Amidst the recent drama involving Governor Abbott and the Texas Senate following the conclusion of the 88th Texas Legislative Session, a largely unknown bill was able to slip through the legislative process mostly unopposed that could have drastic implications on our communities. This bill involves Trap, Neuter & Release (“TNR”) programs and feral cats.
Before we get into this bill, some of you may be wondering why the feeding of feral cats and using TNR for feral cats is such a big deal. As an attorney representing community associations, one of the calls I receive every so often is an association complaining about the crazy cat person and his/her refusal to stop feeding feral cats in the community. Now, some may wonder, what is the harm in feeding these cats? Feeding feral cats can not only have a negative impact on the environment and create health issues, it could also lead to potential criminal liability to the individual doing the feeding. No, that was not a typo, there is potential criminal liability for feeding feral cats.
First, how does feeding feral cats negatively impact the community? According to the Texas Parks & Wildlife Department (“TPWD”), feral cat colonies have a negative impact on the populations of birds, small mammals, amphibians and other wildlife.[1] What about those Trap, Neuter & Release (“TNR”) programs we’ve heard about, don’t those fix the problem? According to the TPWD, TNR programs are not effective in curtailing the negative effects on the wildlife population. Part of TPWD’s lack of support for TNR programs has to do with the inability to successfully capture a sufficient amount of the feral cat population to neuter. In addition, the health of the individual feral cats is a concern and trapping a feral cat leads to immense stress on the individual animal, which then leads to the individual animal being even harder to capture in the future for additional medical care. Additionally, they end up concentrating feral cat colonies in a certain area which creates public health concerns, increasing the spread of disease and disrupting natural ecological processes. Suggested actions that an association may take are to curb areas that would attract feral cats or their prey. An association may want to consider creating or enforcing rules that require keeping trash and waste areas clean and orderly. Associations may also send member blasts encouraging their members to not feed or set out food for feral cats.
Feral cats have been known to carry numerous diseases such as rabies, roundworm, ringworm, fleas, ticks, etc. Now, what happens when you let Fido or Fluffy outside for a little R&R and they come into contact with one of these cats? The answer is that you will probably find yourself in the waiting room at the Vet clinic trying to social distance yourself from a giant Great Dane named Mr. Pickles who is giving you the side eye. The point is that although feeding feral cats may come from a good place, the unintended consequences outweigh the acts of kindness.
Now, let’s get into that new bill. Texas HB 3660 addressed 42.092 of the Texas Penal Code titled “Cruelty to Nonlivestock Animals”. It defines the term “abandon” as abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person. “Custody” is defined as responsibility for the health, safety and welfare of an animal subject to the person’s care and control, regardless of ownership of the animal. It is an offense of the Penal Code to fail to: 1) unreasonably provide food, water, care or shelter for an animal in the person’s custody, or 2) abandon unreasonably an animal in the person’s custody. But HB 3660 has amended §42.092 to codify protection for those using TNR programs on feral cats. So, for those individuals who have taken it upon themselves to feed feral cats and choose to get them neutered and returned to their previous location, there is now a defense against prosecution in Texas statute for the individuals.
Simply stated, feeding feral cats is potentially detrimental to the health of the ecosystem and wildlife. Additionally, an inordinate number of cats in one place could result in damage to personal property. For these reasons, residents should be educated and discouraged from feeding feral cats.
[1] See TPWD Issue Briefing Paper – “Management of Feral Cat Colonies & Trap, Neuter and Release Programs” 2014
