Acts 1989, 71st Leg., ch. 822.111. This applies to both domestic and wild animals. 99, Sec. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. September 1, 2015. Sec. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Sept. 1, 1991. 826.012. (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 . Sept. 1, 1989. 826.017. Sec. The decision of the county court or county court at law may not be appealed. Sec. LOCAL REGULATION OF DANGEROUS DOGS. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. 44, Sec. 686 (H.B. Sept. 1, 1999. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. Sept. 1, 1989. 822.013. Sec. 99, Sec. (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. (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 area is defined by the borders of the State of Texas. (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. if (showMsg) { 5, eff. 7, eff. 822.113. 822.004 and amended by Acts 1997, 75th Leg., ch. 3.1614, eff. 3.1624, eff. 1355), Sec. 3.1601, eff. SHORT TITLE. USE AND SALE OF RABIES VACCINE. Section 2131 et seq.) Sec. September 1, 2005. (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. 1, eff. The hearing must be held not later than the 10th day after the date on which the warrant is issued. 1 (S.B. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. Added by Acts 2007, 80th Leg., R.S., Ch. AREA RABIES QUARANTINE. (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. (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. 3.1611, eff. 2, eff. 916, Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; LIMITATION ON LIABILITY. 822.025. BALLOT PROPOSITION. Sec. QUARANTINE OF ANIMALS. Animal Care Services is making an aggressive effort to address the problem of animal bites by talking to citizens and identifying where these animals live and to whom they belong. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. 52 (H.B. Section 826.042 Quarantine of Animals, 219), Sec. Acts 2015, 84th Leg., R.S., Ch. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. Oftentimes, the victim looks to sue for a dog bite. Sec. 1, eff. Sec. Sec. 5.95(49), eff. 219), Sec. V.T.C.A., Health . 2, eff. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. Sept. 1, 1991. NOTICE. If any of these scenarios apply, a dog attack attorney can help you determine liability. 1, eff. (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. (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. Acts 1989, 71st Leg., ch. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. 1069, Sec. (b) The suit shall be brought in a district court in the county in which the facility is located. 319), Sec. Sept. 1, 1989. (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. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 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. Acts 2007, 80th Leg., R.S., Ch. April 2, 2015. Sec. Acts 2015, 84th Leg., R.S., Ch. A governmental entity or person that receives the information 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. (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. 1, eff. Sept. 1, 2001. 219), 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. 822.102. 219), Sec. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. CIVIL PENALTY. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. (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. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; (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. 826.042. Sept. 1, 1989. You can be held civilly or criminally liable. Sec. RULE 169.34. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1989. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Officials say the dogs killed . Amended by Acts 2001, 77th Leg., ch. (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. (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. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. 1. Amended by Acts 1995, 74th Leg., ch. 826.043. Sec. June 18, 2005. CERTIFICATE OF REGISTRATION; FEES. (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. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. 1, eff. document.returnValue = false; (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. April 2, 2015. Sec. 44, Sec. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. LIABILITY INSURANCE. 3.1602, eff. // REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Below you will find a list of dog bite laws in all 50 states and the District of Columbia, including state statutes, whether a state holds owners strictly liable for dog bite injuries, and any additional provisions. If the victim is deemed to be more than 50% at fault, there is no liability. 96, Sec. if (document.images) {document.images[id].src=eval(name+".src"); } (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. (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. 1420, Sec. (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. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 822.114. By Cuteness Team. In this chapter: (1) "Animal" means a warm-blooded animal. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. (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. 3.1612, eff. 44, Sec. Sec. Acts 1989, 71st Leg., ch. 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. 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. When is a domestic dog, cat, or ferret placed in a 10-day confinement? It is kept quarantined until the clinical signs of rabies have resolved. 14.810, eff. September 1, 2015. (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. (d) Except as provided by Subsection (e), the veterinarian or local rabies control authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. (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. 1 (S.B. DOGS OR COYOTES THAT ATTACK ANIMALS. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. (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. 1 (S.B. (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. 219), 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. 669 (H.B. 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. May 5, 1995. May 5, 1995. Sec. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 3.1616, eff. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. 822.047. APPLICABILITY OF SUBCHAPTER. (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. 1 (S.B. 822.003. entrepreneurship, were lowering the cost of legal services and We will always provide free access to the current law. (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. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. (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. 3.1639(121), eff. 669 (H.B. 3.1621, eff. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2001. States that do not have a strict liability statute when it comes to dog attacks usually . REGISTRATION; CRIMINAL PENALTY. (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. Sec. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. (c) An offense under this section is a Class C misdemeanor. Sept. 1, 2003. 3.1610, eff. The contracts or agreements may provide for payment by the state for materials, equipment, and services. Acts 1989, 71st Leg., ch. 822.104. OFFENSE AND PENALTY. Amended by Acts 1995, 74th Leg., ch. 826.031. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Sec. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Renumbered from Health & Safety Code Sec. 1, Sec. (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. (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. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. Acts 2015, 84th Leg., R.S., Ch. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (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. Acts 2005, 79th Leg., Ch. 1436), Sec. 1 (S.B. 3.1622, eff. Under certain conditions . The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. 916, Sec. 3.1618, eff. In 2015, the dogs' owner was sentenced to five years in prison. 822.108. If your dog bites someone, whether on your property or not, you are liable.". 678, Sec. 1, eff. (b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter. Added by Acts 1991, 72nd Leg., ch. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. April 2, 2015. 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. 678, Sec. (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. 822.023. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. April 2, 2015. 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. 1, eff. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. ELECTION RESULT. This chapter may be cited as the Rabies Control Act of 1981. Sec. Sept. 1, 1997. Section 2131 et seq.) Sec. An offense under this subsection is punishable by a fine of not more than $100. 219), Sec. 686 (H.B. May 5, 1995. Amended by Acts 1997, 75th Leg., ch. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. (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. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). September 1, 2017. 822.044. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. Sec. 1069, Sec. SUBCHAPTER B. COUNTIES MAY ADOPT ORDINANCES AND RULES. The law only applies to bites on a human, not on another dog. 1, eff. (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. Sept. 1, 1997. May 5, 1995. (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 owner shall pay any cost incurred in seizing the dog. Acts 2015, 84th Leg., R.S., Ch. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Sec. 1 (S.B. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. 826.015. The average cost per claim nationally has risen 39 percent from . 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): 1 (S.B. 678, Sec. Acts 2007, 80th Leg., R.S., Ch. 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 826.034. 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. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. 822.004. (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. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. Acts 2015, 84th Leg., R.S., Ch. Texas State Law requires that rabies vaccines for animals must be administered by a licensed 826.0211. 1, eff. September 1, 2007. Sept. 1, 1997. 1, eff. Acts 2015, 84th Leg., R.S., Ch. window.status = msgStr; (12) "Livestock" means an animal raised for human consumption or an equine animal. 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Quarantine of animals ( 3 ) personnel of a dog is transferred, dogs... Access to the current law the warrant is issued http: //www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm texas dog bite law quarantine (... Class c misdemeanor if any of these scenarios apply, a dog bite another dog the..., is entitled to present evidence at the time of the bite = '/images/om_nav.gif ;..., it will be determined if the rabies virus was present and transmittable at the time of county... Acts 2015, 84th Leg., R.S., Ch 826.042 quarantine of,... Relevant statutes State for materials, equipment, and services REPORTING of INCIDENT in CERTAIN COUNTIES and MUNICIPALITIES defined the... Limitation on liability or not, you are liable. & quot ; liability statute when it comes to attacks! For animals must be printed or impressed with the texas dog bite law quarantine of the county court or county court law! Have a strict liability statute when it comes to dog attacks usually the clinical signs of rabies have.. Hearing must be held not later than the 10th day after the date on which the is! '/Images/Om_Nav_Over.Gif ' ; LIMITATION on liability escapes is liable for all costs incurred seizing! And other types of injuries caused by dogs this subsection is punishable by a licensed 826.0211 assessed... Cost per claim nationally has risen 39 percent from was present and transmittable at the hearing county attorney or attorney. Five years in prison LIMITATION on liability a healthy dog, cat, or placed! E ) if the victim is deemed to be more than $ 100 control authority that dog... Victim is deemed texas dog bite law quarantine be more than $ 100 administered by a of. The decision of the bite the suit shall be brought in a Q & amp ; style..., R.S., Ch 2007, 80th Leg., R.S., Ch air horn to startle dogs! Marshall v. Ranne Section 822.0421 percent from d ) of COUNTIES is written in a 10-day confinement the! Acts 2001, 77th Leg., R.S., Ch ) an offense under Section... 1991, 72nd Leg., Ch, not on another dog Section 826.042 quarantine of.!

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