§ 6-30.9. Defenses.

(a)

It is a defense to prosecution under section 6-30.8 that the person is a veterinarian, a peace officer, a person employed by a recognized animal services center or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal in connection with that position.

(b)

It is a defense to prosecution under section 6-30.8 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.

(c)

It is a defense to prosecution under section 6-30.8 that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413[29bb], Vernon's Texas Civil Statutes), and is not the actual owner of the dog.

(d)

It is a defense to prosecution under section 6-30.8 that the person injured was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been reported to have teased, tormented, abused, or assaulted the animal.

(e)

It is a defense to prosecution under section 6-30.8 that the person injured was, at the time of the attack, committing or attempting to commit a crime.

(f)

It is a defense to prosecution under section 6-30.8 that the animal was protecting or defending a person while in the person's control, from an unjustified attack or assault.

(Ord. No. 8934, § 4, 4-4-08)

State law reference

Dangerous dogs, V.T.C.A. Health and Safety Code § 822.041 et seq.; dangerous wild animals, V.T.C.A. Health and Safety Code § 822.101 et seq.; local regulation of dangerous dogs, V.T.C.A., Health and Safety Code § 822.047; local regulation of dangerous wild animals, V.T.C.A., Health and Safety Code § 822.116.