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§ 92.002.Limitation of Liability

Title 4. Liability in Tort · Chapter 92. Limitation of Liability for Person Assisting Certain Animals · Last amended 2011 · Last verified August 29, 2026

In one sentenceSection 92.002 protects a person who without compensation gets medical care for a distressed animal, on two conditions — reasonable steps to find the owner, and a veterinarian's determination of need.

Full Text of § 92.002

Text sizeJump to: (a) (b)

(a)In this section, "emergency" includes:
(1)a natural disaster, including an earthquake, fire, flood, or storm;
(2)a hazardous chemical or substance incident; and
(3)a vehicular collision with an animal or other transportation accident in which an animal is injured or is otherwise in need of assistance to protect the animal's health or life.
(b)A person who in good faith and without compensation renders or obtains medical care or treatment for a nonlivestock animal that is injured or in distress because of an emergency, abandoned, running at large, or stray is not liable for civil damages for an injury to the animal resulting from an act or omission in rendering or obtaining the medical care or treatment, unless the person commits gross negligence, if:
(1)the person first takes reasonable steps to locate the animal's owner by:
(A)attempting to contact the animal's owner using the contact information located on the animal's identification tag, collar, or chip, if any, or taking other reasonable action to contact the owner; or
(B)notifying an animal control agency with authority over the area where the person resides, or an animal control agency with authority over the area where the person took custody of the animal if that area lies outside of the municipality or county where the person resides, that the animal is in the person's custody and providing the animal control agency with the person's contact information; or
(2)a veterinarian determines that the animal:
(A)needs immediate medical treatment to alleviate pain or save the animal's life; or
(B)exhibits visible signs of recent abuse as described by Section 42.092(b), Penal Code.
End

Plain-English Summary

The protection, and both conditions must be satisfied.

A person who in good faith and without compensation renders or obtains medical care or treatment for a nonlivestock animal that is injured or in distress because of an emergency, abandoned, running at large, or stray is not liable for civil damages for an injury to the animal resulting from an act or omission — if two conditions are met.

"Emergency" is defined broadly, covering a natural disaster, a hazardous chemical or substance incident, and a vehicular collision with an animal or other transportation accident in which an animal is injured or needs assistance.

The first condition is finding the owner. The person must take reasonable steps by attempting to contact the owner using the contact information on the animal's identification tag, collar, or chip, or otherwise; or by notifying an animal control agency with authority over the relevant area.

Either route suffices, and the chip reference reflects how a found animal is now usually identified.

The second condition is professional. A veterinarian must determine that the animal needs immediate medical treatment to alleviate pain or save its life, or exhibits visible signs of recent abuse as the Penal Code cruelty provision describes.

That keeps the protection to genuine emergencies. A person who takes a stray to a vet for elective treatment without the owner's consent is outside it.

Frequently Asked Questions

Am I protected if I take an injured stray to a vet in Texas?

Yes, if you act in good faith without compensation, take reasonable steps to find the owner or notify animal control, and a veterinarian determines the animal needs immediate treatment or shows signs of recent abuse.

What counts as reasonable steps to find the owner?

Attempting to contact the owner using an identification tag, collar, or chip, or taking other reasonable action — or notifying an animal control agency with authority over the area.

Does it cover elective treatment?

No. A veterinarian must determine the animal needs immediate treatment to alleviate pain or save its life, or shows visible signs of recent abuse.

Amendment History

  • Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source