To report an animal bite of any kind, please call 311. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. document.returnValue = true; Sec. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (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. Sec. (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. 219), Sec. Also, the dog's owner can sometimes choose not to have their dog put down. Sec. 1 (S.B. September 1, 2007. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. 6-231). Added by Acts 2015, 84th Leg., R.S., Ch. (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. 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. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. Firms, Animal Attack and Dog Bite Claim Resources. (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. Sept. 1, 1989. 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. Sept. 1, 1999. DETERMINATION THAT DOG IS DANGEROUS. This includes animals that already have their rabies shots. 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. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 219), Sec. (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. 3.1639(121), eff. Name April 2, 2015. 678, Sec. 14, eff. Acts 2015, 84th Leg., R.S., Ch. 822.006. 826.051. 826.044. Amended by Acts 1997, 75th Leg., ch. Phone: 903-590-2840. DOGS OR COYOTES THAT ATTACK ANIMALS. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. The veterinarian or local rabies control authority may bring suit to collect those costs. 3340), Sec. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 3.1608, eff. June 15, 2007. LIABILITY INSURANCE. 822.029. (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. (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. 669 (H.B. Contact us. 1728), 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. (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. Section 2131 et seq.) 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. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. REPORTS OF RABIES. September 1, 2007. 1355), Sec. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. if (document.images) { April 2, 2015. Sec. (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. 99, Sec. (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. (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. (b) A person who violates this section commits an offense. (1) Statewide quarantine. Sec. Added by Acts 1999, 76th Leg., ch. INSPECTIONS. (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. 822.001. 3.1599, eff. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. (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. 96, Sec. Sept. 1, 1997. 1 (S.B. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. 44, Sec. (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. } Sec. 2, eff. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. Sept. 1, 1997. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 3.1620, eff. Sec. Added by Acts 2003, 78th Leg., ch. 3, eff. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Sec. 530 (H.B. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 822.106. 44, Sec. (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. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. Report an Animal Bite. 678, Sec. Amended by Acts 1995, 74th Leg., ch. | More 4, eff. September 1, 2015. The owner shall pay any cost incurred in seizing the dog. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. Sec. 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. AREA RABIES QUARANTINE. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. QUARANTINE; CRIMINAL PENALTY. 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. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 1 (S.B. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. (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. VACCINATION; CRIMINAL PENALTY. 1, eff. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. 899 (H.B. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. (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. Visit our attorney directory to find a lawyer near you who can help. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. May 5, 1995. Remember, state dog bite laws are a combination of local and state laws and are subject to change. 99, Sec. (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. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. (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. In this chapter: (1) "Animal" means a warm-blooded animal. (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. SUBCHAPTER B. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. Sept. 1, 1997. (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. Acts 1989, 71st Leg., ch. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. 822.005. 1 (S.B. 7, eff; May 5, 1995. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (A) Biting dog, cat, or ferret. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 826.021. And this is often the case if the assault is not severe. REGISTRATION; CRIMINAL PENALTY. April 2, 2015. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 822.042. Added by Acts 2001, 77th Leg., ch. 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). 822.028. Rabies and Animal Control Order #171. 99, Sec. Sec. ATTACK BY DOG. Sec. 1, eff. (last accessed Jun. Added by Acts 2017, 85th Leg., R.S., Ch. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 1, eff. 44, Sec. DESTRUCTION OF DOG. 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. With this ruling Texas became a "one bite rule" state. Lawyers know that many Texas dog bites occur when an animal is threatened. 826.025. Sec. 916, Sec. . 6, eff. 1, eff. 1355), Sec. Sec. Acts 1989, 71st Leg., ch. Section 2131 et seq.) (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. 1, eff. 1, eff. |. This is the main section that was updated in the latest revision of Order 171. 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. 3.1639(119), eff. REGISTRATION. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 1, eff. (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. Acts 1989, 71st Leg., ch. September 1, 2007. Sept. 1, 2001. 7, eff. 826.054. (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. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. Search Texas Statutes. (2) are more stringent than restrictions provided by this subchapter. 1 (S.B. 3.1611, eff. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. Sec. Sec. window.status = msgStr; 1 (S.B. April 2, 2015. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 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) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. (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) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. The San Antonio attack was the first of two pit . 54, Sec. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. 822.002 and amended by Acts 1997, 75th Leg., ch. Section 2131 et seq.) 219), Sec. 822.003 by Acts 1997, 75th Leg., ch. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sec. April 2, 2015. Sec. . May 5, 1995. (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. if (showMsg) { (b) The animal control 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. 3, eff. USE AND SALE OF RABIES VACCINE. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. 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. (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. NOTICE. (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. (1) the name and address of the victim and of the animal's owner, if known; and. (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. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. (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. (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. Sec. 678, Sec. document.returnValue = true; (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, 2021). 2, eff. Amended by Acts 1997, 75th Leg., ch. DEFINITIONS. 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. Amended by Acts 1995, 74th Leg., ch. (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. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 2, eff. 44, Sec. 1, eff. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; April 2, 2015. 219), Sec. (b) Registration is valid for one year from the date of registration. SHORT TITLE. 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 . 7-4.2 (a) Fails to microchip cat or dog. Sec. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. 1, eff. Acts 2015, 84th Leg., R.S., Ch. The fees collected under this section may be used only to administer and enforce this subchapter. Search, Browse Law 1 (S.B. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. Sec. 826.0311. Penal Code 398 (2022).) (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. Acts 2007, 80th Leg., R.S., Ch. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. V.T.C.A., Health . (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. 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