669 (H.B. Added by Acts 2001, 77th Leg., ch. (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. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. 1, eff. Sept. 1, 1989. Location: Sec. } DEFINITIONS. 822.0012. 76, Sec. and its subsequent amendments, a clear and legible photocopy of the license. 99, Sec. (last accessed Jun. entrepreneurship, were lowering the cost of legal services and If the domestic animal is showing clinical signs consistent with rabies . If your dog bites someone, whether on your property or not, you are liable.". Acts 2015, 84th Leg., R.S., Ch. June 15, 2007. 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. 678, Sec. (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. April 2, 2015. Sec. Sec. Sec. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (5) "Owner" means a person who owns or has custody or control of the dog. (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. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. REGISTRATION TAGS AND CERTIFICATE. 11, eff. (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. (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. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. (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. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. Sept. 1, 1991. 822.104. LOCAL REGULATION OF DANGEROUS DOGS. 826.024. Amended by Acts 2001, 77th Leg., ch. 8, eff. (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. (Texas Civ 33.001). June 15, 2007. The governing body of the municipality or county may prescribe the amount of the fees. 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. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. (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. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. (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. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. RESTRAINT; CRIMINAL PENALTY. 99, Sec. 1002, Sec. Acts 2021, 87th Leg., R.S., Ch. April 2, 2015. 8, eff. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): if (document.images) { 822.011 and amended by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 678, Sec. 822.0421. Added by Acts 1997, 75th Leg., ch. 14.810, eff. 822.024. 319), Sec. (2) has fastened about its neck a dog identification tag issued by the county. 1 (S.B. 822.011. 686 (H.B. Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 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. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. 1, eff. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. 1, eff. 1355), Sec. 1, eff. April 2, 2015. (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. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). 3, eff. 822.101. April 2, 2015. DEFENSES. 826.041. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. 219), Sec. 826.0311. (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. (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. 3.1601, eff. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. May 17, 1999. COUNTIES MAY ADOPT ORDINANCES AND RULES. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (1) the name and address of the victim and of the animal's owner, if known; and. April 2, 2015. 1 (S.B. 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. (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. Amended by Acts 1995, 74th Leg., ch. 44, Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 2, eff. Stay up-to-date with how the law affects your life. Biting animal to be confined; veterinarian to report. Sept. 1, 1989. Sec. 1 (S.B. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 3.1610, eff. 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). Added by Acts 1995, 74th Leg., ch. April 2, 2015. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). 3.1621, eff. (b) A dog or cat may not be subject to dual registration. Report an Animal Bite. September 1, 2017. 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. The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. 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. April 2, 2015. 822.004. 678, Sec. 992 (H.B. 3.1622, eff. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. Name (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. QUARANTINE; CRIMINAL PENALTY. April 2, 2015. ATTACK BY DANGEROUS DOG. 1, eff. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 822.001. 3.1639(121), eff. Acts 2015, 84th Leg., R.S., Ch. In most cases, the quarantine/observation may be in your home. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 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. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. Aug. 28, 1995. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. Sept. 1, 2003. 1, eff. April 2, 2015. 1 (S.B. 1436), Sec. 530 (H.B. Sec. 2, eff. 3340), Sec. Acts 2015, 84th Leg., R.S., Ch. Dog Quarantine After Bite. (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. Rabies is a deadly virus with elevated levels in central Texas. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office. (b) The animal control 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. 669 (H.B. 826.022. 2, eff. 2026), Sec. 1 (S.B. An offense under this subsection is punishable by a fine of not more than $100. The email address cannot be subscribed. Sec. Sec. (c) The commissioners court shall determine the amount and time of reimbursement. (b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law. May 5, 1995. Does the Type of Animal Affect a Bite Injury Case? Amended by Acts 1995, 74th Leg., ch. April 2, 2015. May 5, 1995. (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. MINIMUM STANDARDS FOR RABIES CONTROL. Acts 1989, 71st Leg., ch. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; (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. CIVIL PENALTY. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. Sec. Sept. 1, 1989. RELOCATION OR DISPOSITION OF ANIMAL. (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. Amended by Acts 1995, 74th Leg., ch. 822.003. 1420, Sec. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. 2, eff. 1 (S.B. The log must: (3) describe the type or nature of treatment; and. 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. 1, Sec. Added by Acts 2003, 78th Leg., ch. (c) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. Sec. 1235 (H.B. (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. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. Acts 1989, 71st Leg., ch. ATTACK BY DOG. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; The law . 3.1619, eff. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 3.1623, eff. 219), Sec. (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. 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. Amended by Acts 1995, 74th Leg., ch. 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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Sec. 7, 2021). (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. Section 2131 et seq.) (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. 96, Sec. (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. Sec. Penal Code 398 (2022).) function dm(msgStr) { The owner must place the tag on the dog's collar. Amended by Acts 2001, 77th Leg., ch. 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. 219), Sec. 826.016. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. REGISTRATION; CRIMINAL PENALTY. 822.002. // function that displays status bar message (b) A jurisdiction may not be subject to dual restraint ordinances or rules. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. Fax: 903-526-0202. 3.1607, eff. 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. Sec. Sept. 1, 1989. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Acts 2005, 79th Leg., Ch. Sec. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . (b) This subchapter does not require a municipality that does not have an animal control office to create that office. Sec. 822.0011. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". 822.012. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 976 (S.B. 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. 2, eff. INJUNCTION. VACCINATION; CRIMINAL PENALTY. 686 (H.B. 1, eff. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. (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. 678, Sec. INSPECTION. Sec. Sept. 1, 2001. 6-231). 916, 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. 826.015. Acts 2015, 84th Leg., R.S., Ch. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. 822.0424. September 1, 2015. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. 1436), Sec. 1, eff. 2. Texas. 44, Sec. (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. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. (E) in conformance with the requirements for enclosures established by the local animal control authority. A few days later, the shelter reported that they had received positive test results. Notice of such order shall be given by publication . POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. Acts 1989, 71st Leg., ch. 3.1598, eff. April 2, 2015. HEARING. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. Sec. | Last updated May 10, 2019. Sec. 5, eff. CERTIFICATE OF REGISTRATION APPLICATION. (b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in this state unless the person is: (1) licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine; or. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. INSPECTIONS. If any of these scenarios apply, a dog attack attorney can help you determine liability. April 2, 2015. 822.029. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. Is punishable by a fine of not more than 7,000 signatures of its 7,500 goal leash, pull them.! 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