899 (H.B. 219), Sec. (1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret shall be quarantined under an order issued by the . 1, eff. | Last updated May 10, 2019. Acts 1989, 71st Leg., ch. Sec. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. (b) The suit shall be brought in a district court in the county in which the facility is located. 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. (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. September 1, 2007. 822.107. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. Sec. 31, eff. 2026), Sec. // 678, Sec. April 2, 2015. (5) any other information the animal registration agency may require. function dmim(msgStr) { (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. 1 (S.B. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. 1, eff. 3.1607, eff. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. LIABILITY INSURANCE. Sec. 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. INTERVAL BETWEEN ELECTIONS. (b) An offense under this section is a Class C misdemeanor. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 826.002. 1 (S.B. 3.1601, eff. 52 (H.B. 3.1621, eff. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). Added by Acts 1991, 72nd Leg., ch. 4, eff. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. Acts 2015, 84th Leg., R.S., Ch. 669 (H.B. Created byFindLaw's team of legal writers and editors (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. Acts 1989, 71st Leg., ch. And this is often the case if the assault is not severe. 4, eff. Sept. 1, 2001. 12, eff. 669 (H.B. (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. Acts 2015, 84th Leg., R.S., Ch. 3.1622, eff. (E) in conformance with the requirements for enclosures established by the local animal control authority. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. June 15, 2007. 3.1639(121), eff. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. 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. September 1, 2007. There are further considerations following an attack. Added by Acts 2003, 78th Leg., ch. (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. 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. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. 219), Sec. RULE 169.34. 822.101. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; September 1, 2015. Acts 1989, 71st Leg., ch. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Sec. Amended by Acts 1995, 74th Leg., ch. (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. September 1, 2007. V.T.C.A., Health . 219), Sec. increasing citizen access. Acts 2017, 85th Leg., R.S., Ch. DEFINITIONS. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. Acts 1989, 71st Leg., ch. Sec. 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.". 219), Sec. (2) pays an annual registration fee of $50. 1, eff. 1426), Sec. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. 822.113. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 3.1598, eff. 2, eff. } (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. (b) A dog or cat may not be subject to dual registration. In the 15-year period of 2005 through 2019, canines killed 521 Americans. If your dog bites someone, whether on your property or not, you are liable.". Sec. Sec. Sec. (b) In accordance with department rules and eligibility standards, the department is entitled to be reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in providing the vaccine or serum. May 5, 1995. 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. Firms, Animal Attack and Dog Bite Claim Resources. (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. Acts 2015, 84th Leg., R.S., Ch. 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. Phone: 903-590-2840. (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. 219), Sec. (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. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. Acts 2015, 84th Leg., R.S., Ch. The log must: (3) describe the type or nature of treatment; and. 826.015. MINIMUM STANDARDS FOR RABIES CONTROL. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. 826.014. 678, Sec. (2) the requirements for animal control officer training adopted under Chapter 829. 14.810, eff. Sept. 1, 2003. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 44, Sec. The law only applies to bites on a human, not on another dog. 1740), Sec. 7, eff; May 5, 1995. In addition, 3. (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. (c) The commissioners court shall determine the amount and time of reimbursement. 678, Sec. 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 . (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. } 822.011 and amended by Acts 2003, 78th Leg., ch. 826.017. 13, eff. 96, Sec. Sec. Statewide Quarantine. 1, eff. Sept. 1, 1989. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. Sept. 1, 1989. (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. Sec. April 2, 2015. (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. 822.029. (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. 678, Sec. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. It can be reached at 409.643.5720 . Section 2131 et seq.) (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. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. (2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. (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. (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) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. April 2, 2015. (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. 3. The email address cannot be subscribed. 99, Sec. Sec. Amended by Acts 1997, 75th Leg., ch. 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. Section 826.042 Quarantine of Animals, May 5, 1995. April 2, 2015. 1, eff. //-->. (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. (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. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. Amended by Acts 1995, 74th Leg., ch. Search Texas Statutes. 1728), Sec. September 1, 2007. Sept. 1, 1995. 96, Sec. Officials say the dogs killed . Acts 1989, 71st Leg., ch. 1 (S.B. 826.048. Acts 2015, 84th Leg., R.S., Ch. 916, Sec. (b) Notwithstanding the definition in Section 822.001(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. Sept. 1, 1989. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. 99, 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. 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. 2, eff. Report an Animal Bite. 1728), Sec. Sept. 1, 1989. Sec. 822.012. CRIMINAL PENALTY. 822.0411. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. June 18, 2005. Section 2131 et seq.) The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. Acts 1989, 71st Leg., ch. (5) "Owner" means a person who owns or has custody or control of the dog. 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