(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. 826.024. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; 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. (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. 822.0012. 1, eff. September 1, 2007. Sec. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 219), Sec. September 1, 2015. The log must: (3) describe the type or nature of treatment; and. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. The fees collected under this section may be used only to administer and enforce this subchapter. September 1, 2007. 1 (S.B. Amended by Acts 1999, 76th Leg., ch. DESTRUCTION OF DOG. 1 (S.B. if (document.images) { // 96, Sec. (a) A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency. 2, eff. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 99, Sec. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 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. Sept. 1, 1989. document.returnValue = true; 1, eff. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. Texas. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 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. Sept. 1, 1997. INSPECTION. Acts 1989, 71st Leg., ch. 822.043. 1 (S.B. Your dog must receive boosters on a regular schedule to remain protected. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 219), Sec. 219), Sec. States that do not have a strict liability statute when it comes to dog attacks usually . 3.1620, eff. 1420, Sec. 916, Sec. 826.017. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. The area is defined by the borders of the State of Texas. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. 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.". DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. Added by Acts 2007, 80th Leg., R.S., Ch. (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) 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. Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. SUBCHAPTER B. 822.105. (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. 6, eff. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. 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). Sec. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. (T) any hybrid of an animal listed in this subdivision. Sept. 1, 1991. 916, Sec. Sept. 1, 1997. June 18, 2005. Acts 2015, 84th Leg., R.S., Ch. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. Acts 2007, 80th Leg., R.S., Ch. 822.0422. Acts 2015, 84th Leg., R.S., Ch. 678, Sec. When is a domestic dog, cat, or ferret placed in a 10-day confinement? and . (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. OFFENSE AND PENALTY. 219), Sec. 1, eff. 536 (S.B. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. Sept. 1, 1989. 3, eff. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. 1420, Sec. 219), Sec. 678, Sec. Sept. 1, 1997. we provide special support If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. Added by Acts 1989, 71st Leg., ch. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 1436), Sec. CIVIL PENALTY. (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. May 5, 1995. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. APPEAL. 3.1622, eff. Sept. 1, 1997. (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. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 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. (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) 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. 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. 1331 (S.B. (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. Sept. 1, 1989. Kennel Cough. (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. 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. April 2, 2015. 822.001 and amended by Acts 1997, 75th Leg., ch. 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. Acts 2007, 80th Leg., R.S., Ch. Section 2131 et seq.) Acts 2007, 80th Leg., R.S., Ch. (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. Sec. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. (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. and its subsequent amendments, a clear and legible photocopy of the license. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. June 15, 2007. Acts 1989, 71st Leg., ch. All rights reserved. 826.021, TAC-169.29, CD6-Sec. April 2, 2015. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 44, Sec. 3.1639(119), eff. REGISTRATION TAGS AND CERTIFICATE. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. In addition, 822.109. (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. and its subsequent amendments or the regulations adopted under that Act. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 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. 8, eff. 3.1639(119), eff. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 822.013. A civil penalty collected under this subsection may be retained by the county or municipality. function dmim(msgStr) { EFFECT OF SUBCHAPTER ON OTHER LAW. Rule 3701-3-29. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Sept. 1, 2001. 3.1614, eff. (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 1989, 71st Leg., ch. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. Sec. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. San . The law only applies to bites on a human, not on another dog. Sept. 1, 1989. 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. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. An offense under this subsection is punishable by a fine of not more than $100. (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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 822.028. Acts 2015, 84th Leg., R.S., Ch. 2, eff. Original Source: (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. 1, eff. 1, Sec. (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. 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. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (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. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous). Acts 1989, 71st Leg., ch. May 21, 2015. // The java used for navigation in the Public OM page Acts 1989, 71st Leg., ch. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. 76, Sec. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (b) The suit shall be brought in a district court in the county in which the facility is located. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 530 (H.B. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Sec. Texas State Law requires that rabies vaccines for animals must be administered by a licensed 1355), Sec. (2) any other information that may help in locating the victim or animal. PETITION FOR ELECTION. 99, Sec. 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? 822.004. Sept. 1, 1989. Sept. 1, 1989. RESTRAINT; CRIMINAL PENALTY. Section 42.092 of the Texas Penal Code. 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. (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. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Statewide Quarantine. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 678, Sec. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. 1002, Sec. SUBCHAPTER B. 44, Sec. 1 (S.B. (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. Sec. 1, eff. 822.047. 2, eff. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. Sec. Acts 2007, 80th Leg., R.S., Ch. for non-profit, educational, and government users. 1, eff. 822.046. Sec. (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. April 2, 2015. (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. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. 530 (H.B. Ramon Najera, an 81-year-old . (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. 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. REGISTRATION; CRIMINAL PENALTY. (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. 3.1609, eff. With this ruling Texas became a "one bite rule" state. 826.048. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . Confinement should be performed in coordination with public health authorities. 7, eff; May 5, 1995. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. 1, eff. 1, eff. Sept. 1, 1997. 1002, Sec. DOGS OR COYOTES THAT ATTACK ANIMALS. September 1, 2007. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. window.status = msgStr; Health officials or a vet will monitor the animal for signs of rabies. LOCAL RABIES CONTROL PROGRAMS. 1355), Sec. 319), Sec. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. 1 (S.B. (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 (document.images) {document.images[id].src=eval(name+".src"); } (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Amended by Acts 1995, 74th Leg., ch. 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. 3.1598, eff. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 1, eff. 822.026. 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