Acts 1989, 71st Leg., ch. 976 (S.B. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. 826.013. Through social 3, eff. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. (3) any other person authorized to take possession of the dog. 669 (H.B. SHORT TITLE. CERTIFICATE OF REGISTRATION; FEES. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 99, Sec. Sec. REGISTRATION FEE. (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. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. PROVISION OF VACCINE AND SERUM. (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. 96, Sec. 826.034. 1069, Sec. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. Meeting with a lawyer can help you understand your options and how to best protect your rights. 44, Sec. 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 . (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. 826.015. if (showMsg) { QUARANTINE; CRIMINAL PENALTY. (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. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. 219), Sec. (1) the name and address of the victim and of the animal's owner, if known; and. 219), Sec. 1 (S.B. By Cuteness Team. Health officials or a vet will monitor the animal for signs of rabies. Acts 2015, 84th Leg., R.S., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. (c) The commissioners court shall determine the amount and time of reimbursement. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. Sept. 1, 1989. 530 (H.B. April 2, 2015. (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. 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. September 1, 2007. Sept. 1, 2003. 219), Sec. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. 822.011. 530 (H.B. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. 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. Added by Acts 2017, 85th Leg., R.S., Ch. CIVIL PENALTY. 3.1599, eff. (C) does not otherwise adversely affect the overall welfare of the animal involved. 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. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. Sept. 1, 1989. (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. 822.031. 1 (S.B. HEARING. Biting animal to be confined; veterinarian to report. INSPECTION. Amended by Acts 1995, 74th Leg., ch. 1, eff. (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. 826.0211. April 2, 2015. (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. Sept. 1, 1989. 1, eff. Sec. 219), Sec. (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. (2) has fastened about its neck a dog identification tag issued by the county. The owner of the dogs now faces felony charges, police said. 96, Sec. 3.1623, eff. 1, eff. 1, eff. Sec. 822.103. 1 (S.B. (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. Sec. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. We will always provide free access to the current law. (b) The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 7, 2021). 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. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 822.024. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. LOCAL RABIES CONTROL PROGRAMS. 822.013. April 2, 2015. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Stock Laws. Sec. 678, Sec. 1, eff. 3.1639(121), eff. 3.1611, eff. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sec. Acts 1989, 71st Leg., ch. 826.031. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. (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. Section 2131 et seq.) 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. 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. (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. Sec. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. Sept. 1, 1989. 822.041. (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. Please make sure your pets are vaccinated against this terrible disease. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. (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. (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. 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. 1, eff. (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. (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. NOTICE. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. 822.107. document.returnValue = true; 826.051. Acts 2015, 84th Leg., R.S., Ch. 826.017. (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. 686 (H.B. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. 822.005. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. Email: shelter@smith-county.com. April 2, 2015. 1, eff. Acts 2007, 80th Leg., R.S., Ch. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. The governing body of the municipality or county may prescribe the amount of the fees. (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. 3.1616, eff. 822.002. Acts 2015, 84th Leg., R.S., Ch. 3.1622, eff. Section 826.042 Quarantine of Animals, The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. May 17, 1999. (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. 5, eff. 826.025. To claim livestock, call the Low Risk Animal Control. 678, Sec. " 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. 8, eff. 822.0011. 3.1601, eff. 1, eff. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Acts 2007, 80th Leg., R.S., Ch. Search, Browse Law 1436), Sec. Sept. 1, 1997. Acts 2015, 84th Leg., R.S., Ch. Sec. April 2, 2015. (b) The suit shall be brought in a district court in the county in which the facility is located. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 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. Sec. 822.045. Sec. 678, Sec. May 5, 1995. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . (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) 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. (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. 979, Sec. 54, Sec. 13, eff. 1, eff. 3.1605, eff. Search Texas Statutes. May 21, 2015. 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. 992 (H.B. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. 822.022. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 822.115. 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. May 5, 1995. window.status = msgStr; (c) An offense under this section is a Class C misdemeanor. 2, eff. Added by Acts 1995, 74th Leg., ch. April 2, 2015. 826.021, TAC-169.29, CD6-Sec. Your dog must receive boosters on a regular schedule to remain protected. 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. April 2, 2015. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. } April 2, 2015. 822.003. document.returnValue = false; A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. 1355), Sec. Sept. 1, 2003. According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. 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. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. Rabies and Animal Control Order #171. 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. 822.0424. (a) If a majority of those voting at the election vote in favor of the measure, the requirement that dogs be registered takes effect in the county on the 10th day after the date on which the result of the election is declared. Sept. 1, 1997. HEARING. 76, Sec. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. |. did notbite a human, the law mandates quarantine. and its subsequent amendments. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 822.035. Most states mandate a 10-day dog bite quarantine because federal law governing testing and vaccination against rabies for animals is insufficient to protect everyone from this highly contagious virus. 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 . 99, Sec. RESTRAINT; CRIMINAL PENALTY. REPORTS OF RABIES. we provide special support Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. 822.004 and amended by Acts 1997, 75th Leg., ch. Remember, state dog bite laws are a combination of local and state laws and are subject to change. (4) provide the name of the attending veterinarian, if applicable. 3.1617, 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. DEFINITIONS. (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. 3.1610, eff. Sec. Sec. 2, eff. (b) Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. (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. 669 (H.B. If the victim is deemed to be more than 50% at fault, there is no liability. Amended by Acts 1995, 74th Leg., ch. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. April 2, 2015. (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 3.1598, eff. 1, eff. (b) Registration is valid for one year from the date of registration. Rule 3701-3-29. Civilly, an owner can be held liable if they knew the dog had bitten someone before and did not use "reasonable care" in restraining the dog, said. 219), Sec. 2026), Sec. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 976 (S.B. In 2015, the dogs' owner was sentenced to five years in prison. September 1, 2017. 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? LOCAL REGULATION OF DOGS. Acts 1989, 71st Leg., ch. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. May 5, 1995; Acts 2001, 77th Leg., ch. Acts 1989, 71st Leg., ch. Sept. 1, 2001. Sec. Texas State Law requires that rabies vaccines for animals must be administered by a licensed This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 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. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; Renumbered from Health & Safety Code Sec. 1355), Sec. 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. 3.1600, eff. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. (b) An offense under this section is a Class C misdemeanor. (B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Acts 2021, 87th Leg., R.S., Ch. Copyright 2023, Thomson Reuters. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. A civil penalty collected under this subsection may be retained by the county or municipality. (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. (T) any hybrid of an animal listed in this subdivision. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. Added by Acts 2001, 77th Leg., ch. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. 826.044. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (2) are more stringent than restrictions provided by this subchapter. 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