9, eff. (b) Notwithstanding the definition in Section 822.041(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. 2, eff. Sec. Sec. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 1, eff. (3) any other person authorized to take possession of the dog. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (b) Registration is valid for one year from the date of registration. 1, eff. 822.0421. Confinement should be performed in coordination with public health authorities. APPEAL. (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. 669 (H.B. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. DEFENSES. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. September 1, 2007. (1) Statewide quarantine. (C) does not otherwise adversely affect the overall welfare of the animal involved. 822.031. (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. document.returnValue = false; April 2, 2015. (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. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . September 1, 2007. Location: Renumbered from Health & Safety Code Sec. 822.116. 3, eff. (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. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (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. 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. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 822.028. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. INSPECTION. 822.102. The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. (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. // function that displays status bar message 6-231). 44, Sec. document.returnValue = true; 3.1613, eff. VACCINATION; CRIMINAL PENALTY. Acts 1989, 71st Leg., ch. 3.1599, eff. Visit our attorney directory to find a lawyer near you who can help. 1420, Sec. 826.052. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. Sept. 1, 1989. Sec. 678, Sec. //-->. September 1, 2007. (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. 1, eff. (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. 826.051. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. Acts 2015, 84th 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. 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. did notbite a human, the law mandates quarantine. 2, eff. 826.012. 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. (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. INSPECTIONS. 1, eff. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. (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. Sec. 44, Sec. Acts 1989, 71st 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. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 1069, Sec. 1. // The java used for navigation in the Public OM page 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. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. Acts 2015, 84th Leg., R.S., Ch. 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. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 3.1639(121), eff. 219), Sec. if (showMsg) { 826.048. Stock Laws. 826.011. 1 (S.B. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (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. 2, eff. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. LOCAL REGULATION OF DOGS. (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. June 14, 2001. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . 5, eff. 678, Sec. 1 (S.B. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. (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. 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. Amended by Acts 1995, 74th Leg., ch. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 219), Sec. Sec. Texas. 1 (S.B. Sec. The log must: (3) describe the type or nature of treatment; and. April 2, 2015. 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. 822.027. 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. Acts 2015, 84th Leg., R.S., Ch. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. June 15, 2007. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. (5) "Owner" means a person who owns or has custody or control of the dog. September 1, 2015. DISPLAY OF CERTIFICATE OF REGISTRATION. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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 . 826.025. 678, Sec. April 2, 2015. Meeting with a lawyer can help you understand your options and how to best protect your rights. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. 219), Sec. 1, eff. 916, Sec. 3.1621, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. 319), Sec. Sec. 1 (S.B. And this is often the case if the assault is not severe. 3.1639(121), eff. 826.047. 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 . Sept. 1, 1989. 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. 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. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 1, eff. In 2015, the dogs' owner was sentenced to five years in prison. QUARANTINE OF ANIMALS. One Bite Rule (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. 44, Sec. 219), Sec. Amended by Acts 1995, 74th Leg., ch. 3. The hearing must be held not later than the 10th day after the date on which the warrant is issued. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. The San Antonio attack was the first of two pit . (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. (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. Sec. April 2, 2015. 99, Sec. } Added by Acts 2017, 85th Leg., R.S., Ch. (2) are more stringent than restrictions provided by this subchapter. (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. Sec. CIVIL PENALTY. window.status = msgStr; (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. APPLICATION TO CERTAIN PROPERTY. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . // LiaJavaInput (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. The fees collected under this section may be used only to administer and enforce this subchapter. 822.103. 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