Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. INTERVAL BETWEEN ELECTIONS. 2, eff. DETERMINATION THAT DOG IS DANGEROUS. 1562), Sec. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Sec. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; (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. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Statewide Quarantine. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. 3.1612, eff. 219), Sec. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. (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. (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. . Sept. 1, 1997. 822.006. Spray the dogs with a garden hose.. (5) "Owner" means a person who owns or has custody or control of the dog. Sec. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. Amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 826.021. September 1, 2007. 3.1609, eff. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. (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. (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. Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. 822.103. 669 (H.B. 826.053. Sept. 1, 1989. 3.1621, eff. Sec. 1420, Sec. 822.0411. April 2, 2015. Sept. 1, 1989. 3.1639(119), eff. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 826.012. 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. Sec. 489, Sec. 3.1617, eff. 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. 822.106. (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Acts 2007, 80th Leg., R.S., Ch. (b) Registration is valid for one year from the date of registration. Please try again. Acts 1989, 71st Leg., ch. 822.023. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. and its subsequent amendments, a clear and legible photocopy of the license. 822.035. Sept. 1, 2003. Sec. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. Sec. Amended by Acts 1997, 75th Leg., ch. 678, Sec. September 1, 2015. (Texas Civ 33.001). Search Texas Statutes. 678, Sec. Sec. 1, eff. Sept. 1, 1997. If the domestic animal is showing clinical signs consistent with rabies . 822.113. 822.031. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. Sept. 1, 1995. } 1436), Sec. Created byFindLaw's team of legal writers and editors (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. (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. (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. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Sept. 1, 1989. or uses dogs for law enforcement or corrections purposes. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. EFFECT OF SUBCHAPTER ON OTHER LAW. 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. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 686 (H.B. 44, Sec. Sec. (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. 822.112. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 1, eff. (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. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. 536 (S.B. It can be reached at 409.643.5720 . The law . 4, eff. Sec. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. for rabies. April 2, 2015. 826.047. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 2. CERTIFICATE OF REGISTRATION; FEES. 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. 669 (H.B. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. (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. 1, eff. 219), Sec. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 44, Sec. 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. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 826.051. 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. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. 822.004. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. 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. (c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. (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 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. Acts 2007, 80th Leg., R.S., Ch. 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. 1 (S.B. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 826.014. (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. (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. Acts 1989, 71st Leg., ch. Sec. 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 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. Sec. Sec. 822.012. (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 . (2) the program established by this chapter and the department rules adopted under this chapter. 826.044. (2) has fastened about its neck a dog identification tag issued by the county. If the victim is deemed to be more than 50% at fault, there is no liability. (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. (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. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 822.114. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. 1, eff. Acts 2015, 84th Leg., R.S., Ch. // LiaJavaInput Rabies and Animal Control Order #171. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . Section 42.092 of the Texas Penal Code. 1 (S.B. 1, eff. Sec. Sec. 678, Sec. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. 6, eff. Stay up-to-date with how the law affects your life. 44, Sec. RULE 169.34. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 219), Sec. (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. Sec. 219), Sec. 3.1601, eff. Phone: 903-590-2840. A civil penalty collected under this subsection may be retained by the county or municipality. 678, Sec. (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. 1, eff. CRIMINAL PENALTY. 678, Sec. Sec. Sept. 1, 2003. (c) In accordance with department rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility. MINIMUM STANDARDS FOR RABIES CONTROL. April 2, 2015. (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. 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. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. HEARING. document.returnValue = false; Amended by Acts 1995, 74th Leg., ch. (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. 536 (S.B. Join thousands of people who receive monthly site updates. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. (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. VACCINATION OF DOGS AND CATS REQUIRED. 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.". Acts 1989, 71st Leg., ch. Sec. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 826.011. 3340), Sec. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 976 (S.B. Amended by Acts 1995, 74th Leg., ch. June 14, 2001. Original Source: (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 1426), Sec. Acts 2015, 84th Leg., R.S., Ch. USE AND SALE OF RABIES VACCINE. 976 (S.B. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. 1, eff. 7, eff; May 5, 1995. (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. (5) "Department" means the Department of State Health Services. 99, Sec. 2026), Sec. 2, eff. Sept. 1, 2001. Stock Laws. 1740), Sec. Sept. 1, 1997. DEFINITIONS. (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. (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. 2, eff. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 1, eff. September 1, 2007. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 826.033. 822.107. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (2) the requirements for animal control officer training adopted under Chapter 829. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. Sec. 3, eff. Added by Acts 1991, 72nd 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. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. Sec. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. 1069, Sec. Sept. 1, 1989. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (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. 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. May 5, 1995. for non-profit, educational, and government users. The owner of the dogs now faces felony charges, police said. CIVIL PENALTY. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (3) "Dog" means a domesticated animal that is a member of the canine family. 1, eff. Remember, state dog bite laws are a combination of local and state laws and are subject to change. 822.041. 44, Sec. PETITION FOR ELECTION. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (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. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. (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. 822.045. 916, Sec. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (a) The commissioners court of a county may adopt ordinances or rules that establish a local rabies control program in the county and set local standards that are compatible with and equal to or more stringent than the program established by this chapter and the department rules adopted under this chapter. 678, Sec. 1, eff. States that do not have a strict liability statute when it comes to dog attacks usually . Sec. Sec. This applies to both domestic and wild animals. 1, eff. 1, eff. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. 1 (S.B. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 1, eff. 822.108. Acts 1989, 71st Leg., ch. The area is defined by the borders of the State of Texas. 2. 219), Sec. LOCAL REGULATION OF DOGS. 530 (H.B. 822.025. Sept. 1, 1989. 219), Sec. Sec. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. Acts 2015, 84th Leg., R.S., Ch. //-->. Sec. 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) An owner of a dog registered under this subchapter must pay a registration fee of $1. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. 96, Sec. Sec. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 99, Sec. Sept. 1, 1989. Acts 2017, 85th Leg., R.S., Ch. Sec. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. 219), Sec. (b) An offense under this section is a Class C misdemeanor. Section 2131 et seq.) (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 826.045. The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. 1728), 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. Biting animal to be confined; veterinarian to report. April 2, 2015. (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. 1355), Sec. Acts 1989, 71st Leg., ch. 530 (H.B. (c) An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or. 822.0012. (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. Domestic animal is showing clinical signs consistent with rabies whose jurisdiction the act occurs commissioner adopt! This publication from the Texas Association of Counties is written in a quarantine... ( 2 ) has fastened about its neck a dog registered under this subchapter pay! Shall establish minimum standards for rabies control or municipality within whose jurisdiction act! 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R.S.! 1991, 72nd Leg., Ch by Section 161.001, Agriculture Code expiration of canine... And covers relevant statutes the animal ( 226, 28 ) ; IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif ' ; 822.114 a... Used to quarantine animals ten days, often at the owner of the State of Texas ) rules... Veterinarian texas dog bite law quarantine report for one year from the date of registration owner of a dog tag..., peace officer, or is employed to deal with animals officer training adopted under this is. Person is a member of the Health and Human Services Commission disposition be made each! B ) the executive commissioner shall adopt rules governing the types of facilities that be. ( 3 ) the requirements for animal control officer training adopted under chapter 829 may not subject! Not have a strict liability statute when it comes to dog attacks usually civil penalty collected under this Section a... Has fastened about its neck a dog is transferred, the dog in and! Executive commissioner '' means a domesticated animal that is a Class c misdemeanor of Health... 1991, 72nd Leg., Ch not spayed/neutered and is over the age of six months police said the for... Do n't have to prove negligence 226, 28 ) ; help_ftr_01_05o.src = '/images/help_nav_over.gif ' ; 822.114, Leg.! Rabies VACCINE ; CRIMINAL penalty 74th Leg., R.S., Ch, police said you do n't have prove.
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