(b) A person who violates this section commits an offense. 822.102. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. 96, Sec. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. September 1, 2005. Rabies is a deadly virus with elevated levels in central Texas. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. The email address cannot be subscribed. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. April 2, 2015. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. 1, eff. Sept. 1, 1989. Sec. An offense under this subsection is punishable by a fine of not more than $100. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. 1. 8, eff. 530 (H.B. Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1991. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. 1 (S.B. September 1, 2007. 822.013. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. April 2, 2015. If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. 822.103. Sec. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. And this is often the case if the assault is not severe. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. 1 (S.B. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 826.046. and . Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . April 2, 2015. (c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum. (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. (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. Sec. Sec. Firms, Animal Attack and Dog Bite Claim Resources. (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. 1, eff. Sec. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. Acts 1989, 71st Leg., ch. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Copyright 2023, Thomson Reuters. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. ATTACK BY DOG. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. 1426), Sec. 3.1599, eff. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. Does the Type of Animal Affect a Bite Injury Case? REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. 822.107. 826.048. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. Amended by Acts 1997, 75th Leg., ch. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. April 2, 2015. 2, eff. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. OFFENSE AND PENALTY. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. Sec. 1355), Sec. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. Fax: 903-526-0202. April 2, 2015. 3.1639(121), eff. Sec. May 5, 1995; Acts 2001, 77th Leg., ch. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. (b) Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. 1355), Sec. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. 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. Sec. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. 1, eff. 3.1615, eff. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. 44, Sec. 822.041. 1 (S.B. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 9, eff. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. 1, eff. 822.001 and amended by Acts 1997, 75th Leg., ch. 219), Sec. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. (a) Declaration. Search Texas Statutes. (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. Added by Acts 1997, 75th Leg., ch. 219), Sec. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. Join thousands of people who receive monthly site updates. 3.1616, eff. Sec. All rights reserved. 822.0424. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. Acts 2021, 87th Leg., R.S., Ch. SUBCHAPTER B. 1 (S.B. 678, Sec. (2) the program established by this chapter and the department rules adopted under this chapter. 5, eff. Sec. Texas. 99, Sec. 536 (S.B. September 1, 2017. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. 826.0211. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. 1436), Sec. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 219), Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. (a) If rabies is known to exist in an area, the department or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic. REGISTRATION. 76, Sec. The law . (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. Sept. 1, 1989. (A) Biting dog, cat, or ferret. 219), Sec. (2) has fastened about its neck a dog identification tag issued by the county. Section 42.092 of the Texas Penal Code. function dm(msgStr) { 1 (S.B. 3.1598, eff. Rule 3701-3-29. (f) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized search and rescue effort at the request of law enforcement. 1728), Sec. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. 822.011. 5, eff. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sec. Amended by Acts 1995, 74th Leg., ch. 1, eff. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. 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. A governmental entity or person that receives the information must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. Rabies and Animal Control Order #171. Sec. 3, eff. REGISTRATION TAGS AND CERTIFICATE. 678, Sec. 822.045. Confinement should be performed in coordination with public health authorities. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. 822.105. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Acts 2007, 80th Leg., R.S., Ch. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 6-231). Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 31, eff. 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. INJUNCTION. (b) An offense under this section is a Class C misdemeanor. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 44, Sec. This chapter may be cited as the Rabies Control Act of 1981. 826.017. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the executive commissioner. } (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. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (g) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized dog show or event sponsored by a nationally recognized or state-recognized kennel club. Sec. REGISTRATION; CRIMINAL PENALTY. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 678, Sec. 916, Sec. 1420, Sec. Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. 1, eff. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. Sept. 1, 1991. May 5, 1995. Sept. 1, 1995. The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. 3.1601, eff. Sec. REPORTS OF RABIES. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. April 2, 2015. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. Sec. 219), Sec. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. 1, eff. (5) "Department" means the Department of State Health Services. function dmim(msgStr) { (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Sec. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. 219), Sec. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. April 2, 2015. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. It can be reached at 409.643.5720 . V.T.C.A., Health . 3.1639(121), eff. 678, Sec. 2, eff. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. DEFENSE. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. DISPLAY OF CERTIFICATE OF REGISTRATION. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. Meeting with a lawyer can help you understand your options and how to best protect your rights. Animal Care Services is making an aggressive effort to address the problem of animal bites by talking to citizens and identifying where these animals live and to whom they belong. 822.046. Amended by Acts 1995, 74th Leg., ch. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be 1, eff. 13, eff. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). (1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret shall be quarantined under an order issued by the . Sec. Restraint; Criminal Penalty. 3.1623, eff. To claim livestock, call the Low Risk Animal Control. (C) does not otherwise adversely affect the overall welfare of the animal involved. Stay up-to-date with how the law affects your life. 1 (S.B. The fees collected under this section may be used only to administer and enforce this subchapter. 826.054. PROVISION OF VACCINE AND SERUM. (a) The governing body of a municipality and the commissioners court of a county may adopt ordinances or rules under Section 826.014 or 826.015 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. Sept. 1, 1989. (b) In accordance with department rules and eligibility standards, the department is entitled to be reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in providing the vaccine or serum. Sept. 1, 1989. 822.030. Acts 2007, 80th Leg., R.S., Ch. There are further considerations following an attack. May 5, 1995. 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