Acts 2015, 84th Leg., R.S., Ch. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. This includes animals that already have their rabies shots. Acts 1989, 71st Leg., ch. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. 826.0311. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. May 5, 1995. 3.1617, eff. (a) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. Acts 2015, 84th Leg., R.S., Ch. 14.810, eff. 1331 (S.B. 686 (H.B. Sec. 219), Sec. DOGS OR COYOTES THAT ATTACK ANIMALS. Acts 2015, 84th Leg., R.S., Ch. 12, eff. 99, Sec. Sec. 678, Sec. Sept. 1, 1999. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. Sept. 1, 2001. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. Amended by Acts 1997, 75th Leg., ch. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Sept. 1, 2003. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. The email address cannot be subscribed. 1 (S.B. 822.105. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 1 (S.B. Sec. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. If any of these scenarios apply, a dog attack attorney can help you determine liability. 1436), Sec. SUBCHAPTER A. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. 536 (S.B. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. DEFINITIONS. Amended by Acts 1995, 74th Leg., ch. VIOLATIONS. (b) An offense under this section is a Class C misdemeanor. Report an Animal Bite. 822.114. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. 6-231). Section 2131 et seq.) The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. No anti-rabies prophylaxis is needed. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. . 1, eff. and . 826.042. Sec. 1, eff. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. 822.0012. This chapter may be cited as the Rabies Control Act of 1981. April 2, 2015. 96, Sec. Sec. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. September 1, 2007. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 826.051. 1, eff. 219), Sec. 8, eff. 822.005. 1, eff. 76, Sec. Officials say the dogs killed . 1 (S.B. 2, eff. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. 6, eff. 219), Sec. 1, eff. 976 (S.B. Sept. 1, 1989. A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. 219), Sec. 1 (S.B. (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. REGISTRATION. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. 3, eff. 3, eff. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. 4, eff. 219), Sec. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. Amended by Acts 1995, 74th Leg., ch. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. Sept. 1, 1989. CERTIFICATE OF REGISTRATION; FEES. 1 (S.B. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. The governing body of the municipality or county may prescribe the amount of the fees. Sept. 1, 1997. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). 678, Sec. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 822.023. DISPOSITION OF FEE. 219), Sec. Sec. 5.95(49), eff. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. Acts 2015, 84th Leg., R.S., Ch. Please make sure your pets are vaccinated against this terrible disease. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. 822.0011. Acts 1989, 71st Leg., ch. 44, Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 1, eff. Section 42.092 of the Texas Penal Code. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): 99, Sec. Sec. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. INJUNCTION. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's . (3) any other person authorized to take possession of the dog. Added by Acts 1997, 75th Leg., ch. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1 (S.B. Stock Laws. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Added by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 219), Sec. (c) The local rabies control authority shall investigate a report filed under this section. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. 826.016. Acts 2015, 84th Leg., R.S., Ch. . (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. Acts 2015, 84th Leg., R.S., Ch. VACCINATION OF DOGS AND CATS REQUIRED. Health officials or a vet will monitor the animal for signs of rabies. Amended by Acts 1995, 74th Leg., ch. May 21, 2015. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. (c) The commissioners court shall determine the amount and time of reimbursement. 822.011. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. 1002, Sec. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. June 15, 2007. ATTACK BY DOG. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 822.012. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . (a) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. 678, Sec. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. April 2, 2015. Sec. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. 992 (H.B. Sec. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 2026), Sec. 1436), Sec. (2) the program established by this chapter and the department rules adopted under this chapter. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 44, Sec. 54, Sec. 219), Sec. Acts 1989, 71st Leg., ch. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. then by law it must be euthanized and tested. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. Added by Acts 2015, 84th Leg., R.S., Ch. 822.112. 826.021. September 1, 2017. June 14, 2001. 678, Sec. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. Sept. 1, 1989. Added by Acts 1991, 72nd Leg., ch. (d) A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law. (b) Municipal ordinances or rules adopted under this section supersede ordinances or rules adopted by the county in which the municipality is located, this chapter, and the department rules adopted under this chapter within that municipality so that multiple enforcement will not occur. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. 822.028. This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous). 3.1611, eff. (2) pays an annual registration fee of $50. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. 822.025. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. HEARING. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. Oftentimes, the victim looks to sue for a dog bite. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 1, eff. Acts 1989, 71st Leg., ch. San . April 2, 2015. DEFINITIONS. 1 (S.B. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. Sec. 822.007. 1 (S.B. 5, eff. 1, eff. Sec. Rule 3701-3-29. 1 (S.B. April 2, 2015. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 826.023. Added by Acts 2001, 77th Leg., ch. QUARANTINE; CRIMINAL PENALTY. 826.017. Added by Acts 2001, 77th Leg., ch. 3.1618, eff. 3.1598, eff. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. Amended by Acts 2001, 77th Leg., ch. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. Acts 2015, 84th Leg., R.S., Ch. Sec. } Amended by Acts 1995, 74th Leg., ch. 2, eff. Section 2131 et seq.) Acts 2007, 80th Leg., R.S., Ch. (b) An offense under this section is a Class C misdemeanor. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. (a) It shall be unlawful for any person owning or having in his possession any dog to allow such dog to be at large without the owner or person in charge thereof having direct physical control over such dog. 1426), Sec. 822.0411. 669, Sec. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 669 (H.B. 1, eff. 678, Sec. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. REGISTRATION; CRIMINAL PENALTY. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. 826.022. 678, Sec. 14, eff. 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