[Moderator's note: Debra also sent a MUCH longer alternate version should
I have room to post it, but this is a pretty full FML.  Her longer post
quoted much more law but was otherwise pretty similar to this post.  BIG]
 
I spent two days pondering this before responding even though I had the
appropriate code references at hand.  I hope I have diffused some of my
annoyance, but there is still a section where my sarcasm clearly comes
through.
 
>YOU CANNOT force a system to work when you cripple it as the OR
>rescue did.
 
Seems to me that this is as an emotional over-reaction as it purports the
message to which it responds to be.
 
>When you say the animals cannot be released for foster or care to another
>rescue- you are full of crap!  <snip>
>Maybe you have redneck ways in TX and feel the actions were appropriate
>but I would do some checking & rechecking- I know I will.  I will be in
>eastern TX in Nov.  and have some long-standing ties to the TX police
>community.  You bet I will look into your claims post haste and be happy
>to report back to this forum!  (I have already forwarded your post to my
>"friends" in TX law enforcement for clarification)
 
Well this is sure a fine way to win friends and influence people to
follow your suggestions.  Let's call them liars and rednecks and imply
criminal stupidity!  While we're at it let's paint a whole geographic
region/cultural group with the same brush!  Let's accuse them of being
overly emotional, given to hyperbole and irrational!  And finally, top
it off with a taunt of intent to go well out of one's way to disprove
another's comments.  That'll show 'em what's what and maybe heap on a
helping of humiliation while we're at it!
 
>IF you feel the laws or procedures are not adequate you NEED to get
>active in amending your local & state laws.  <snip>  The facts are the
>SYSTEM will not change UNTIL we work with it!  And we must for the good
>for the ferrets!
 
There is the useful meat of the message.  It's too bad that more time was
not spent offering suggestions on how to achieve a change at the state
law level or offering links to text of better animal cruelty laws that
might be used as a guide to create a proposal to present to legislators.
 
Now allow me to make the search for applicable Texas laws easier:
 
http://www.capitol.state.tx.us/statutes/he/he0082100toc.html
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS
SUBCHAPTER B. DISPOSITION OF CRUELLY TREATED ANIMALS
 
http://www.capitol.state.tx.us/statutes/pe/pe0004200toc.html
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
' 42.09. Cruelty to Animals
(a) A person commits an offense if the person intentionally or knowingly:
(1) tortures an animal;
(2) fails unreasonably to provide necessary food, care, or shelter for an
    animal in the person's custody;
(3) abandons unreasonably an animal in the person's custody;
(4) transports or confines an animal in a cruel manner;
(5) kills, seriously injures, or administers poison to an animal, other
    than cattle, horses, sheep, swine, or goats, belonging to another
    without legal authority or the owner's effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training or in dog coursing
    on a racetrack;
(8) trips a horse;
(9) injures an animal, other than cattle, horses, sheep, swine, or goats,
    belonging to another without legal authority or the owner's effective
    consent; or
(10) seriously overworks an animal.
 
http://www.capitol.state.tx.us/statutes/pe/pe0001200toc.html
Punishments defined for above offenses.
 
If you look closely you'll notice that there is no clear definition of
what constitutes adequate food, water, shelter and care.  The trend here
seems to be to define it in the most extremely minimal way possible.
I've had the issue about holding a hearing before releasing animals to
foster care presented as a problem in a completely different case that
the one Leanne mentioned (I have never met her, don't know her, my
location is coincidental).  While the law doesn't *specify* that
impoundment could NOT be in the care of foster homes, neither does
it specifically allow it.  I imagine it is really up to the judge.  If
you can get that far.  I've been involved in an attempt to address a
collecting/cruelty situation in which the proper authorities were
involved and every effort was made to cooperate with law enforcement and
follow legal procedure.  Because of the lack of specificity, the laws
were used to create a circular reasoning excuse to drop the complaint...
can't enter the building without a warrant and can't get specific enough
evidence to approach a judge for a warrant without entering the building.
All that resulted was an order to clean up the property and building
because it created an environmental issue and the person moved the
animals to an unknown (or at least unconfirmed) location preventing
further monitoring or action.  So my opinion is that what Leanne
described is not impossible under the law.  *LOTS* of room for
improvement.
 
Debra in Fort Worth
[Posted in FML issue 3929]