REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (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. 916, Sec. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. 1, Sec. 1, eff. (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. Sec. VACCINATION OF DOGS AND CATS REQUIRED. (2) pays an annual registration fee of $50. Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. Sec. (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. 1355), Sec. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. 2. Penal Code 398 (2022).) 678, Sec. VACCINATION; CRIMINAL PENALTY. Amended by Acts 1995, 74th Leg., ch. 678, Sec. 3.1617, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. (b) An offense under this section is a Class C misdemeanor. 822.111. (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. Added by Acts 2017, 85th Leg., R.S., Ch. (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. 3.1609, eff. Sec. Sept. 1, 1989. (b) Registration is valid for one year from the date of registration. APPEAL. (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. 44, Sec. or uses dogs for law enforcement or corrections purposes. HEARING. 822.011 and amended by Acts 2003, 78th Leg., ch. (d) A suit or other proceeding may be brought against: (2) the parent, guardian, or other person legally responsible for the support of the recipient; or. (c) An offense under this section is a Class C misdemeanor. The governing body of the municipality or county may prescribe the amount of the fees. Sec. The law only applies to bites on a human, not on another dog. 1, eff. September 1, 2007. Sec. 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. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general 3.1618, eff. } 826.023. Oftentimes, the victim looks to sue for a dog bite. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. QUARANTINE; CRIMINAL PENALTY. (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. 826.015. (3) "Dog" means a domesticated animal that is a member of the canine family. April 2, 2015. 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. document.returnValue = true; 3.1615, eff. if (document.images) { 319), Sec. 7, eff. 826.002. 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. 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. HEARING. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. . Added by Acts 2007, 80th Leg., R.S., Ch. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. No anti-rabies prophylaxis is needed. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 822.030. (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. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 822.002. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. The law . | Last updated May 10, 2019. April 2, 2015. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (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. 3. 11, eff. MINIMUM STANDARDS FOR RABIES CONTROL. Acts 1989, 71st Leg., ch. 1, eff. (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. (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. 669 (H.B. If the victim is deemed to be more than 50% at fault, there is no liability. Sec. 3.1611, eff. September 1, 2005. Acts 1989, 71st Leg., ch. (c) A person commits an offense if the person distributes information that is confidential under this section. // LiaJavaInput Sec. Sec. and its subsequent amendments, a clear and legible photocopy of the license. Sept. 1, 2003. Amended by Acts 1995, 74th Leg., ch. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. 1, eff. Sec. (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. Sec. Sept. 1, 1989. 1, eff. Acts 2005, 79th Leg., Ch. It can be reached at 409.643.5720 . http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 Sept. 1, 1997; Acts 1999, 76th Leg., ch. window.status = msgStr; (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. PROVISION OF VACCINE AND SERUM. 822.001 and amended by Acts 1997, 75th Leg., ch. 678, Sec. (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. (A) Biting dog, cat, or ferret. (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. (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. Acts 1989, 71st Leg., ch. Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. Sec. 1 (S.B. 7-4.2 (a) Fails to microchip cat or dog. 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. Amended by Acts 1995, 74th Leg., ch. 1. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 219), Sec. Added by Acts 1991, 72nd Leg., ch. 976 (S.B. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. (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. 1 (S.B. 3.1639(119), eff. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. ELECTION RESULT. 1235 (H.B. 669 (H.B. One Bite Rule 1740), Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (T) any hybrid of an animal listed in this subdivision. May 17, 1999. 669 (H.B. 3.1599, eff. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. DETERMINATION THAT DOG IS DANGEROUS. 1, eff. (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. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. 3.1605, eff. June 14, 2001. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 219), Sec. Sept. 1, 1997. 1, eff. 1 (S.B. Sec. 822.0421. BALLOT PROPOSITION. Sec. 1, eff. 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. (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. September 1, 2015. 1, Sec. 678, Sec. 3.1610, eff. 1. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. (2) has fastened about its neck a dog identification tag issued by the county. Name (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. 3, eff. Rabies and Animal Control Order #171. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 1355), Sec. Contact us. DOGS OR COYOTES THAT ATTACK ANIMALS. 219), 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. April 2, 2015. There are further considerations following an attack. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. DEFINITIONS. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. (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. 822.115. Created byFindLaw's team of legal writers and editors 678, Sec. 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. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. September 1, 2015. Sept. 1, 1989. 826.0311. 826.014. Phone: 903-590-2840. (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. 916, Sec. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. San . (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. 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. A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. Sept. 1, 1989. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. (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. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. CONTRACTS. 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. 1355), Sec. September 1, 2007. Added by Acts 1999, 76th Leg., ch. 1728), Sec. 13, eff. (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. Sec. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. (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. 826.016. September 1, 2007. SUBCHAPTER B. (a) Except as otherwise provided by department rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by department rule. 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. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. Acts 2007, 80th Leg., R.S., Ch. (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. 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