678, Sec. 822.0011. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. (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. 530 (H.B. 1 (S.B. Renumbered from Health & Safety Code Sec. Sec. 822.029. VIOLATIONS. } (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. 1 (S.B. 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. Sec. (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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. 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. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. ATTACK BY DANGEROUS DOG. A civil penalty collected under this subsection may be retained by the county or municipality. Sept. 1, 1997. Sept. 1, 1997. 1, eff. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. Section 826.042 Quarantine of Animals, 13, eff. 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. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow (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. 1436), Sec. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. 319), Sec. V.T.C.A., Health . (c) A person commits an offense if the person distributes information that is confidential under this section. LOCAL REGULATION OF DOGS. 822.031. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. 1. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). 822.113. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. 14.809, eff. 899 (H.B. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. Biting animal to be confined; veterinarian to report. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. 1002, Sec. Sept. 1, 1989. we provide special support (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. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. 1002, Sec. 678, Sec. Sec. 6, eff. 669 (H.B. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Acts 2015, 84th Leg., R.S., Ch. 826.013. 1 (S.B. 1 (S.B. Sec. 1, eff. 822.114. (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. (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. Acts 1989, 71st Leg., ch. 822.007. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2001, 77th 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 . 11, eff. Sec. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. 530 (H.B. (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. Acts 2015, 84th Leg., R.S., Ch. function dmim(msgStr) { DEFINITIONS. April 2, 2015. 822.011. 826.021, TAC-169.29, CD6-Sec. 219), Sec. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. 826.022. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. (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. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 826.033. Section 2131 et seq.) 5.95(49), eff. Section 2131 et seq.) (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. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. HEARING. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. 1, eff. Renumbered from Health & Safety Code Sec. Sept. 1, 1989. 1 (S.B. April 2, 2015. Sept. 1, 1989. 2, eff. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. if (document.images) {document.images[id].src=eval(name+".src"); } 826.042. 76, Sec. May 5, 1995. (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. Sept. 1, 1989. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. 3.1598, eff. Acts 2021, 87th Leg., R.S., Ch. 99, Sec. (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. 678, Sec. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. 219), Sec. (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. Sec. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Penal Code 398 (2022).) CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. Acts 2015, 84th Leg., R.S., Ch. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. 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. 536 (S.B. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. 678, Sec. 3.1639(121), eff. April 2, 2015. (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. Amended by Acts 1995, 74th Leg., ch. HEARING. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. States that do not have a strict liability statute when it comes to dog attacks usually . LIABILITY INSURANCE. (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. 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. (A) Biting dog, cat, or ferret. (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. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number The hearing must be held not later than the 10th day after the date on which the warrant is issued. Lawyers know that many Texas dog bites occur when an animal is threatened. Sept. 1, 1989. In addition, 219), Sec. 822.026. 44, Sec. 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. 822.105. (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. The governing body of the municipality or county may prescribe the amount of the fees. 826.046. Section 2131 et seq.) BALLOT PROPOSITION. (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. LIMITATION ON LIABILITY. 1 (S.B. 822.001. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 822.107. 3, eff. did notbite a human, the law mandates quarantine. Sept. 1, 1999. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 1, eff. 6, eff. 1, eff. 1 (S.B. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. Sec. 1, eff. 3.1619, eff. 1355), Sec. (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. 1, Sec. 1, eff. Renumbered from Health & Safety Code Sec. 826.024. June 18, 2005. (5) any other information the animal registration agency may require. 822.005. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Added by Acts 2001, 77th Leg., ch. AREA RABIES QUARANTINE. 1426), Sec. 3.1624, eff. (a) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. (b) An offense under this section is a Class C misdemeanor. (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. In the 15-year period of 2005 through 2019, canines killed 521 Americans. 219), Sec. The owner of the dogs now faces felony charges, police said. or uses dogs for law enforcement or corrections purposes. Meeting with a lawyer can help you understand your options and how to best protect your rights. (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. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. And this is often the case if the assault is not severe. Amended by Acts 1995, 74th Leg., ch. According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. Sec. (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. (a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by: (2) ordinances or rules adopted under this chapter by a county or municipality. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. Does the Type of Animal Affect a Bite Injury Case? Added by Acts 1997, 75th Leg., ch. } 822.002. (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. This applies to both domestic and wild animals. 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. Acts 1989, 71st Leg., ch. 4, eff. 1355), Sec. 822.012. Acts 1989, 71st Leg., ch. 822.006. Amended by Acts 1995, 74th Leg., ch. 219), Sec. | Last updated May 10, 2019. April 2, 2015. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. 916, Sec. (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. DISPOSITION OF FEE. 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. Acts 2005, 79th Leg., Ch. 822.042. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. 822.002 and amended by Acts 1997, 75th Leg., ch. (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. (c) An offense under this section is a Class C misdemeanor. (e) REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 1 (S.B. 3, eff. 822.024. 1, eff. 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. REGISTRATION. (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 (S.B. Acts 2005, 79th Leg., Ch. 99, Sec. 2283), Sec. 7, 2021). 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