Health & Safety Code · §821.025

Appeal of Animal Seizure Order

Appeal of Animal Seizure Order (§821.025): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Seizure warrant on reason to believe animal cruelly treated (§821.022)
  • Hearing within 10 calendar days of the warrant
  • Appeal to county court or county court at law (§821.025(a))
  • Notice of appeal + bond within 10 calendar days of the order (§821.025(b))

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Worked examples

Worked example 1

SCENARIO. Officers seized two dogs found in a hot vehicle under a warrant issued under HSC §821.022. After a hearing, the justice court divests the owner of ownership. Under §821.025, how can the owner appeal?

  1. The owner cannot appeal a justice court animal order
  2. By filing a notice of appeal and a cash or surety bond, no later than the 10th calendar day after the order, to the county court or county court at law Correct
  3. By filing a motion with the officer's agency within 30 days
  4. Only by filing a federal civil rights suit
Why: §821.022: if an officer has reason to believe an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate (or a municipal court) for a warrant to seize it; on probable cause the court issues the warrant and sets a hearing within 10 calendar days. §821.025: an owner divested of ownership under §821.023 may appeal to a county court or county court at law; to perfect the appeal, the owner must file a notice of appeal and a cash or surety bond in the amount set by the court no later than the 10th calendar day after the order is issued. Any cruelty charge (Penal Code §42.092) is a separate criminal case.
Statute: Tex. Health & Safety Code §821.025; §821.022