For those private citizens who want to be sure the Montgomery County Animal Shelter is operating satisfactorily, Texas law gives you certain tools.
FILE AN INJUNCTION
HEALTH AND SAFETY CODE Sec. 823.007
INJUNCTION. A court of competent jurisdiction may, on the petition of any person, prohibit by
injunction the substantial violation of this chapter.
DEMAND ACCESS TO THE SHELTER
HEALTH AND SAFETY CODE Sec. 821.002
TREATMENT OF IMPOUNDED ANIMALS. (a) A person who impounds or causes the impoundment of an animal under state law or municipal ordinance shall supply the animal with sufficient wholesome food and water during its confinement.
(b) If an animal impounded under Subsection (a) continues to be without necessary food and water for more than 12 successive hours, any person may enter the pound or corral as often as necessary to supply the animal with necessary food and water. That person may recover the reasonable cost of the food and water from the owner of the animal. The animal is not exempt from levy and sale on execution of a judgment issued to recover those costs.
FILE AN OPEN RECORDS REQUEST
Check their work and review documents. email an Open Records request for a copy of the Veterinarians Report to the Shelter Director who must reply within ten days.
HEALTH AND SAFETY CODE Sec. 823.003.
STANDARDS FOR ANIMAL SHELTERS; CRIMINAL PENALTY. (a) Each animal shelter operated in this state shall comply with the standards for:
(1) housing and sanitation as provided in Chapter 826 for quarantine and impoundment facilities; and
(2) animal control officer training adopted under Chapter 829.
(b) An animal shelter shall separate animals in its custody at all times by species, by sex (if known), and if the animals are not related to one another, by size.
(c) An animal shelter may not confine healthy animals with sick, injured, or diseased animals.
(d) Each person who operates an animal shelter shall employ a veterinarian at least once a year to inspect the shelter to determine whether it complies with the requirements of this chapter and Chapter 829. The veterinarian shall file copies of the veterinarian’s report with the person operating the shelter and with the department on forms prescribed by the department.
(e) The executive commissioner of the Health and Human Services Commission may require each person operating an animal shelter to keep records of the date and disposition of animals in its custody, to maintain the records on the business premises of the animal shelter, and to make the records available for inspection at reasonable times.
FILE A CRIMINAL COMPLAINT
File a complaint with the DA.
(f) A person commits an offense if the person substantially violates this section. An offense under this subsection is a Class C misdemeanor.
BE CAREFUL
Make sure you take a witness and record everything said with a voice recorder. Keep copies of all documents.
