(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. 822.021. QUARANTINE OF ANIMALS. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 822.025. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; April 2, 2015. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. With this ruling Texas became a "one bite rule" state. An offense under this subsection is punishable by a fine of not more than $100. 678, Sec. The 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. (5) any other information the animal registration agency may require. Acts 2015, 84th Leg., R.S., Ch. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. (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. Acts 2015, 84th Leg., R.S., Ch. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. 219), Sec. Added by Acts 2003, 78th Leg., ch. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 8, eff. Acts 2015, 84th Leg., R.S., Ch. 99, Sec. 669 (H.B. Acts 1989, 71st Leg., ch. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. 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. 219), Sec. Sec. 99, Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2015. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. Remember, state dog bite laws are a combination of local and state laws and are subject to change. (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. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (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. 826.017. We will always provide free access to the current law. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. (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. Amended by Acts 1997, 75th Leg., ch. The animal's owner must pay the fee before the animal may be released. April 2, 2015. 3.1620, eff. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. June 15, 2007. Sept. 1, 1989. 99, Sec. To claim livestock, call the Low Risk Animal Control. 44, Sec. DEFINITIONS. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. 219), Sec. 3.1598, eff. You can be held civilly or criminally liable. Amended by Acts 1999, 76th Leg., ch. September 1, 2007. (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. COUNTIES MAY ADOPT ORDINANCES AND RULES. Sec. Sec. Oftentimes, the victim looks to sue for a dog bite. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. USE AND SALE OF RABIES VACCINE. May 17, 1999. 2, eff. Acts 2015, 84th Leg., R.S., Ch. (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. 678, Sec. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. Sept. 1, 1991. April 2, 2015. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. (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. 822.001. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. INTERVAL BETWEEN ELECTIONS. Sept. 1, 2003. SHORT TITLE. 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. 44, 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. 822.103. (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. 822.043. Report an Animal Bite. (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. Renumbered from Health & Safety Code Sec. 219), Sec. 1, eff. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. (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. Sept. 1, 1989. . As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. OFFENSE AND PENALTY. 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. 1 (S.B. (a) The governing body of a municipality and the commissioners court of a county may adopt ordinances or rules under Section 826.014 or 826.015 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (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. REPORTS OF RABIES. Added by Acts 2017, 85th Leg., R.S., Ch. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. (2) are more stringent than restrictions provided by this subchapter. 219), Sec. (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. 536 (S.B. 3.1639(121), eff. Amended by Acts 1995, 74th Leg., ch. 678, Sec. 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. 6, eff. 678, Sec. 822.111. Search, Browse Law (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (3) "Dog" means a domesticated animal that is a member of the canine family. 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. (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. 1 (S.B. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. Texas State Law requires that rabies vaccines for animals must be administered by a licensed 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. 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. Sec. 1, eff. . June 14, 2001. if (document.images) { var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Acts 1989, 71st Leg., ch. function di(id,name){ 826.025. Acts 2015, 84th Leg., R.S., Ch. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. To report an animal bite of any kind, please call 311. Sept. 1, 1989. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. 1, eff. April 2, 2015. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. 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. 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. April 2, 2015. 1 (S.B. Sec. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control 1, eff. (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. 1, eff. Sec. 1, eff. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 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. 1, eff. VIOLATIONS. 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 . The log must: (3) describe the type or nature of treatment; and. (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. Acts 1989, 71st Leg., ch. 1 (S.B. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. 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. Sec. Make a big ruckus by shouting, screaming or clapping your hands. 44, Sec. Sec. 44, Sec. 822.023. (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. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. 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. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Sept. 1, 1989. 219), Sec. APPLICATION TO CERTAIN PROPERTY. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 3.1639(119), eff. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. Sec. Sec. (2) pays an annual registration fee of $50. 822.104. (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. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. Created byFindLaw's team of legal writers and editors Sec. Rule 3701-3-29. 1, Sec. 822.108. 2, eff. 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. 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. Amended by Acts 1995, 74th Leg., ch. Sec. DEFINITIONS. Acts 2015, 84th Leg., R.S., Ch. 2, eff. SUBCHAPTER B. Dog Quarantine After Bite. EFFECT OF SUBCHAPTER ON OTHER LAW. Acts 2015, 84th Leg., R.S., Ch. 826.001. 3.1623, eff. Person is a dog trainer or an employee of a guard dog company. 5.95(49), eff. Sec. It can be reached at 409.643.5720 . 822.107. 1002, Sec. 1, eff. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 1. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. Sec. Meeting with a lawyer can help you understand your options and how to best protect your rights. (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. Sept. 1, 1989. (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. RESTRAINT; CRIMINAL PENALTY. 678, Sec. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; (5) "Department" means the Department of State Health Services. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1989. 678, Sec. 99, Sec. (b) A dog or cat may not be subject to dual registration. 3, eff. 2283), Sec. CERTIFICATE OF REGISTRATION APPLICATION. 826.0211. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 219), Sec. (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 . April 2, 2015. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. 1562), Sec. 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. Please try again. 1355), Sec. 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