826.043. April 2, 2015. Sept. 1, 1989. September 1, 2015. 44, Sec. (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. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. (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. (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. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. 822.027. Sec. 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. Acts 2007, 80th Leg., R.S., Ch. 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. Name Rule 3701-3-29. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Added by Acts 2003, 78th Leg., ch. V.T.C.A., Health . (b) A jurisdiction may not be subject to dual restraint ordinances or rules. Stay up-to-date with how the law affects your life. Acts 2007, 80th Leg., R.S., Ch. function dmim(msgStr) { var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; CRIMINAL PENALTY. 826.041. 822.110. 1 (S.B. | Last updated May 10, 2019. Sec. September 1, 2017. April 2, 2015. Added by Acts 1991, 72nd Leg., ch. Acts 1989, 71st Leg., ch. (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. September 1, 2007. Your dog must receive boosters on a regular schedule to remain protected. 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. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. we provide special support 2, eff. 1355), Sec. Sec. (c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum. 219), Sec. 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. 916, Sec. (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. DESTRUCTION OF DOG. If the domestic animal is showing clinical signs consistent with rabies . Sept. 1, 1989. 44, Sec. 219), Sec. In most cases, the quarantine/observation may be in your home. By Cuteness Team. Acts 2017, 85th Leg., R.S., Ch. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 3.1614, eff. 822.011. 219), Sec. . (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. 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. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. (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. 1. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. RELOCATION OR DISPOSITION OF ANIMAL. 1, eff. DEFINITIONS. 822.035. 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. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. (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. The animal's owner must pay the fee before the animal may be released. 3.1639(121), eff. 44, Sec. Animal Control Handbook. Acts 2015, 84th Leg., R.S., Ch. 3. With this ruling Texas became a "one bite rule" state. 678, Sec. 3.1605, eff. Sec. Sec. Sec. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. Sec. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. (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. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 822.0424. Amended by Acts 1995, 74th Leg., ch. 976 (S.B. (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. April 2, 2015. 1 (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. (b) An offense under this section is a Class C misdemeanor. (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. Added by Acts 1995, 74th Leg., ch. In addition, (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. Penal Code 398 (2022).) 1, eff. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. Acts 2015, 84th Leg., R.S., Ch. Sec. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . Acts 1989, 71st Leg., ch. 3.1611, eff. No anti-rabies prophylaxis is needed. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. (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. if (document.images) { Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. Sec. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Sec. 686 (H.B. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . 822.047. (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. (Texas Civ 33.001). Added by Acts 2017, 85th Leg., R.S., Ch. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. Amended by Acts 1995, 74th Leg., ch. 99, Sec. 1, eff. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. May 5, 1995; Acts 2001, 77th Leg., ch. 3.1599, eff. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. Rabies and Animal Control Order #171. April 2, 2015. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. 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? VACCINATION; CRIMINAL PENALTY. 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. DEFINITIONS. Added by Acts 1989, 71st Leg., ch. 822.033 and amended by Acts 2003, 78th Leg., ch. September 1, 2015. (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. April 2, 2015. (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. 14.809, eff. 99, Sec. If the victim is deemed to be more than 50% at fault, there is no liability. (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. increasing citizen access. (2) the program established by this chapter and the department rules adopted under this chapter. 219), Sec. HEARING. | More Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. 826.001. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (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. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. LOCAL RABIES CONTROL PROGRAMS. 822.104. Person is a dog trainer or an employee of a guard dog company. 826.053. (5) "Owner" means a person who owns or has custody or control of the dog. Sec. 826.048. 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. 669 (H.B. Sec. 826.032. April 2, 2015. 3.1612, eff. 1, eff. (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. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. Sept. 1, 1989. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 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. 2. April 2, 2015. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. } 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. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. Officials say the dogs killed . Sec. 99, Sec. Sec. REPORTS OF RABIES. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. 3.1601, eff. 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. Sec. 5, eff. April 2, 2015. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 669 (H.B. (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. 1436), Sec. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. for rabies. (b) The suit shall be brought in a district court in the county in which the facility is located. 1728), Sec. 3.1620, eff. 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. Sec. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 916, Sec. 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. 826.033. (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. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. 1 (S.B. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. 826.045. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. (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. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 and its subsequent amendments, a clear and legible photocopy of the license. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. PROVISION OF VACCINE AND SERUM. Sec. CONTRACTS. 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 . (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. (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. 1, eff. Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. To report an animal bite please call the Customer Call Center at 311 or contact Animal Care Services at 361-826-4634 or 361-826-4616. April 2, 2015. Section 42.092 of the Texas Penal Code. 1, eff. 219), Sec. function dm(msgStr) { (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. Amended by Acts 1995, 74th Leg., ch. Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 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. 7, eff. 2, eff. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. 1, eff. 2, eff. April 2, 2015. 1 (S.B. 1740), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Sec. 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. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. Sec. Sec. The San Antonio attack was the first of two pit . (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. 219), Sec. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 1 (S.B. 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