Sept. 1, 2003. In this chapter: (1) "Animal" means a warm-blooded animal. 8, eff. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1989. Sec. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (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. (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. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 1355), Sec. 2, eff. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 992 (H.B. 822.116. Sept. 1, 1989. June 15, 2007. INSPECTION. 3. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. // function that displays status bar message Rabies and Animal Control Order #171. 822.042. Sec. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (2) are more stringent than restrictions provided by this subchapter. (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. Texas. 1728), Sec. for non-profit, educational, and government users. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. Added by Acts 1997, 75th Leg., ch. (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. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. Sec. (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. (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. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. (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. Sec. Acts 1989, 71st Leg., ch. (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. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. Stay up-to-date with how the law affects your life. 826.011. 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. 3.1639(121), eff. 44, Sec. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. Sec. function dm(msgStr) { 2. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. 1 (S.B. 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. 1 (S.B. (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. // Renumbered from Health & Safety Code Sec. 822.045. September 1, 2015. AREA RABIES QUARANTINE. (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. Amended by Acts 1995, 74th Leg., ch. 669 (H.B. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. (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. Below you will find a list of dog bite laws in all 50 states and the District of Columbia, including state statutes, whether a state holds owners strictly liable for dog bite injuries, and any additional provisions. (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. The veterinarian or local rabies control authority may bring suit to collect those costs. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 826.054. 686 (H.B. did notbite a human, the law mandates quarantine. if (document.images) { (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. To claim livestock, call the Low Risk Animal Control. (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. Sec. 826.014. 1 (S.B. 3, eff. DISPLAY OF CERTIFICATE OF REGISTRATION. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. Sec. Amended by Acts 1997, 75th Leg., ch. 219), 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. 1355), Sec. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. This is the main section that was updated in the latest revision of Order 171. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. April 2, 2015. 1069, Sec. 826.025. April 2, 2015. (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. 826.047. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. 822.105. Sec. 822.044. In addition, (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. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. if (showMsg) { Sec. Sec. Amended by Acts 1995, 74th Leg., ch. 1069, Sec. Sec. Sec. } 1, eff. 822.001 and amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. If your dog bites someone, whether on your property or not, you are liable.". (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). September 1, 2017. 822.0421. (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. 2, eff. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 822.006. (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. 99, Sec. 99, Sec. (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. April 2, 2015. Acts 1989, 71st Leg., ch. 1, Sec. 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. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. 826.053. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". 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. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. Sept. 1, 1989. 1, eff. The hearing must be held not later than the 10th day after the date on which the warrant is issued. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. 6, eff. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. Sept. 1, 1999. 99, Sec. 219), Sec. Sept. 1, 1991. 1728), Sec. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; QUARANTINE OF ANIMALS. REGISTRATION FEE. EFFECT OF SUBCHAPTER ON OTHER LAW. 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. A governmental entity or person that receives the information 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 2015, 84th Leg., R.S., Ch. Renumbered from Health & Safety Code Sec. In most cases, the quarantine/observation may be in your home. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 1, eff. (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. CIVIL PENALTY. CERTIFICATE OF REGISTRATION; FEES. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; LOCAL RABIES CONTROL PROGRAMS. 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. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. 678, Sec. 826.001. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . (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. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. (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. 1 (S.B. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. Acts 2007, 80th Leg., R.S., Ch. (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 contracts or agreements may provide for payment by the state for materials, equipment, and services. USE AND SALE OF RABIES VACCINE. (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. (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. 3.1601, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. (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. 219), Sec. Sept. 1, 1997. (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. Sept. 1, 1989. 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. Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. 826.0311. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. DISPOSITION OF FEE. This includes animals that already have their rabies shots. Sec. 678, Sec. Sec. September 1, 2005. 219), Sec. 3.1639(119), eff. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. 826.017. 822.035. 678, Sec. (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. Acts 1989, 71st Leg., ch. NOTICE. 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. 822.047. 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 . RELOCATION OR DISPOSITION OF ANIMAL. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2015. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. (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. REGISTRATION; CRIMINAL PENALTY. 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. 1 (S.B. (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. 44, Sec. document.returnValue = false; Sept. 1, 1991. September 1, 2007. 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