Found this in the "Ask the Lawyers" section
TexasLawShield
Administrator
Newbie
*****
Posts: 858
View Profile Email
Re: Coverage if I shoot a dog
« Reply #2 on: November 18, 2014, 09:58:05 AM »
Quote
drdriller,
There is no general right to use force or deadly force against a dog that is attacking a human. The Texas Health & Safety Code has authorized the killing of a dog or coyote if it is attacking a domestic animal, livestock or fowl, but not a human. There is a self-defense provision contained in the cruelty to animal’s crime, but it only applies to attacks from "dangerous wild animals", however, dogs are not in this category. A person who is charged with a crime resulting from defending themselves or another, would have to rely on the defense of necessity, showing that to not commit a crime would actually result in a worse consequence. Such as, to not shoot an attacking dog would result in a mauled child. Keep in mind that if a person does use a firearm to kill a dog, that they could not only be charged with cruelty to animals, but also any of the gun crimes, i.e. display by a concealed license holder, disorderly conduct, deadly conduct, discharge in a municipality, or discharge in violation of municipal ordinance. Related to your specific circumstance, it would most likely be a question which would have to be decided by a judge or jury. TLS reviews each case on a case-by-case basis. In the situation you provided, barring other circumstances, this would be covered by TLS.