlife Code § 62.101 - 107 This Texas statute provides that no person may kill or attempt to injure a dangerous wild animal that is in captivity in this state or released from captivity in this state for the purpose of being killed.
TX - Hunting - § 62.002. Computer-Assisted Remote Hunting V. T. C. A., Parks & Wildlife Code § 62.002 Under this Texas statute, a person may not engage in computer-assisted remote hunting or provide or operate such facilities if the animal being hunted is located in Texas. A violation is a Class B misdemeanor.
TX - Hunting - § 62.0125. Harassment of Hunters, Trappers, and Fishermen V. T. C. A., Parks & Wildlife Code § 62.0125 This law represents Texas' hunter harassment law, also known as the Sportsman's Rights Act. Under the section, a person may not intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife, or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting lawful hunting. Violation is a Class B misdemeanor. It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.
TX - Hunting, canned - § 62.015. Hunting and Possession of Exotic Animals V.T.C.A., Parks & Wildlife Code § 62.015 This Texas law provides that no person on a public road or on the right-of-way of a public road may hunt an exotic animal. In addition, no person may hunt on the land of another for an exotic animal without the express consent of the owner of the land to hunt for exotic animals. A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

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