Acts 2015, 84th Leg., R.S., Ch. 5.95(49), eff. September 1, 2021. 826.014. Added by Acts 2001, 77th Leg., ch. If the victim is deemed to be more than 50% at fault, there is no liability. 489, Sec. (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. Sec. 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. Amended by Acts 1995, 74th Leg., ch. 2026), Sec. 822.042. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991. 822.041. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. 916, Sec. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. Acts 1989, 71st Leg., ch. (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. 99, Sec. Sec. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. 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. (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. (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. A few days later, the shelter reported that they had received positive test results. Contact us. Amended by Acts 1995, 74th Leg., ch. 1, eff. 2, eff. (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. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 826.031. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 3.1613, eff. 3.1614, eff. 822.035. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. Sept. 1, 1989. 54, Sec. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. Restraint; Criminal Penalty. The email address cannot be subscribed. Sec. (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. September 1, 2015. 826.023. May 17, 1999. 219), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 916, Sec. HEARING. Sec. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 2283), Sec. April 2, 2015. 826.033. 1002, Sec. |. Sec. Statewide Quarantine. Sept. 1, 1997. 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. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. Acts 1989, 71st Leg., ch. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Acts 1989, 71st Leg., ch. April 2, 2015. 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. (e) Renumbered from Health & Safety Code Sec. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. Sec. It is kept quarantined until the clinical signs of rabies have resolved. 536 (S.B. Section 2131 et seq.) Sec. This chapter may be cited as the Rabies Control Act of 1981. 3.1623, eff. Acts 2015, 84th Leg., R.S., Ch. 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. May 5, 1995. 1 (S.B. (b) The suit shall be brought in a district court in the county in which the facility is located. Under certain conditions . Acts 2015, 84th Leg., R.S., Ch. 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. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. All rights reserved. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 826.0211. Sec. Sept. 1, 1991. 822.114. (2) pays an annual registration fee of $50. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. April 2, 2015. 826.001. Added by Acts 2017, 85th Leg., R.S., Ch. 826.015. (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. 826.022. (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. (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. Sept. 1, 1989. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. Sec. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. Sept. 1, 2003. 1436), Sec. Sept. 1, 1989. 678, Sec. Acts 1989, 71st Leg., ch. entrepreneurship, were lowering the cost of legal services 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. May 5, 1995. And this is often the case if the assault is not severe. Sept. 1, 1997. 219), Sec. 2, eff. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. 4, eff. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. The decision of the county court or county court at law may not be appealed. Created byFindLaw's team of legal writers and editors May 5, 1995. 678, Sec. 678, Sec. 3.1601, eff. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. (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. 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. April 2, 2015. 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. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Sec. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 2, eff. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Also, the dog's owner can sometimes choose not to have their dog put down. (b) An offense under this section is a Class C misdemeanor. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. 1728), Sec. Sec. 1002, 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. 1 (S.B. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. 3.1600, eff. 1, eff. Sec. (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. Sec. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. Acts 2007, 80th Leg., R.S., Ch. // function that displays status bar message (2) practicing veterinary medicine on an installation of the armed forces or National Guard. INSPECTIONS. 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. 1, Sec. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; (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 owner of the dogs now faces felony charges, police said. Acts 2015, 84th Leg., R.S., Ch. 822.0411. Sec. Sec. (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. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. 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. 3.1639(121), eff. Rabies is a deadly virus with elevated levels in central Texas. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 219), Sec. 669 (H.B. 1, eff. CERTIFICATE OF REGISTRATION; FEES. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. 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. 44, Sec. (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. 678, Sec. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 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. April 2, 2015. Sept. 1, 1989. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 1436), Sec. (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. April 2, 2015. Sec. 44, Sec. (a) The commissioners court of a county may adopt ordinances or rules that establish a local rabies control program in the county and set local standards that are compatible with and equal to or more stringent than the program established by this chapter and the department rules adopted under this chapter. Acts 2015, 84th Leg., R.S., Ch. 3, eff. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 7, 2021). 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. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. CIVIL PENALTY. The average cost per claim nationally has risen 39 percent from . (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's dog owner liability rule applies to bites and other types of injuries caused by dogs. 1, eff. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 2. (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. 12, 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. (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. 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. Added by Acts 1991, 72nd Leg., ch. (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. (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. (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. (c) A person commits an offense if the person distributes information that is confidential under this section. 219), Sec. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Sec. Sec. Please try again. Pit bulls contributed to 66% (346) of these deaths. 2, eff. 2283), 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. Acts 1989, 71st Leg., ch. 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. 3.1605, eff. To claim livestock, call the Low Risk Animal Control. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. 1, eff. Sec. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. 2, eff. 219), Sec. 8, eff. 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. 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. A civil penalty collected under this subsection may be retained by the county or municipality. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 678, Sec. The governing body of the municipality or county may prescribe the amount of the fees. (5) any other information the animal registration agency may require. Sec. In addition, (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. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 678, Sec. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. (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, eff. Amended by Acts 1995, 74th Leg., ch. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. 822.104. May 5, 1995. Acts 2015, 84th Leg., R.S., Ch. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. 678, Sec. The owner must place the tag on the dog's collar. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. } April 2, 2015. Does the Type of Animal Affect a Bite Injury Case? (c) The local rabies control authority shall investigate a report filed under this section. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. } An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. April 2, 2015. 822.011 and amended by Acts 2003, 78th Leg., ch. 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. Sec. Join thousands of people who receive monthly site updates. Added by Acts 1991, 72nd Leg., ch. (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. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Original Source: (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. (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. September 1, 2007. CRIMINAL PENALTY. 826.048. (3) any other person authorized to take possession of the dog. INSPECTION. (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. Renumbered from Health & Safety Code Sec. 1331 (S.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. Acts 2007, 80th Leg., R.S., Ch. document.returnValue = true; Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). 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. 1, eff. } 96, Sec. (a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by: (2) ordinances or rules adopted under this chapter by a county or municipality. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. 826.055. 826.046. 1, eff. (Texas Civ 33.001). Sec. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. (C) does not otherwise adversely affect the overall welfare of the animal involved.

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