The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. 3.1610, eff. Sec. 1, eff. 822.012. 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. 1, eff. Renumbered from Health & Safety Code Sec. 826.014. (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 . Sec. 5, eff. HEARING. Sept. 1, 1989. 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. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Acts 1989, 71st Leg., ch. (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. Sec. Acts 2015, 84th Leg., R.S., Ch. May 5, 1995. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 979, Sec. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. 822.035. ELECTION RESULT. 1, eff. (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. September 1, 2021. 1, eff. Acts 1989, 71st Leg., ch. 219), Sec. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (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. (A) Biting dog, cat, or ferret. 219), Sec. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. Sept. 1, 2001. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. The email address cannot be subscribed. (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. (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. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. May 5, 1995. 678, Sec. 3.1617, eff. 826.042. If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. 822.042. 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. Sept. 1, 1989. 219), Sec. Acts 1989, 71st Leg., ch. 1, Sec. (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. 976 (S.B. Notice of such order shall be given by publication . 219), Sec. 822.006. May 17, 1999. 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. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1991. Sec. (c) The local rabies control authority shall investigate a report filed under this section. Phone: 903-590-2840. To claim livestock, call the Low Risk Animal Control. (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. (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. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Sec. 99, Sec. 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. 1562), Sec. States that do not have a strict liability statute when it comes to dog attacks usually . NOTICE. 822.116. (c) A person commits an offense if the person distributes information that is confidential under this section. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. Sec. 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. 822.0423. Sept. 1, 1999. 1, eff. September 1, 2017. 1436), Sec. No quarantine applies. (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. 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 . 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. (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. // function that displays status bar message (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. 826.023. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 4, eff. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. (1) Statewide quarantine. 219), Sec. 1, eff. 1420, Sec. 822.0012. 826.051. 822.001. function di(id,name){ 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 (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. 1 (S.B. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. 1 (S.B. (a) Declaration. (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. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 2, eff. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Section 2131 et seq.) Acts 1989, 71st Leg., ch. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. 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. 822.003. If the domestic animal is showing clinical signs consistent with rabies . 3.1609, eff. (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. Aug. 28, 1995. The San Antonio attack was the first of two pit . 1, eff. (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. Sept. 1, 1997. 1, eff. (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. 3.1624, eff. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Sec. Added by Acts 1995, 74th Leg., ch. (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. 822.025. HEARING. 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. 678, Sec. 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. 44, Sec. Sec. April 2, 2015. All rights reserved. 1 (S.B. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 2283), Sec. (4) provide the name of the attending veterinarian, if applicable. 219), Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 916, Sec. Acts 2007, 80th Leg., R.S., Ch. 822.107. 669 (H.B. 826.015. (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. Sept. 1, 1989. Visit our attorney directory to find a lawyer near you who can help. document.returnValue = true; 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. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. Sept. 1, 1989. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 1 (S.B. 219), Sec. April 2, 2015. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. Stay up-to-date with how the law affects your life. (2) any other information that may help in locating the victim or animal. 1, eff. PROVISION OF VACCINE AND SERUM. CONTRACTS. 1 (S.B. The owner of the dogs now faces felony charges, police said. September 1, 2007. In addition, (5) any other information the animal registration agency may require. (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. (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. 99, Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. April 2, 2015. 3.1605, eff. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (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. 14.810, eff. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. 7, 2021). Sec. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 1, eff. (Texas Civ 33.001). 3.1620, eff. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. Sept. 1, 1989. 826.048. Added by Acts 1997, 75th Leg., ch. 5, eff. (e) 822.023. Sept. 1, 2001. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. Sept. 1, 2003. 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. Sept. 1, 1989. The decision of the county court or county court at law may not be appealed. 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. If the victim is deemed to be more than 50% at fault, there is no liability. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? Acts 1989, 71st Leg., ch. 8, eff. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. 1, 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. 822.0011. 1 (S.B. (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. Officials say the dogs killed . (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 1, eff. (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. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. 822.001 and amended by Acts 1997, 75th Leg., ch. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. 822.115. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. Amended by Acts 1999, 76th Leg., ch. function dmim(msgStr) { //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 826.021. 1, eff. 826.041. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. 54, 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. 219), Sec. 678, Sec. 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. April 2, 2015. 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