(a) It is a defense to prosecution under § 822.044 or § 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under § 822.044 or § 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.

Terms Used In Texas Health and Safety Code 822.046

  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) It is a defense to prosecution under § 822.044 or § 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code.

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