Texas 2025 - 89th Regular

Texas House Bill HB 4777

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to liability for the loss, injury, or death of a domestic animal.

Summary

HB 4777 would create a new Chapter 87A in the Civil Practice and Remedies Code establishing a specific civil liability framework for kennels, animal shelters, and certain governmental units that own or operate them when a domestic animal is lost, injured, or dies while in their care. The bill defines key terms such as domestic animal, kennel, nonprofit kennel, for-profit kennel, pet owner, and animal shelter, and then sets different liability standards depending on the type of facility involved. For-profit kennels would be liable when negligence, gross negligence, or intentional conduct contributes to the loss, injury, or death; nonprofit kennels would be liable under a proximate-cause standard; animal shelters would face liability only on clear and convincing proof of gross negligence or intentional conduct; and governmental units would be liable only for gross negligence or intentional conduct, subject to the Texas Tort Claims Act limits in Chapter 101. The bill also creates defenses, evidentiary rules, and a detailed damages scheme. A kennel or shelter could avoid liability by showing the harm was proximately caused by a preexisting health condition that the owner disclosed. Claimants would be allowed to prove causation without expert veterinary testimony, and compliance with licensing or regulatory standards would generally not be admissible unless noncompliance is specifically alleged and relevant. Recoverable damages include market value or purchase-price-based amounts for a lost or deceased animal, veterinary expenses, medical expenses of the owner, pain and suffering of the animal, and several categories of noneconomic damages for the owner, including mental anguish and loss of companionship. The bill also authorizes statutory damages in certain fire-related or mass-loss situations, exemplary damages for gross negligence or intentional conduct, attorney's fees in some cases, and annual inflation adjustments to dollar limits beginning in 2025. HB 4777 would significantly expand and clarify civil remedies available to pet owners in Texas and would likely increase legal exposure for commercial kennels and, to a lesser extent, shelters and public facilities. It would also limit some defenses and make it easier for claimants to reach trial by allowing circumstantial evidence and prohibiting dismissal solely for lack of expert testimony. The bill expressly preserves other causes of action, such as breach of contract and deceptive trade practice claims, and directs courts to construe the chapter liberally in favor of domestic animal protection and pet-owner rights. The available context shows no committee transcript or recorded votes, and the bill was left pending in the House Judiciary & Civil Jurisprudence Committee on April 24, 2025. Because there is no recorded floor debate or vote history in the provided materials, the overall sentiment cannot be measured from formal votes, but the bill’s text suggests a strong pro-pet-owner policy orientation. Its structure indicates an intent to respond to concerns about animal loss or injury in boarding and shelter settings by creating clearer liability standards and broader damages. The main points of contention likely involve the breadth of damages, especially noneconomic damages such as mental anguish and loss of companionship, the rebuttable presumption favoring mental anguish damages, and the bill’s allowance of exemplary and statutory damages. Kennels, shelters, and governmental operators may object to the expanded exposure, the reduced role of expert testimony, and the limited admissibility of regulatory compliance evidence. Nonprofit shelters may particularly focus on the bill’s liability rules and the circumstances under which exemplary damages are barred, while public entities may be concerned about how the new chapter interacts with sovereign immunity and Chapter 101 limits.

Impact

HB 4777 would add Chapter 87A to the Civil Practice and Remedies Code, creating a new statutory cause of action and damages framework for claims involving the loss, injury, or death of domestic animals in kennels and animal shelters. It would affect private kennels, nonprofit kennels, animal shelters, and governmental units that operate such facilities, while also preserving other legal remedies. The bill would expand recoverable damages, alter evidentiary rules, and set liability thresholds that vary by defendant type, thereby increasing potential civil exposure and shaping how pet-loss claims are litigated in Texas.

Sentiment

The provided record shows no committee testimony or votes, so there is no formal public sentiment data beyond the bill’s status. The bill was left pending in committee, which suggests it had not advanced to final consideration at the time of the last action. Based on the text alone, the measure appears strongly supportive of pet owners and animal welfare interests, with a clear policy choice to favor recovery for harm to domestic animals and their owners.

Contention

Likely areas of dispute are the bill’s expanded damages, including mental anguish, loss of companionship, statutory damages, and exemplary damages, as well as the rebuttable presumption of mental anguish and the rule allowing causation to be proven without expert veterinary testimony. Kennels and shelters may argue that these provisions increase litigation risk and costs, while nonprofit and governmental operators may object to the different liability standards and the interaction with immunity or liability limits. Supporters would likely emphasize accountability, consumer protection, and stronger remedies for negligent care of pets.

Companion Bills

No companion bills found.

Previously Filed As

TX H1521

Domestic Animals

TX HB1276

relative to the liability for death of a companion animal.

TX S1004

Domestic Animals

TX HB5207

To increase the protections for the welfare of domestic animals

TX HB1632

Relating to an exemption from sales and use taxes for animal food intended for consumption by domesticated animals.

TX HB3130

To increase the protections for the welfare of domestic animals

TX HB1046

AN ACT Relating to protecting the vulnerable by providing immunity from civil liability for damage to a motor vehicle arising from the rescue of vulnerable persons or domestic animals;

TX SB2710

Relating To Animals.

TX AB418

Revises provisions relating to animals. (BDR 20-849)

TX HB349

Relating to civil liability for removing certain individuals or animals from a motor vehicle.

Similar Bills

No similar bills found.