By: Flores H.B. No. 4777
A BILL TO BE ENTITLED
AN ACT
relating to liability for the loss, injury, or death of a domestic
animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 87A to read as follows:
CHAPTER 87A. LIABILITY OF KENNELS AND ANIMAL SHELTERS
Sec. 87A.001. DEFINITIONS. In this chapter:
(1) "Animal shelter" has the meaning assigned by
Section 823.001, Health and Safety Code.
(2) "Domestic animal" means a dog, cat, or other
animal that is not a farm animal, wild animal, or livestock.
(3) "For-profit kennel" means a kennel that is not
owned or operated by a nonprofit organization exempt from taxation
under Section 501(c)(3), Internal Revenue Code of 1986, or a
governmental unit.
(4) "Governmental unit" has the meaning assigned by
Section 101.001.
(5) "Kennel" means a facility that hosts, boards, or
otherwise holds domestic animals overnight in exchange for
compensation.
(6) "Nonprofit kennel" means a kennel that is owned or
operated by a nonprofit organization exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986.
(7) "Pet owner" means any person who owns or otherwise
cares for a domestic animal.
Sec. 87A.002. LIABILITY OF FOR-PROFIT KENNEL OWNER OR
OPERATOR. An owner or operator of a for-profit kennel is liable to
a pet owner as provided by this chapter if:
(1) while in the kennel's possession, care, or
control, the pet owner's domestic animal is lost, injured, or dies;
and
(2) a negligent, grossly negligent, or intentional act
or omission by the kennel contributes to the domestic animal's
loss, injury, or death.
Sec. 87A.003. LIABILITY OF NONPROFIT KENNEL OWNER OR
OPERATOR. An owner or operator of a nonprofit kennel is liable to a
pet owner as provided by this chapter if:
(1) while in the kennel's possession, care, or
control, the pet owner's domestic animal is lost, injured, or dies;
and
(2) a negligent, grossly negligent, or intentional act
or omission by the kennel is the proximate cause of the domestic
animal's loss, injury, or death.
Sec. 87A.004. LIABILITY OF ANIMAL SHELTER. An animal
shelter is liable to a pet owner as provided by this chapter if the
pet owner demonstrates by clear and convincing evidence that:
(1) while in the shelter's possession, care, or
control, the pet owner's domestic animal was lost or destroyed;
(2) the domestic animal was not in the possession of
the animal shelter as a result of a negligent act or omission by the
pet owner;
(3) the animal shelter's act or omission was grossly
negligent or intentional; and
(4) the animal shelter's act or omission proximately
caused the domestic animal's loss or destruction.
Sec. 87A.005. LIABILITY OF PUBLICLY OWNED KENNEL OR ANIMAL
SHELTER. (a) A governmental unit that owns or operates a kennel or
animal shelter is liable to a pet owner as provided by this chapter
if:
(1) while in the kennel's or shelter's possession,
care, or control, the pet owner's domestic animal is lost or
destroyed; and
(2) a grossly negligent or intentional act or omission
of the kennel or shelter was the proximate cause of the domestic
animal's loss or destruction.
(b) A governmental unit is liable in an action brought under
this chapter to the extent allowed by Chapter 101.
Sec. 87A.006. DEFENSE. It is an affirmative defense to
liability under this chapter that the loss, injury, or death of the
domestic animal was proximately caused by a health condition that
the domestic animal had before entering the kennel or shelter and of
which the pet owner gave the kennel or shelter notice.
Sec. 87A.007. EVIDENCE. (a) A claimant may prove causation
in an action brought under this chapter with direct,
circumstantial, or expert evidence. The claimant is not required
to provide testimony from a veterinarian or another causation
expert in the action. A trial court may not dismiss or otherwise
dispose of the action before trial solely because the claimant
fails to provide expert evidence.
(b) Evidence that a defendant complied with local, state, or
federal standards, licensing requirements, or regulations is not
admissible in an action brought under this chapter unless:
(1) the claimant alleges that the defendant's
noncompliance contributed to the domestic animal's loss, injury, or
death; and
(2) compliance would have prevented the domestic
animal's loss, injury, or death.
Sec. 87A.008. DAMAGES. (a) A prevailing claimant in an
action brought under this chapter may recover:
(1) if the domestic animal is lost or dies, the market
value of the domestic animal in an amount equal to the greater of:
(A) $5,000;
(B) 80 percent of the purchase price of the
domestic animal if the domestic animal is at least one year old at
the time the cause of action accrues;
(C) the purchase price of the domestic animal if
the domestic animal is less than one year old at the time the cause
of action accrues; or
(D) the market value of the domestic animal as
testified to by an expert qualified to testify as to the market
value of domestic animals;
(2) if the domestic animal is injured and not lost or
dead, the amount by which the domestic animal's market value, as
determined under Subdivision (1), is reduced by the injury, as
determined by the finder of fact;
(3) reasonable and necessary veterinary expenses
incurred, as proved by affidavit of a veterinarian, veterinarian's
assistant, or staff member of a veterinarian's clinic;
(4) future veterinary expenses, as proved by affidavit
of a veterinarian;
(5) reasonable and necessary medical expenses of the
pet owner;
(6) pain and suffering of the domestic animal;
(7) the following noneconomic damages sustained by the
pet owner for the loss or death of a domestic animal:
(A) bystander damages;
(B) mental anguish; and
(C) loss of animal companionship;
(8) the following noneconomic damages sustained by the
pet owner if the pet owner has a disability or other documented
condition requiring the use of a service animal and the domestic
animal that is the subject of the action is a service animal:
(A) bystander damages;
(B) mental anguish;
(C) pain and suffering;
(D) loss of animal companionship; and
(E) inconvenience;
(9) statutory damages of the greater of $10,000 per
domestic animal or an amount not to exceed three times the amount of
actual damages if the claimant proves by clear and convincing
evidence that the death of the domestic animal was the result of a
fire and the defendant did not have an operational smoke alarm,
operational fire alarm, or other fire-suppressing equipment in the
kennel or shelter, as applicable;
(10) if Subdivision (9) does not apply, statutory
damages of $10,000 if the defendant proximately caused the loss or
death of at least 10 domestic animals in less than 24 hours; and
(11) except as provided by Subsection (b), if the act
or omission of the defendant was the result of gross negligence or
intentional conduct, exemplary damages in an amount not to exceed:
(A) the greater of:
(i) $200,000; or
(ii) two times the amount of actual
damages; or
(B) the limit imposed by Section 41.008.
(b) A claimant may not recover exemplary damages from a
nonprofit kennel or animal shelter that operates with either
volunteer or paid staff on location at all times.
(c) A claimant that prevails in an action brought under this
chapter against a for-profit kennel or a defendant providing
services to the claimant under a contract for compensation at the
time the cause of action accrued may recover court costs and
reasonable attorney's fees.
(d) There is a rebuttable presumption that a claimant making
a claim for the loss or death of the claimant's domestic animal is
entitled to damages for mental anguish. The claimant is not
required to provide evidence of physical pain or present expert
testimony to receive mental anguish damages.
(e) The damages and liability limits prescribed by this
section as a dollar amount are increased by five percent per annum
between September 1, 2025, and the date damages are awarded in the
action.
Sec. 87A.009. CONSTRUCTION OF CHAPTER. (a) This chapter
may not be construed to limit a person from bringing an action under
another law, including an action for breach of contract or a
deceptive trade practice.
(b) This chapter shall be liberally construed to favor the
protection of domestic animals and the rights of pet owners.
SECTION 2. Chapter 87A, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.