(d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. (12) "Livestock" means an animal raised for human consumption or an equine animal. Report an Animal Bite. 3.1621, eff. Spray the dogs with a garden hose.. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. 3.1620, eff. DEFENSES. 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. (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. Acts 2015, 84th Leg., R.S., Ch. (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. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. September 1, 2007. HEARING. 219), Sec. function dmim(msgStr) { A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. 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. If any of these scenarios apply, a dog attack attorney can help you determine liability. 1, eff. 2, eff. 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. 1 (S.B. 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. 822.043. Acts 1989, 71st Leg., ch. DEFINITIONS. April 2, 2015. 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. September 1, 2007. 822.113. June 14, 2001. Animal Control Handbook. 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. Notice of such order shall be given by publication . (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Search Texas Statutes. 822.0423. Sept. 1, 1997. 1 (S.B. 678, Sec. 678, Sec. 6-231). 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. 1, eff. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Contact us. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 1. then by law it must be euthanized and tested. Added by Acts 2017, 85th Leg., R.S., Ch. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. (A) makes an unprovoked attack on a person that causes bodily injury and occurs 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; or. Sec. Acts 2015, 84th Leg., R.S., Ch. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. window.status = msgStr; 826.0211. April 2, 2015. (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. | Last updated May 10, 2019. REGISTRATION FEE. 1728), Sec. 678, Sec. (b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sept. 1, 1991. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. 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. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. September 1, 2007. 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. 8, eff. Sept. 1, 1989. Texas State Law requires that owners of dogs, cats, and ferrets be vaccinated against rabies by four months of age and given a second inoculation against rabies one year later, then tri-annually thereafter (VTCA-Sec. LOCAL RABIES CONTROL PROGRAMS. Acts 2015, 84th Leg., R.S., Ch. 3.1639(121), eff. 1, eff. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. 992 (H.B. This includes animals that already have their rabies shots. Acts 1989, 71st Leg., ch. 822.101. Sept. 1, 1989. 822.112. Also, the dog's owner can sometimes choose not to have their dog put down. 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. // function that displays status bar message 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. SUBCHAPTER A. April 2, 2015. INJUNCTION. document.returnValue = true; 822.116. document.returnValue = false; NOTICE. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; If the domestic animal is showing clinical signs consistent with rabies . DEFINITIONS. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (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. (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. 678, Sec. 826.044. DISPOSITION OF FEE. SHORT TITLE. (b) Registration is valid for one year from the date of registration. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 1 (S.B. 826.011. (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. 530 (H.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. 1069, Sec. 76, Sec. April 2, 2015. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (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. (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. Sec. Sec. 826.041. 822.003 by Acts 1997, 75th Leg., ch. (b) An offense under this section is a Class C misdemeanor. 219), Sec. Sept. 1, 1995. Make a big ruckus by shouting, screaming or clapping your hands. When is a domestic dog, cat, or ferret placed in a 10-day confinement? (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. May 5, 1995. May 5, 1995. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. In addition, The owner must place the tag on the dog's collar. 1, eff. 3.1609, eff. Does the Type of Animal Affect a Bite Injury Case? April 2, 2015. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. Added by Acts 2001, 77th Leg., ch. Sec. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). ELECTION RESULT. 2, eff. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. 1, eff. An offense under this subsection is punishable by a fine of not more than $100. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. Sec. 822.012. September 1, 2015. Sec. CERTIFICATE OF REGISTRATION APPLICATION. April 2, 2015. Sept. 1, 1997. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. (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. Acts 1989, 71st Leg., ch. 822.105. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. (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. 1 (S.B. 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. Join thousands of people who receive monthly site updates. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. (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. window.status = msgStr; (c) The commissioners court shall determine the amount and time of reimbursement. 822.0011. 44, Sec. 826.055. 1002, Sec. 822.111. EFFECT OF SUBCHAPTER ON OTHER LAW. (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. 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. 826.031. 1, eff. 669 (H.B. April 2, 2015. Acts 1989, 71st Leg., ch. Acts 1989, 71st Leg., ch. Acts 1989, 71st Leg., ch. 822.004 and amended by Acts 1997, 75th Leg., ch. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. Sept. 1, 1997. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; (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. Amended by Acts 1995, 74th Leg., ch. (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. document.returnValue = true; 31, eff. Acts 2017, 85th Leg., R.S., Ch. The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. 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. September 1, 2015. MINIMUM STANDARDS FOR RABIES CONTROL. Section 826.042 Quarantine of Animals, 669 (H.B. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general 826.018. 2026), Sec. (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. Acts 2015, 84th Leg., R.S., Ch. The governing body of the municipality or county may prescribe the amount of the fees. 219), Sec. CRIMINAL PENALTY. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). 219), Sec. (c) The local rabies control authority shall investigate a report filed under this section. (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 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. Sec. (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. 12, eff. 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. Sept. 1, 1989. Aug. 28, 1995. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. 826.017. Firms, Animal Attack and Dog Bite Claim Resources. 678, Sec. (d) A suit or other proceeding may be brought against: (2) the parent, guardian, or other person legally responsible for the support of the recipient; or. Sec. 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. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. 219), Sec. Sec. 219), Sec. This is the main section that was updated in the latest revision of Order 171. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Acts 1989, 71st Leg., ch. (b) A person who violates this section commits an offense. 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. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. } Sec. RELOCATION OR DISPOSITION OF ANIMAL. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 1 (S.B. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 1436), Sec. (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. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. LIABILITY INSURANCE. Sec. Section 42.092 of the Texas Penal Code. // (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. 2, eff. 822.041. (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. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. Section 2131 et seq.) 99, Sec. (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. Added by Acts 2003, 78th Leg., ch. (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. 1, eff. (2) are more stringent than restrictions provided by this subchapter. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. (last accessed Jun. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. 822.022. AREA RABIES QUARANTINE. Sept. 1, 2001. (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. 916, Sec. Sec. 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