678, Sec. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. Acts 2015, 84th Leg., R.S., Ch. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Section 2131 et seq.) 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Acts 2015, 84th Leg., R.S., Ch. Animal Control Handbook. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. May 5, 1995. 536 (S.B. 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. document.returnValue = true; (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. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. Acts 2015, 84th Leg., R.S., Ch. No anti-rabies prophylaxis is needed. Remember, state dog bite laws are a combination of local and state laws and are subject to change. Contact us. 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. 1, eff. Please try again. Renumbered from Health & Safety Code Sec. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. 14.810, eff. 826.047. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Kennel Cough. 822.0423. 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. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. (a) Declaration. Sec. 678, Sec. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 1 (S.B. 822.023. 669 (H.B. Name keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. // LiaJavaInput . 3, eff. No quarantine applies. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. (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. 219), Sec. 1, eff. Sec. May 5, 1995. (h) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. (a) A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Acts 2015, 84th Leg., R.S., Ch. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 1, eff. 1436), Sec. (b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. Sec. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. 822.0411. Acts 2015, 84th Leg., R.S., Ch. | More (T) any hybrid of an animal listed in this subdivision. 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. San . Acts 1989, 71st Leg., ch. (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. (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. 1, eff. Sec. 3340), Sec. 1, eff. 1, eff. 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? 678, Sec. Acts 2021, 87th Leg., R.S., Ch. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 1. Sec. 6, eff. (a) It shall be unlawful for any person owning or having in his possession any dog to allow such dog to be at large without the owner or person in charge thereof having direct physical control over such dog. It can be reached at 409.643.5720 . All rights reserved. if (document.images) { (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. With this ruling Texas became a "one bite rule" state. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. 8, eff. 822.004. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. did notbite a human, the law mandates quarantine. 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. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. We will always provide free access to the current law. (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. 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. (b) Registration is valid for one year from the date of registration. 1, eff. The email address cannot be subscribed. This chapter may be cited as the Rabies Control Act of 1981. June 18, 2005. 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. 1, eff. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Sec. 3, eff. (b) Municipal ordinances or rules adopted under this section supersede ordinances or rules adopted by the county in which the municipality is located, this chapter, and the department rules adopted under this chapter within that municipality so that multiple enforcement will not occur. ELECTION RESULT. It is kept quarantined until the clinical signs of rabies have resolved. 1, eff. 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). April 2, 2015. SUBCHAPTER B. Location: (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. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 3.1639(121), eff. 822.029. 686 (H.B. 826.021, TAC-169.29, CD6-Sec. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 44, Sec. 7-4.2 (a) Fails to microchip cat or dog. (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. (1) Statewide quarantine. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. The owner shall pay any cost incurred in seizing the dog. (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. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. APPEAL. 5, eff. (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. 826.033. 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. 826.015. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. DETERMINATION THAT DOG IS DANGEROUS. 1355), Sec. 822.005. Oftentimes, the victim looks to sue for a dog bite. RELOCATION OR DISPOSITION OF ANIMAL. 1355), Sec. Sept. 1, 1999. (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. 678, Sec. Sec. April 2, 2015. DOGS OR COYOTES THAT ATTACK ANIMALS. (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. 1, eff. Sept. 1, 1989. RULE 169.34. increasing citizen access. Stock Laws. Learn more about FindLaws newsletters, including our terms of use and privacy policy. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. 319), Sec. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. 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. Acts 2015, 84th Leg., R.S., Ch. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. (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. 8, eff. 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. 219), Sec. (c) A person commits an offense if the person distributes information that is confidential under this section. Biting animal to be confined; veterinarian to report. BALLOT PROPOSITION. Sept. 1, 1991. 826.002. 826.045. (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, 2015. (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. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. we provide special support Sec. The law . September 1, 2007. 1, eff. (12) "Livestock" means an animal raised for human consumption or an equine animal. Sec. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. Amended by Acts 2001, 77th Leg., ch. 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. 1, eff. 3.1615, eff. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Sec. HEARING. In 2015, the dogs' owner was sentenced to five years in prison. September 1, 2007. Sec. Sec. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. Sec. (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. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. 4, eff. Added by Acts 1989, 71st Leg., ch. 678, Sec. September 1, 2007. 1, Sec. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. April 2, 2015. 822.003. Sec. This includes animals that already have their rabies shots. 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