Berg Foster Life - Animal Rescue
Share
One of the biggest myths we hear in animal welfare is, “Texas state law requires every stray dog to be held for three days.”
It doesn’t.
Texas does not have a statewide law that says every stray dog must be held for three days. Instead, Texas law allows cities and counties to establish their own ordinances and rules for the impoundment and disposition of stray dogs and cats, including how long they must be held before ownership can be transferred or another disposition is made. That means the required stray hold can vary depending on where the animal is found. It may also vary based on factors such as whether the animal has a registered microchip or other identification.
We also see people tell finders that if they keep a dog for a certain number of days, it automatically becomes theirs.
That isn’t how Texas law works.
Texas does not have a “finders keepers” law that automatically transfers ownership of a found dog to the person who found it after a certain amount of time. Simply finding a dog, keeping it, or giving it to someone else does not make you—or the person you gave it to—the legal owner.
If you find a stray and want to keep it, the right thing to do is report it to your local animal control or municipal shelter, have it scanned for a microchip, make reasonable efforts to locate the owner, and follow your local jurisdiction’s procedures. If the animal goes unclaimed after the applicable local stray hold and legal process, you may then have the opportunity to adopt it.
Before telling someone, “Texas law says three days,” make sure you’re looking at the correct law. Texas allows local governments to establish their own stray hold requirements, which is why they differ from one city or county to another. There is no statewide three-day stray hold, and there is no “finders keepers” law that automatically makes a finder the legal owner of a stray.
One final note: this post is about Texas. Every state has its own laws regarding stray animals, impoundment, and ownership. Before citing “state law,” make sure you’re looking at the laws for the correct state.