(b) This subchapter does not require a municipality that does not have an animal control office to create that office. Sec. INSPECTIONS. (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. (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. 2, eff. 822.035. Sec. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. 822.024. 822.115. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. Stock Laws. if (document.images) { There are further considerations following an attack. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 2, eff. Amended by Acts 1995, 74th Leg., ch. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. (e) May 17, 1999. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (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. DISPOSITION OF FEE. 826.013. 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, eff. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. 219), Sec. | More 1, eff. This applies to both domestic and wild animals. Sec. DEFINITIONS. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. 530 (H.B. 2283), Sec. HEARING. 822.113. 1, Sec. 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. Added by Acts 1991, 72nd Leg., ch. 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. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. The log must: (3) describe the type or nature of treatment; and. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. In 2015, the dogs' owner was sentenced to five years in prison. REGISTRATION TAGS AND CERTIFICATE. 916, Sec. No anti-rabies prophylaxis is needed. (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. Acts 2015, 84th Leg., R.S., Ch. DEFENSES. (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. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 822.042. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. Join thousands of people who receive monthly site updates. To claim livestock, call the Low Risk Animal Control. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. function dm(msgStr) { Sept. 1, 1997. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Sec. 319), Sec. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. 8, eff. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. 822.112. 678, Sec. We will always provide free access to the current law. USE AND SALE OF RABIES VACCINE. Notice of such order shall be given by publication . Sec. 826.0211. Amended by Acts 1995, 74th Leg., ch. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. Sec. Acts 2007, 80th Leg., R.S., Ch. 1. Acts 2015, 84th Leg., R.S., Ch. (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. 1 (S.B. April 2, 2015. 219), Sec. 822.0423. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. 1, eff. LOCAL RABIES CONTROL PROGRAMS. Added by Acts 1997, 75th Leg., ch. Sept. 1, 1991. Health officials or a vet will monitor the animal for signs of rabies. 1, eff. Meeting with a lawyer can help you understand your options and how to best protect your rights. 1355), Sec. (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. 826.011. 1 (S.B. 54, Sec. DEFINITIONS. 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. 822.103. Sept. 1, 1989. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. HEARING. Texas. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 1 (S.B. 826.041. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". 822.003. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. 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. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. Sec. 1, eff. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. Sec. 219), Sec. (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. (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. 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. 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. (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. Sec. Sec. 1 (S.B. 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. Sept. 1, 1989. The owner shall pay any cost incurred in seizing the dog. 1436), Sec. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. (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. May 5, 1995. 3.1613, eff. Section 2131 et seq.) TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 3. (c) In accordance with department rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (T) any hybrid of an animal listed in this subdivision. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. 1, eff. Sec. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. (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, eff. Visit our attorney directory to find a lawyer near you who can help. 916, Sec. . Sec. document.returnValue = false; Sec. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Your dog must receive boosters on a regular schedule to remain protected. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 826.021, TAC-169.29, CD6-Sec. April 2, 2015. April 2, 2015. (5) any other information the animal registration agency may require. CRIMINAL PENALTY. Search Texas Statutes. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. Sept. 1, 1989. Sec. Sept. 1, 1997. 99, Sec. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. Texas State Law requires that rabies vaccines for animals must be administered by a licensed RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. LIABILITY INSURANCE. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Sec. 1 (S.B. A few days later, the shelter reported that they had received positive test results. (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. 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. A civil penalty collected under this subsection may be retained by the county or municipality. Aug. 28, 1995. Statewide Quarantine. Added by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. (2) pays an annual registration fee of $50. 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. Sec. 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. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. (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. May 5, 1995. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control April 2, 2015. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. Sept. 1, 1989. Sept. 1, 1989. PETITION FOR ELECTION. Acts 1989, 71st Leg., ch. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. DEFENSE. Sec. 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. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. 826.0311. 826.014. 1, eff. PROVISION OF VACCINE AND SERUM. 822.011. 822.026. (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. Sec. 1, eff. 4, eff. April 2, 2015. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . SUBCHAPTER A. (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. (b) A person who violates this section commits an offense. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. 219), Sec. 1, eff. 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). CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. Acts 2005, 79th Leg., Ch. and its subsequent amendments or the regulations adopted under that Act. 822.033 and amended by Acts 2003, 78th Leg., ch. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. Sept. 1, 1997. Sec. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (c) The commissioners court shall determine the amount and time of reimbursement. And this is often the case if the assault is not severe. 3.1605, eff. 1069, Sec. 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. 1, eff. The law only applies to bites on a human, not on another dog. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. Sec. 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. 669 (H.B. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. September 1, 2021. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Sec. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. 822.114. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. Sec. 1728), Sec. This is the main section that was updated in the latest revision of Order 171. Sec. (c) The local rabies control authority shall investigate a report filed under this section. 826.023. 1235 (H.B. 822.004. April 2, 2015. (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 . 822.028. (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. } (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. 826.018. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (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. Sec. 44, Sec. 1, eff. 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. 678, Sec. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Section 42.092 of the Texas Penal Code. Acts 1989, 71st Leg., ch. The email address cannot be subscribed. 1 (S.B. Sept. 1, 1989. 2, eff. (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. September 1, 2007. (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. 2. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 822.021. 99, Sec. Rabies is a deadly virus with elevated levels in central Texas. The hearing must be held not later than the 10th day after the date on which the warrant is issued. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. (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. You can be held civilly or criminally liable. (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. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. and . 2, eff. 1355), Sec. The veterinarian or local rabies control authority may bring suit to collect those costs. The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. Sept. 1, 1997. (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. Acts 1989, 71st Leg., ch. (A) Biting dog, cat, or ferret. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. The owner of the dogs now faces felony charges, police said. Sec. 1, eff. 1, eff. Acts 1989, 71st Leg., ch. 678, Sec. Renumbered from Health & Safety Code Sec. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . Amended by Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. 826.021. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. 826.017. Sec. Acts 2015, 84th Leg., R.S., Ch. 822.022. 1, eff. San . Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 1989, 71st Leg., ch. Sec. 1 (S.B. DOGS OR COYOTES THAT ATTACK ANIMALS. Kennel Cough. (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.
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