(a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): 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. 1 (S.B. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 4, eff. 3.1639(121), eff. 54, Sec. 1331 (S.B. (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. Rabies and Animal Control Order #171. 822.029. 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. (2) has fastened about its neck a dog identification tag issued by the county. Sec. Sec. if (document.images) { An offense under this subsection is punishable by a fine of not more than $100. September 1, 2015. September 1, 2017. 979, Sec. Sec. Sept. 1, 1989. Sec. (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. (c) A person commits an offense if the person distributes information that is confidential under this section. The hearing must be held not later than the 10th day after the date on which the warrant is issued. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. 3.1613, eff. 822.0421. 826.021, TAC-169.29, CD6-Sec. function dm(msgStr) { 3, eff. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. Sec. (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. Biting animal to be confined; veterinarian to report. MINIMUM STANDARDS FOR RABIES CONTROL. Amended by Acts 2001, 77th Leg., ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 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. (b) Notwithstanding the definition in Section 822.041(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. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. 678, Sec. Acts 2007, 80th Leg., R.S., Ch. No quarantine applies. Acts 2015, 84th Leg., R.S., 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. 14.810, eff. 1, eff. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 1 (S.B. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. HEARING. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 686 (H.B. 44, Sec. Oftentimes, the victim looks to sue for a dog bite. (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. 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. (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. } (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. 1, eff. 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 after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. if (document.images) {document.images[id].src=eval(name+".src"); } 992 (H.B. Sept. 1, 2001. . In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 44, 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. A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sec. 1, eff. (5) "Owner" means a person who owns or has custody or control of the dog. Sec. CERTIFICATE OF REGISTRATION APPLICATION. 5, eff. 1 (S.B. Sec. 822.0411. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. (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. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 1 (S.B. LIMITATION ON LIABILITY. 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 . 976 (S.B. 822.026. 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. 826.048. (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. 1 (S.B. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. May 5, 1995. The owner must place the tag on the dog's collar. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. 2026), Sec. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. 1, eff. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. 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. 1 (S.B. (d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. Sec. 3.1611, eff. Sec. 99, Sec. This applies to both domestic and wild animals. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. REGISTRATION FEE. 822.021. 9, eff. ELECTION RESULT. (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. 1 (S.B. Kennel Cough. function dmim(msgStr) { Added by Acts 1991, 72nd Leg., ch. Sec. It can be reached at 409.643.5720 . (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. SHORT TITLE. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; 219), Sec. Sec. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. APPLICATION TO CERTAIN PROPERTY. 822.013. Acts 2007, 80th Leg., R.S., Ch. 3.1609, 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. 1002, Sec. 1, eff. REGISTRATION; CRIMINAL PENALTY. 916, Sec. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. 1436), Sec. Acts 2015, 84th Leg., R.S., Ch. 3.1622, eff. 826.016. April 2, 2015. Sec. Meeting with a lawyer can help you understand your options and how to best protect your rights. (c) The commissioners court shall determine the amount and time of reimbursement. June 14, 2001. then by law it must be euthanized and tested. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. Sec. Sec. for rabies. 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. Acts 2007, 80th Leg., R.S., Ch. 826.055. (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. 1, eff. 8, eff. 52 (H.B. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. and . Sept. 1, 2001. The fees collected under this section may be used only to administer and enforce this subchapter. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. (E) in conformance with the requirements for enclosures established by the local animal control authority. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and. April 2, 2015. 1, Sec. Animal Control Handbook. (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. 3.1608, eff. Sec. Acts 1989, 71st Leg., ch. September 1, 2007. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. May 5, 1995. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. INSPECTIONS. Renumbered from Health & Safety Code Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 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 (S.B. Sept. 1, 2001. 3.1616, eff. 822.033 and amended by Acts 2003, 78th Leg., ch. Added by Acts 2001, 77th Leg., ch. 3.1598, eff. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. Acts 2007, 80th Leg., R.S., 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. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. (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. VACCINATION; CRIMINAL PENALTY. HEARING. 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. 1728), Sec. (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. April 2, 2015. 678, Sec. Sec. 44, 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. (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. 99, Sec. Sec. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. (c) An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or. 3.1618, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 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. 219), Sec. 1 (S.B. DEFINITIONS. Rabies is a deadly virus with elevated levels in central Texas. (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. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. Sept. 1, 1997. Acts 1989, 71st Leg., ch. 678, Sec. 3.1615, eff. 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. Acts 2015, 84th Leg., R.S., Ch. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 822.004. Sec. 219), Sec. April 2, 2015. 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. Sept. 1, 1989. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. 678, Sec. PROVISION OF VACCINE AND SERUM. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (2) pays an annual registration fee of $50. (3) any other person authorized to take possession of the dog. 2283), Sec. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (A) Biting dog, cat, or ferret. In this chapter: (1) "Animal" means a warm-blooded animal. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Your dog must receive boosters on a regular schedule to remain protected. . 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texas dog bite law quarantine