December 8, 2022 7:45 pm

Posted: 4.9.2013 20:08


100_2294Last week a resident on Sarah Deann Road in Splendora called the Splendora Police Department reporting an animal abuse case. When the Splendora Officer responded to the location he discovered two dogs, both in poor health . One of those two was near death.

The Splendora Officer immediately contacted Montgomery County Animal Control who also responded.

It was determined the only food the dogs had was a neighbor bringing food and leaving it. The owner of the brown dog which was showing ribs and was so bad could not raise its head was Allie Prejean and Joshua Sallee.

The dog which was in poor shape was determined to have been neglected as there was children’s play equipment around it indicating children had been in the area and should have been noticed by the supervising adult.

Montgomery County Precinct 4 Justice of the Peace James Metts. Issued a seizure warrant and the dogs were picked up by Montgomery County Animal Control.

The brown dog died a few days later and was sent to Texas A&M for autopsy. That dog was found very malnourished with a large presence of worms.

The Husky mix was determined to be underweight with worms and mange. She was checked by the Veterinarian at the Montgomery County Animal Shelter.

This morning Judge Metts held a hearing to determine the ownership and placement of the now one animal. Allie Prejean and Jacob Sallee appeared along with Animal Control Chief Tim Holifield. Joshua Sallee did not appear as ordered.

After hearing the evidence Judge Metts ordered the animals be put in the custody of the Montgomery County Animal Shelter.  In addition, he ordered a total of $500 to be paid for the vet bills and care up until today’s order.

Tim Holifield has now prepared charges of cruelty to animals to be presented to the Montgomery County District Attorneys Office. Holifield said the charges could be a misdemeanor or a State Jail Felony, depending on what the District Attorney determines.

As Holifield talked about the number of animals being abused and the number of animals coming into the shelter a woman came in with a shopping cart full of puppies. He said the past two weekends they responded to The Woodlands Mall with pets left in the vehicle in the summer heat. Temperatures of which could reach 140 degrees during the day.

He also commented on the number of animals chained to trees and porches for a lengthy period of time.

Texas law states

Chapter 821. Treatment and Disposition of Animals
Subchapter D. Unlawful Restraint of Dog

§ 821.076. Definitions

In this subchapter:

(1) “Collar” means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.

(2) “Owner” means a person who owns or has custody or control of a dog.

(3) “Properly fitted” means, with respect to a collar, a collar that measures the circumference of a dog’s neck plus at least one inch.

(4) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.


Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

§ 821.077. Unlawful Restraint of Dog

(a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement:

(1) between the hours of 10 p.m. and 6 a.m.;

(2) within 500 feet of the premises of a school; or

(3) in the case of extreme weather conditions, including conditions in which:

(A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit;

(B) a heat advisory has been issued by a local or state authority or jurisdiction; or

(C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(b) In this section, a restraint unreasonably limits a dog’s movement if the restraint:

(1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog;

(2) is a length shorter than the greater of:

(A) five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or

(B) 10 feet;

(3) is in an unsafe condition; or

(4) causes injury to the dog.


Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

§ 821.078. Exceptions

Section 821.077 does not apply to:

(1) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;

(2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction;

(3) a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;

(4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog;

(5) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or

(6) a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.


Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

§ 821.079. Penalty

(a) A person commits an offense if the person knowingly violates this subchapter.

(b) A peace officer or animal control officer who has probable cause to believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

(c) A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.

(d) A person commits an offense if the person violates this subchapter and previously has been convicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor.

(e) If a person fails to comply with this subchapter with respect to more than one dog, the person’s conduct with respect to each dog constitutes a separate offense.

(f) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

With 630 animals in the shelter only 75 were given homes on Tuesday.