Dog daycare, boarding deaths prompt push to protect pets from negligence under Texas law

Yahoo

5 days ago

AUSTIN (KXAN) — Texas lawmakers overwhelmingly supported an effort to protect pets from negligence, known as 'Pancho's Law.'
Pancho died in 2021 while under the care of a dog daycare business in Dallas. His family, Paul and Maria Mecca, have spent the last four years advocating for a change to Texas law that they believe will save other animals.
'My husband and I quickly learned there is a loophole in Texas law that allows pet service businesses to act with impunity by simply claiming negligence,' Maria told a Senate committee earlier this month. 'All they have to do is say 'I didn't mean to kill your dog.' No matter how egregious their actions may have been.'
House Bill 285 adds 'criminal negligence' to the Texas Penal Code as conduct that constitutes a criminal offense of cruelty to non-livestock animals.
The bill's author, Rep. Claudia Ordaz, D-El Paso, told her colleagues the goal is to provide families with a legal path to justice if their animal suffered harm because someone failed to use reasonable care.
'Under current law, families have limited recourse when their dogs or cats are injured due to such negligence. This bill seeks to ensure accountability and prevent those who act irresponsibly from endangering other pets in the future.'
For several years, KXAN investigators have fielded tips about dogs who passed away while in the care of boarding, grooming and training facilities. In many cases, no lawsuits are filed and few law enforcement records of the deaths exist, beyond initial reports.
When Brian Roby and Jordyn Hawkes lost their dog, Kali, last August, they said they quickly realized how few options they had.
'You know, what could we do? We could go to civil court and, 'Okay, your dog was worth $70. Here you go,'' Roby said, noting that pets are viewed as property under Texas law.
In August 2024, the couple planned their wedding and subsequent honeymoon out-of-state. They dropped Kali off to stay at an Austin-area boarding and daycare facility for part of that time. The facility's staff was supposed drop Kali off at Jordyn's father's house, where she'd stay for the rest of their trip, but she never made it home.
On the first day of their honeymoon, the newlyweds received a text alerting them that Kali had been rushed to an emergency veterinarian. KXAN investigators reviewed records from that medical provider, revealing Kali 'overheated in a daycare van.' She and another 3-year-old dog passed away.
Hawkes said through tears, when recounting that day, 'I just had this feeling like, she was right the whole time. She was right to be scared of the car.'
She added, 'I think the most shocking part of all this process has been just the lack of regulations that the state of Texas has [for the pet services industry].'
KXAN reached out to the facility in Kali's case, but it declined to comment.
'We were in the lobby of this hotel that we had just gotten married at the day before, and to have this, like, super high and this crushing low was…' Brian trailed off. He went on to say, 'The grief kept coming in waves. It still does, you know, randomly grab — grab a hold, and it's been tough.'
The couple began to connect with other families who have lost dogs and cats while in the care of pet services businesses — such as Katelyn Rohde.
Rohde lost Roland, who she refers to as her 'silly goose,' at a Texas dog daycare facility. Shortly after, she started a nonprofit in Roland's name, with the goal of raising awareness and pushing for change. She's worked with other experts and advocates to publish guides to help other pet owners, such as a Dog Daycare Evaluation Guide and the Roland & Friends Guide to Selecting and Finding a Dog Trainer.
'All this information is not intended to be like a black-and-white 'this is what you do,' but ultimately, for you to, kind of, think through what is most important for your dog — for your silly goose — so you can establish what is best for them in those situations,' she said.
Roland's Silly Goose Crew also launched a survey of pet owners', which showed 96% of respondents would be supportive or strongly supportive of Texas dog daycare facilities adopting more consistent safety, communication and transparency standards through regulation, voluntary safeguards or other measures.
'1% better is 1% better when you're starting from nothing,' Rohde said.
She said believes Pancho's Law is the first step.
As HB 285 worked through the legislative process, some people raised concerns about an exception in the law for veterinarians. A provision states that these medical professionals have a defense to prosecution for alleged conduct that occurs while performing their duties as licensed veterinarians or as a person assisting the veterinarian.
Some public commenters pushed back on that provision and asked lawmakers to hold medical professionals to the same standards as others under the law.
Ashley Morgan, with the Texas Humane Legislation Network, addressed these concerns in her testimony before a Senate committee, noting that people and veterinarians can still be prosecuted, particularly for knowing or intentional harm.
She told lawmakers that she sees the need for Pancho's Law regularly in her work as an attorney, when families come to her for help.
'I more often than not have to tell these people, 'There is nothing I can do for you,'' Morgan testified.
KXAN reached out to more than 20 pet service business owners and managers in the Austin area to get a sense of how they feel about the potential change, if the governor signs HB 285 into law.
The responses were mixed: a few raised concerns. One said, in part, 'While I am vehemently against any form of animal cruelty, at face value the threat of criminal prosecution for operating a kennel or grooming salon is nothing short of outrageous and would be a huge deterrent for these businesses to stay open.' They described thousands of owners of these facilities 'who often work 60+ hours a week, some just scraping by, and most of whom rely on the income of their business to live.'
Several business operators told KXAN they supported the law and welcomed more regulation in the industry to protect pets. One said, in part, 'Hopefully this bill will help hold 'bad apples' in the pet care industry— as well as individuals — accountable for mistreatment and generally negligent behavior. Caring for animals is a big responsibility and should be treated as such.'
Some facility operators were not aware of the proposal and said they would look into it; others declined to comment.
HB 285 passed the House of Representatives with 125 vote in favor and 5 votes against. It passed out of the Senate unanimously. The bill has been sent to the Gov. Greg Abbott for consideration. If he signs it into law, it would go into effect this September.
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