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. Statewide Quarantine. 1 (S.B. Sept. 1, 1989. Sec. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 1. Sec. LIABILITY INSURANCE. 1 (S.B. Sec. CONTRACTS. 826.016. DISPOSITION OF FEE. (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. 826.022. Sec. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. (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. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. 1235 (H.B. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 3. Acts 1989, 71st Leg., ch. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 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. QUARANTINE OF ANIMALS. Sec. Sec. } 44, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. Sec. 1, eff. Acts 1989, 71st Leg., ch. 1069, Sec. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be May 5, 1995. Sec. 678, Sec. SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". (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. Section 826.042 Quarantine of Animals, Sept. 1, 1989. This is the main section that was updated in the latest revision of Order 171. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. Officials say the dogs killed . (5) any other information the animal registration agency may require. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. Sec. CIVIL PENALTY. (3) any other person authorized to take possession of the dog. 2, eff. LOCAL REGULATION OF DOGS. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. (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. Sept. 1, 1991. Meeting with a lawyer can help you understand your options and how to best protect your rights. 822.047. Acts 1989, 71st Leg., ch. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 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). (b) A jurisdiction may not be subject to dual restraint ordinances or rules. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. Sept. 1, 1997. 1 (S.B. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. 44, Sec. (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. 1 (S.B. You can be held civilly or criminally liable. (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. April 2, 2015. 822.108. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. 822.006. (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. 822.110. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 826.051. (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. Section 2131 et seq.) Sec. Amended by Acts 1995, 74th Leg., ch. Sec. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. 3.1599, eff. 99, Sec. The law only applies to bites on a human, not on another dog. (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. Added by Acts 1997, 75th Leg., ch. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. (b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 826.055. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. 1, eff. 6-231). DETERMINATION THAT DOG IS DANGEROUS. Acts 2007, 80th Leg., R.S., Ch. 979, Sec. 822.0423. Amended by Acts 1995, 74th Leg., ch. 1, eff. Amended by Acts 1997, 75th Leg., ch. 822.001. Sept. 1, 1989. (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. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. September 1, 2007. This chapter may be cited as the Rabies Control Act of 1981. 99, Sec. April 2, 2015. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. 826.0211. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Search Texas Statutes. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . CERTIFICATE OF REGISTRATION APPLICATION. 5.95(49), eff. 822.041. Sept. 1, 1989. Acts 2007, 80th Leg., R.S., Ch. All rights reserved. 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. Sec. for non-profit, educational, and government users. 3.1611, eff. 1, eff. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; April 2, 2015. document.returnValue = false; (b) An offense under this section is a Class C misdemeanor. Acts 2015, 84th Leg., R.S., Ch. Sec. (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 county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. 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 . Sec. Health officials or a vet will monitor the animal for signs of rabies. Sec. Sept. 1, 2001. 44, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. Amended by Acts 1995, 74th Leg., ch. NOTICE. 1, eff. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. Sec. Acts 1989, 71st Leg., ch. Stock Laws. APPLICABILITY OF SUBCHAPTER. 219), Sec. 1, eff. (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. (E) in conformance with the requirements for enclosures established by the local animal control authority. 1, eff. Acts 1989, 71st Leg., ch. 1 (S.B. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. document.returnValue = true; 8, eff. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. 822.025. Animal Control Handbook. (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. Sec. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 826.025. (c) An applicant shall include with each application: (2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107; (3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed; (4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and. (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. 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? VIOLATIONS. (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. April 2, 2015. (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. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. Acts 2005, 79th Leg., Ch. (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. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. April 2, 2015. 219), Sec. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. REPORTS OF RABIES. (c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum. 1436), Sec. 822.026. PROVISION OF VACCINE AND SERUM. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. Sec. 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 . and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. 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. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. (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. 14, eff. (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. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. Sec. (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. 826.053. The email address cannot be subscribed. LOCAL REGULATION OF DANGEROUS DOGS. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 219), Sec. 3.1621, eff. 219), Sec. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. 1, eff. April 2, 2015. 1420, Sec. Acts 2015, 84th Leg., R.S., Ch. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Sec. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. 678, Sec. 822.001 and amended by Acts 1997, 75th Leg., ch. Sept. 1, 1997. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. (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. (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. (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. April 2, 2015. Sec. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. (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. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. The decision of the county court or county court at law may not be appealed. May 5, 1995. Copyright 2023, Thomson Reuters. (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. 219), Sec. 822.0012. Sept. 1, 1989. Please try again. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. April 2, 2015. Biting animal to be confined; veterinarian to report. 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. Texas. 1, eff. (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. (2) any other information that may help in locating the victim or animal. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. 1355), Sec. 826.013. (b) Notwithstanding the definition in Section 822.001(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. 1 (S.B. 822.042. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. (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. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. Sec. 1355), Sec. (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. September 1, 2015. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 1, eff. (b) An offense under this section is a Class C misdemeanor. Section 2131 et seq.) 822.027. 219), Sec. HEARING. (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. (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. 678, Sec. document.returnValue = true; Section 42.092 of the Texas Penal Code. May 5, 1995. 678, Sec. (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. 1436), Sec. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. (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. 1, eff. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. (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. 1002, Sec. 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.". APPLICATION TO CERTAIN PROPERTY. 678, Sec. DESTRUCTION OF DOG. Acts 2015, 84th Leg., R.S., Ch. 4, eff. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. Penal Code 398 (2022).) The veterinarian or local rabies control authority may bring suit to collect those costs. 14.809, eff. 678, Sec. One Bite Rule 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. Contact us. (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. 992 (H.B. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. 11, eff. |. 219), Sec. 3.1600, eff. 2, eff. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Acts 2015, 84th Leg., R.S., Ch. 822.103. (a) Declaration. (b) The suit shall be brought in a district court in the county in which the facility is located. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. Acts 2015, 84th Leg., R.S., Ch. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 1, eff. 99, Sec. QUARANTINE; CRIMINAL PENALTY. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. 44, Sec. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 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