Sec. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. And this is often the case if the assault is not severe. NOTICE. 1, Sec. (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. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Section 2131 et seq.) 1740), Sec. (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. 916, Sec. APPEAL. 678, Sec. Search Texas Statutes. (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. 822.004 and amended by Acts 1997, 75th Leg., ch. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 219), Sec. Added by Acts 2003, 78th Leg., ch. 678, Sec. Sec. 2283), Sec. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . (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. Animal Control Handbook. Sec. 822.107. Acts 1989, 71st Leg., ch. (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. 3.1611, eff. Sec. Renumbered from Health & Safety Code Sec. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. 822.004. 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. 678, Sec. (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 44, Sec. 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. DEFINITIONS. Acts 2021, 87th Leg., R.S., Ch. 3.1601, eff. RULE 169.34. 536 (S.B. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 219), Sec. (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. Sec. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): document.returnValue = false; 530 (H.B. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (f) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized search and rescue effort at the request of law enforcement. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. Sec. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. (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. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; and its subsequent amendments, a clear and legible photocopy of the license. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. 822.0421. Sec. Acts 2015, 84th Leg., R.S., Ch. 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. 826.055. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. (A) Biting dog, cat, or ferret. Rule 3701-3-29. LOCAL REGULATION OF DOGS. 219), Sec. April 2, 2015. Sec. Acts 2015, 84th Leg., R.S., Ch. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. May 5, 1995. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. 1 (S.B. 822.028. The owner of the dogs now faces felony charges, police said. 826.034. 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. HEARING. INTERVAL BETWEEN ELECTIONS. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. (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. 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. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. REPORTS OF RABIES. 826.0311. 678, Sec. (5) any other information the animal registration agency may require. 3.1613, eff. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. 822.013. 44, Sec. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. 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. 826.0211. Sept. 1, 1989. 530 (H.B. 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. (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. Fax: 903-526-0202. 1 (S.B. 822.007. 44, Sec. 319), Sec. The law . (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. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. //-->. May 5, 1995. Sept. 1, 1989. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. Sec. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. The email address cannot be subscribed. 12, eff. 1235 (H.B. DISPLAY OF CERTIFICATE OF REGISTRATION. 678, 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. 822.003. (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. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. window.status = msgStr; Sept. 1, 1989. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. Sec. If the victim is deemed to be more than 50% at fault, there is no liability. 822.002. Amended by Acts 1995, 74th Leg., ch. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. 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. DETERMINATION THAT DOG IS DANGEROUS. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . Acts 2015, 84th Leg., R.S., Ch. (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. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (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. Sec. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Sec. 1, eff. 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 . Sec. 669 (H.B. USE AND SALE OF RABIES VACCINE. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. 1355), Sec. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. Person is a dog trainer or an employee of a guard dog company. 1728), Sec. 826.048. Sept. 1, 1997; Acts 1999, 76th Leg., ch. DEFENSE. Sec. 3.1610, eff. Renumbered from Health & Safety Code Sec. 3, eff. 826.021, TAC-169.29, CD6-Sec. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. | Last updated May 10, 2019. 3.1639(121), eff. (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. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). DESTRUCTION OF DOG. Lawyers know that many Texas dog bites occur when an animal is threatened. June 15, 2007. 678, Sec. Amended by Acts 2001, 77th Leg., ch. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. Sec. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. RELOCATION OR DISPOSITION OF ANIMAL. 1 (S.B. 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