Is It Illegal To Leave Your Pet Outside In Snow Or Cold In Texas?

Is It Illegal to Leave a Pet Outside in the Cold in Texas?

Yes, it is illegal to leave your pet outside in freezing conditions in Texas without adequate shelter, food, and water. Under Texas Penal Code 42.092, failing to provide necessary care for an animal is considered animal cruelty and can result in up to a year in jail and $4,000 in fines for a first offense.

When frigid weather hits North Texas, we like to remind people to protect the four P’s: people, pipes, plants, and pets. If you don’t, you could find yourself in trouble with the law.

Here’s a look at Texas laws and potential punishments for leaving a pet in the cold, as well as tips for keeping pets safe in winter weather.

What Texas Laws Protect Pets from Cold Weather?

Texas has two primary laws that make it illegal to leave a pet outside in extreme weather. These include cruelty to non-livestock animals and unlawful restraint of a dog. Many cities also have specific ordinances to protect pets during freezing conditions.

Cruelty to Non-Livestock Animals

Under Texas Penal Code 42.092, a person commits cruelty to a non-livestock animal if they fail to provide necessary food, water, care, or shelter. The law also covers abandoning an animal, confining or transporting an animal in a cruel manner, injuring someone else’s animal, or overworking an animal. Abandoning a dog or cat in freezing temperatures without adequate food, water, or shelter violates this law.

Cruelty to a non-livestock animal is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. If the defendant has two or more previous convictions, a third offense becomes a state jail felony. This carries up to 2 years in a state jail facility and a maximum $10,000 fine.

Unlawful Restraint of a Dog

Under Texas Health and Safety Code 821.077, a pet owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement when temperatures dip below 32 degrees. This law also applies during heat advisories, tornado warnings, hurricanes, and tropical storms.

Unlawful restraint of a dog is a Class C misdemeanor, punishable by a $500 fine. If the owner has a previous conviction, it elevates to a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.

City Ordinance Violations

Many Texas cities have a “zero tolerance” policy when it comes to protecting pets and have enacted specific ordinances. For example, in San Antonio, pet owners must provide suitable shelters for a pet (including walls, a roof, and an elevated floor) or face a $300 fine.

Riggs stays cozy under the covers. (Credit: VS Office Manager Bresha Shepherd)

What Happened to Pets During the 2021 Texas Snowstorm?

In 2021, Texans endured what is commonly referred to as Snowmageddon, the great Texas snowstorm of 2021. More than 246 people died in that February storm, which took down much of the state’s power grid. Pets were also among the casualties.

In Houston, six dogs (one of which was dead) were discovered abandoned outside an auto shop where temperatures had dropped below freezing. According to local news KHOU, authorities responded to a call and found five dogs still alive outside the auto shop but no sign of the pets’ owners. The temperature outside was 18 degrees when the surviving dogs were rescued. A sixth dog was found dead, partially covered in snow.

In Harris County, a dog owner was arrested after leaving eight dogs outside in freezing temperatures for days without shelter access. The dogs were discovered after a report was made to the Harris County Animal Cruelty Taskforce.

In Grapeland, local police responded to a home after a tip came in about possible animal cruelty. When they arrived, they found four horses, four living dogs, and one dog that had frozen to death. The dead dog was found in a wire cage in the backyard. The four living dogs were found chained outside, covered in ice without shelter.

This is Jetson when there’s snow outside. (Credit: Varghese Summersett Chief Content Officer Melody Lanier)

What Are the Penalties for Animal Cruelty in Texas?

The punishment for leaving a pet outside in dangerous conditions depends on the specific charge and whether you have prior convictions. Here’s what you could face:

Offense	Classification	Potential Jail Time	Maximum Fine
Cruelty to Non-Livestock Animal (1st Offense)	Class A Misdemeanor	Up to 1 year	$4,000
Cruelty to Non-Livestock Animal (3rd+ Offense)	State Jail Felony	Up to 2 years	$10,000
Unlawful Restraint of Dog (1st Offense)	Class C Misdemeanor	None	$500
Unlawful Restraint of Dog (2nd Offense)	Class B Misdemeanor	Up to 180 days	$2,000

Even a misdemeanor animal cruelty conviction can have lasting consequences beyond fines and jail time. It can affect employment opportunities, housing applications, and your reputation in the community. If you’re facing charges, talk to a criminal defense attorney as soon as possible to understand your options.

How Do Texas Courts Handle Animal Cruelty Cases?

Every animal cruelty case is different, and outcomes depend on the specific circumstances, the defendant’s criminal history, and the strength of the defense. At Varghese Summersett, our attorneys have helped clients facing animal cruelty allegations achieve favorable results.

For example, our attorneys secured a dismissal of an animal cruelty misdemeanor charge in July 2025. The client was facing potential jail time and fines, but our defense team was able to get the entire case dismissed.

In Denton County, an attorney on our team negotiated a 15-month deferred adjudication for a client charged with cruelty to a non-livestock animal. This outcome allowed the client to avoid a conviction on their record if they successfully completed the terms of their probation.

Disclaimer: Past case results do not guarantee future outcomes. Every case is unique and decided on its own facts.

What Are Some Tips for Protecting Pets in the Cold?

Here are some basic tips for keeping pets safe during winter weather:

• Bring pets indoors when the temperature drops. That’s the safest place for them.
• While many cities cannot accommodate pets in warming shelters, some make arrangements to ensure furry and feathered family members have accommodations at warming stations.
• Avoid shaving your pet’s fur during the winter months.
• Pets can get frostbite and hypothermia. Bundle up dogs in a sweater or put booties on their paws when going outside in cold weather. Wipe them down if they get wet.
• Avoid antifreeze and other chemicals used to melt ice, as they are toxic to pets.
• If you have outside pets such as horses or goats, make sure they have access to a barn or shelter. Ensure they have unfrozen water at all times and feed them more forage during extreme cold.

Huck and Gus are cozy in front of the fire. (Credit: Varghese Summersett Attorney Letty Martinez)

What Should You Do If You See a Pet Left Out in the Cold?

If you see a pet left in the cold or other extreme conditions without food or shelter, contact your local law enforcement or animal control agency. For non-emergency situations, complaints may also be filed online through the SPCA of Texas website. Quick action can save an animal’s life and potentially lead to charges against the responsible party.

Watch: What Constitutes Animal Cruelty in Texas?

Frequently Asked Questions About Leaving Pets Outside in Cold Weather

Can I leave my dog outside if I provide a doghouse?

A doghouse alone may not be enough if temperatures drop below 32 degrees. Under Texas law, you cannot leave a dog outside and unattended by use of a restraint when temperatures are below freezing, even with shelter. The shelter must also meet certain requirements, and the animal must have access to unfrozen water and adequate food.

What temperature is too cold to leave a dog outside in Texas?

Texas law specifically prohibits restraining a dog outdoors when temperatures fall below 32 degrees Fahrenheit. However, animal welfare experts recommend bringing pets inside whenever temperatures drop below 45 degrees, especially for short-haired breeds, puppies, or senior dogs.

Can I be arrested for leaving my pet outside in the cold?

Yes. While a first offense of unlawful restraint is typically a Class C misdemeanor with only a fine, animal cruelty charges can result in arrest. If your actions result in serious injury or death to the animal, or if you have prior convictions, you could face felony charges and jail time.

What’s the difference between animal cruelty and unlawful restraint of a dog?

Unlawful restraint of a dog (Texas Health and Safety Code 821.077) specifically addresses leaving a dog restrained outdoors during extreme weather and is generally a Class C misdemeanor. Animal cruelty (Texas Penal Code 42.092) is broader, covering any failure to provide necessary care, and carries harsher penalties including potential jail time.

How do I report animal cruelty in Texas?

Contact your local law enforcement or animal control agency immediately. In emergencies, call 911. You can also file complaints with your local SPCA or humane society. Many cities have dedicated animal cruelty task forces that investigate reports.

Facing Animal Cruelty Charges in Texas?

Leaving a dog outside in frigid temperatures will definitely land you in the doghouse and quite possibly, behind bars. While Texas law makes it illegal to leave pets outside in snow or cold in many situations, not every case crosses the line to criminal animal cruelty. The circumstances matter, and an experienced criminal defense attorney can evaluate your case and fight for the best possible outcome.

At Varghese Summersett, our team includes board-certified criminal law specialists with decades of courtroom experience. We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients. If you or a loved one is facing an animal cruelty charge, call 817-203-2220 for a free consultation.