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As far as I know, this applies to feral dogs and cats too, since the only animals excluded from protection are "circus animals, wild animals and animals used in experiments." Unless she can prove the cat was causing damage/harm...but not even sure she'd have a case then. She's been questioned today (?) or will be questioned by police sometime this week. I guess we'll see what happens...
Right, here's the definition of "animal" in the statute for cruelty to nonlivestock animals (Sec. 42.092):
"Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
Simple presence on someone's property isn't a justifiable defense, either. These are the permissible defenses:
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:
(2) the actor was engaged in bona fide experimentation for scientific research.
(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:
(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.
(1) form of conduct occurring solely for the purpose of or in support of:
(A) fishing, hunting, or trapping; or(2) animal husbandry or agriculture practice involving livestock animals.
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or
From what I understand, the Waco case was controversial because it departed from precedent.
If the cat really is Tiger, then the owners may also have grounds for a civil case, though I don't know what kind of damages they could possibly seek. In the states I've lived in, you can at least recover the cost of the animal, but Texas may not even allow for that.