(5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. The governing body of the municipality or county may prescribe the amount of the fees. Acts 1989, 71st Leg., ch. Section 2131 et seq.) In most cases, the quarantine/observation may be in your home. 99, Sec. Sept. 1, 1997. document.returnValue = false; (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 1, eff. Rule 3701-3-29. 1 (S.B. April 2, 2015. The email address cannot be subscribed. (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. (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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 1426), Sec. The owner must place the tag on the dog's collar. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 822.025. Phone: 903-590-2840. 678, Sec. Oftentimes, the victim looks to sue for a dog bite. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. In addition, 822.004. (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. We will always provide free access to the current law. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. 1, eff. 822.0424. San . Sec. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sept. 1, 1989. (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 . Amended by Acts 1995, 74th Leg., ch. (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. 1436), Sec. 3. (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. VACCINATION OF DOGS AND CATS REQUIRED. (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. (a) Declaration. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 976 (S.B. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 1562), Sec. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. April 2, 2015. Sec. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. 678, Sec. There are further considerations following an attack. 219), Sec. Name Sec. 99, Sec. 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. April 2, 2015. (a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by: (2) ordinances or rules adopted under this chapter by a county or municipality. (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. 2, eff. 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 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. Section 2131 et seq.) 822.001. Biting animal to be confined; veterinarian to report. 1, eff. Health officials or a vet will monitor the animal for signs of rabies. 44, Sec. Sec. (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 man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. April 2, 2015. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. (c) A person commits an offense if the person distributes information that is confidential under this section. Texas State Law requires that owners of dogs, cats, and ferrets be vaccinated against rabies by four months of age and given a second inoculation against rabies one year later, then tri-annually thereafter (VTCA-Sec. 12, eff. (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. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Report an Animal Bite. 826.001. (Texas Civ 33.001). On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 822.112. 2283), Sec. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 678, Sec. 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. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. September 1, 2007. 822.116. It is kept quarantined until the clinical signs of rabies have resolved. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. (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. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. You can be held civilly or criminally liable. 14, eff. Sept. 1, 1997. (b) An offense under this section is a Class C misdemeanor. April 2, 2015. Statewide Quarantine. (2) pays an annual registration fee of $50. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. 219), Sec. Sept. 1, 1991. Criminal negligence or previously determined dangerous dog (Texas H&S 822.05): Attack by a dog determined to be dangerous (Texas H&S 822.044): Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sec. (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. Sec. 826.018. 1. April 2, 2015. 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. (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 . 826.021. LOCAL REGULATION OF DOGS. 1, 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. 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. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Acts 1989, 71st Leg., ch. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. Sept. 1, 1991. 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. 976 (S.B. June 18, 2005. September 1, 2007. April 2, 2015. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (2) the animal is required to be restrained under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. Acts 2015, 84th Leg., R.S., Ch. (d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. Sept. 1, 1991. (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. 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. Sept. 1, 1989. | Last updated May 10, 2019. 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. 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. Acts 1989, 71st Leg., ch. Sec. 530 (H.B. Sec. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. Acts 1989, 71st Leg., ch. Section 2131 et seq.) (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. Sept. 1, 1989. 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. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. window.status = msgStr; Section 42.092 of the Texas Penal Code. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. Sec. Search, Browse Law Notice of such order shall be given by publication . (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. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. 678, Sec. 1 (S.B. 3.1613, eff. 979, Sec. 3.1619, 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. (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. (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. 1, eff. 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. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 822.041. 822.105. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. The law . NOTICE. (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. 1, eff. 1 (S.B. April 2, 2015. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (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. 14.809, eff. (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. (3) any other person authorized to take possession of the dog. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. LOCAL REGULATION OF DANGEROUS DOGS. 1, eff. 99, Sec. Added by Acts 1991, 72nd Leg., ch. 1, eff. Animal Control Handbook. 44, Sec. (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. No anti-rabies prophylaxis is needed. 219), Sec. April 2, 2015. 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. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 1355), Sec. 219), Sec. Original Source: 1. (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. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. If the domestic animal is showing clinical signs consistent with rabies . 7-4.2 (a) Fails to microchip cat or dog. 2, eff. 1002, Sec. April 2, 2015. (a) The court, on receiving a report of an incident under Section 822.0422 or on application under Section 822.042(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with Section 822.042. April 2, 2015.
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