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(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. 992 (H.B. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. 219), Sec. A dog attack in a West San Antonio, Texas, residential neighborhood Friday afternoon has left an approximately 80-year-old man dead and a woman in critical condition, the city's fire department . Amended by Acts 1995, 74th Leg., ch. 99, Sec. (2) any other information that may help in locating the victim or animal. 822.011. Amended by Acts 1995, 74th Leg., ch. 530 (H.B. 96, Sec. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. 1, eff. function dm(msgStr) { May 5, 1995. Acts 1989, 71st Leg., ch. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. (2) pays an annual registration fee of $50. Kennel Cough. 219), Sec. 2. 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. 822.003 by Acts 1997, 75th Leg., ch. 1 (S.B. 1002, Sec. 1, eff. 1, eff. 219), Sec. Biting animal to be confined; veterinarian to report. (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. 1 (S.B. Renumbered from Health & Safety Code Sec. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. 3, eff. (b) The suit shall be brought in a district court in the county in which the facility is located. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. } (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. 678, Sec. //-->. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. (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. Sec. September 1, 2007. (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. 678, Sec. 1, 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. 822.116. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 822.033 and amended by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; Acts 1989, 71st Leg., ch. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; Acts 2015, 84th Leg., R.S., Ch. 826.041. 3.1611, eff. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 826.052. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. (5) "Owner" means a person who owns or has custody or control of the dog. 1, Sec. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. 1, eff. Sec. Sec. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (5) the injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 1, eff. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. DEFINITIONS. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; The governing body of the municipality or county may prescribe the amount of the fees. To claim livestock, call the Low Risk Animal Control. 678, Sec. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. 2. Location: (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2001. 1 (S.B. 822.002 and amended by Acts 1997, 75th Leg., ch. 1 (S.B. ATTACK BY DOG. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 678, Sec. 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. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Acts 1989, 71st Leg., ch. Sept. 1, 1989. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. 530 (H.B. Sept. 1, 1989. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. 1 (S.B. 3.1624, eff. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. 1 (S.B. 219), Sec. Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. 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. CRIMINAL PENALTY. 1, eff. 3.1601, eff. And this is often the case if the assault is not severe. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . Acts 1989, 71st Leg., ch. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Sec. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. Acts 1989, 71st Leg., ch. Added by Acts 2003, 78th Leg., ch. 52 (H.B. Sec. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. 6, eff. Contact us. (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. 3.1616, eff. AREA RABIES QUARANTINE. September 1, 2015. 822.027. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. RULE 169.34. 219), Sec. (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. May 5, 1995. 822.0012. Amended by Acts 1995, 74th Leg., ch. Acts 1989, 71st Leg., ch. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. 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. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. LOCAL RABIES CONTROL PROGRAMS. (b) A person who violates this section commits an offense. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. (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. QUARANTINE OF ANIMALS. Acts 2015, 84th Leg., R.S., Ch. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. Sec. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. Amended by Acts 1995, 74th Leg., ch. In addition, Added by Acts 1999, 76th Leg., ch. and its subsequent amendments or the regulations adopted under that Act. May 5, 1995. (a) Except as otherwise provided by department rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by department rule. Sec. 822.012. The owner of the dogs now faces felony charges, police said. 1, eff. DEFENSES. 2283), Sec. // function that displays status bar message Fax: 903-526-0202. 678, Sec. Report an Animal Bite. Acts 2007, 80th Leg., R.S., Ch. (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. 3.1639(119), eff. (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or. Sept. 1, 1997. (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. Sec. (c) An offense under this section is a Class C misdemeanor. 2, eff. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. Sec. 1, eff. Acts 1989, 71st Leg., ch. Sec. Name Person is a dog trainer or an employee of a guard dog company. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. 822.113. 826.053. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 219), Sec. April 2, 2015. Sept. 1, 1989. 3.1605, eff. (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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. To report an animal bite of any kind, please call 311. 3.1639(121), eff. 44, Sec. 1, eff. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. Acts 2015, 84th Leg., R.S., Ch. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. // Acts 2021, 87th Leg., R.S., Ch. 1728), Sec. 822.046. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Acts 2015, 84th Leg., R.S., Ch. 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. Acts 1989, 71st 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. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. 1355), Sec. Sec. REGISTRATION TAGS AND CERTIFICATE. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. Oftentimes, the victim looks to sue for a dog bite. 826.054. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 3. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. 822.031. Acts 2015, 84th Leg., R.S., Ch. SHORT TITLE. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. (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. Dog Quarantine After Bite. (a) The fee collected for the registration of a dog shall be deposited to the credit of a special fund of the county and used only to: (1) defray the cost of administering this subchapter in the county, including the costs of registration and the identification tags; and. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. 219), Sec. (2) the program established by this chapter and the department rules adopted under this chapter. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 822.109. (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. 44, Sec. (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. 822.022. Sept. 1, 1989. 822.024. 1, eff. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. Sept. 1, 1989. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. 5.95(49), eff. (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. Stay up-to-date with how the law affects your life. NOTICE. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. (c) The commissioners court shall determine the amount and time of reimbursement. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. document.returnValue = true; (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. 826.018. 822.0421. September 1, 2007. window.status = msgStr; Does the Type of Animal Affect a Bite Injury Case? (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. 3.1613, eff. 1002, Sec. (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. 678, Sec. Sec. 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. 530 (H.B. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. 822.103. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? 1, eff. Sec. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. document.returnValue = false; 1, eff. 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. If any of these scenarios apply, a dog attack attorney can help you determine liability. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. 7-4.2 (a) Fails to microchip cat or dog. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. // texas dog bite law quarantine that displays status bar message Fax: 903-526-0202 Class C misdemeanor Marshall case, Paul sued. Owner liability rule applies to bites and other types of injuries caused by dogs dog is or! Health and Safety Code ( chapter 8-26 ), it will be determined if the rabies was... 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