(a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. Acts 2015, 84th Leg., R.S., Ch. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. 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. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. Stay up-to-date with how the law affects your life. 7, eff; May 5, 1995. 826.016. September 1, 2015. 219), Sec. 4, eff. Sec. Name 822.0011. 822.106. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. Sec. 3.1614, eff. |. 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. (2) any other information that may help in locating the victim or animal. April 2, 2015. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 The fees collected under this section may be used only to administer and enforce this subchapter. 1, eff. (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 . In 2015, the dogs' owner was sentenced to five years in prison. 2, eff. 826.023. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. 826.034. 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. Sec. Sec. (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. 1 (S.B. Sec. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Sec. May 5, 1995. 3.1617, eff. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . Acts 2015, 84th Leg., R.S., Ch. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. Sec. 1 (S.B. QUARANTINE OF ANIMALS. 822.011. (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. 669 (H.B. Sec. 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. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2003. Sec. 44, Sec. The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. (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. and its subsequent amendments or the regulations adopted under that Act. CRIMINAL PENALTY. Sept. 1, 1989. 1, eff. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. The animal's owner must pay the fee before the animal may be released. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. 669 (H.B. 822.024. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. Sec. (b) Registration is valid for one year from the date of registration. 976 (S.B. Rabies is a deadly virus with elevated levels in central Texas. 669 (H.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. (1) Statewide quarantine. 822.011 and amended by Acts 2003, 78th Leg., ch. 2, eff. (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. 822.003. Added by Acts 2017, 85th Leg., R.S., Ch. 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. 826.046. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. } 1 (S.B. then by law it must be euthanized and tested. 826.021. Sept. 1, 1989. (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. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. DEFENSE. 826.055. All rights reserved. (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. (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. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (3) "Dog" means a domesticated animal that is a member of the canine family. April 2, 2015. 1 (S.B. Sec. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. Sec. 826.043. (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. 1 (S.B. Added by Acts 1997, 75th Leg., ch. Sec. With this ruling Texas became a "one bite rule" state. April 2, 2015. 826.032. 1, eff. DEFINITIONS. and . 678, Sec. Biting animal to be confined; veterinarian to report. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 7, 2021). (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. Renumbered from Health & Safety Code Sec. 1 (S.B. 1 (S.B. 678, Sec. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. The San Antonio attack was the first of two pit . (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. (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. 678, Sec. 826.024. Phone: 903-590-2840. 822.114. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. Added by Acts 1991, 72nd Leg., ch. Sec. 1, eff. It can be reached at 409.643.5720 . The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. 99, Sec. 826.044. (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. Section 2131 et seq.) (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. (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. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. June 15, 2007. 822.021. May 5, 1995. 52 (H.B. There are further considerations following an attack. Sec. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 44, Sec. (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. Acts 1989, 71st Leg., ch. function dm(msgStr) { (e) Acts 2015, 84th Leg., R.S., Ch. Spray the dogs with a garden hose.. (b) The animal control 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. 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. Sept. 1, 1997. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. 822.045. 2. (2) the program established by this chapter and the department rules adopted under this chapter. Sec. (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. Penal Code 398 (2022).) Acts 2015, 84th Leg., R.S., Ch. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. 6, eff. 916, Sec. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. (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. 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. Sec. 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. 3.1609, eff. 1, eff. If the domestic animal is showing clinical signs consistent with rabies . (b) This subchapter does not require a municipality that does not have an animal control office to create that office. (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. Acts 2007, 80th Leg., R.S., Ch. LOCAL RABIES CONTROL PROGRAMS. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. for rabies. 219), Sec. Acts 1989, 71st Leg., ch. Sec. Rabies and Animal Control Order #171. 678, Sec. 1436), Sec. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. (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, eff. 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. Aug. 28, 1995. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. Does the Type of Animal Affect a Bite Injury Case? APPEAL. (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. (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. (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. Sept. 1, 2001. 219), Sec. RULE 169.34. Sec. (1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret shall be quarantined under an order issued by the . 5, eff. Sec. A civil penalty collected under this subsection may be retained by the county or municipality. 1, eff. (f) 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 participating in an organized search and rescue effort at the request of law enforcement. September 1, 2021. 822.116. 2, eff. 1420, Sec. Acts 1989, 71st Leg., ch. The law only applies to bites on a human, not on another dog. (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. SUBCHAPTER B. Sept. 1, 1989. The decision of the county court or county court at law may not be appealed. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (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. Added by Acts 1989, 71st Leg., ch. Sept. 1, 1997. September 1, 2017. April 2, 2015. 669 (H.B. 822.023. 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. REGISTRATION; CRIMINAL PENALTY. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. Sec. 686 (H.B. June 15, 2007. 870, Sec. // The java used for navigation in the Public OM page Fax: 903-526-0202. 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. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. Sec. (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. And this is often the case if the assault is not severe. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 822.108. Sec. 822.112. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. 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. (a) If rabies is known to exist in an area, the department or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic. 3.1639(119), eff. Please try again. September 1, 2007. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. April 2, 2015. Section 826.042 Quarantine of Animals, Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . Sec. June 18, 2005. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. (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. April 2, 2015. 3.1639(121), eff. Copyright 2023, Thomson Reuters. increasing citizen access. Added by Acts 1989, 71st Leg., ch. 678, Sec. 1 (S.B. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 1, Sec. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. Sec. VACCINATION; CRIMINAL PENALTY. Sec. (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. 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. 1355), Sec. Sec. 822.101. Sept. 1, 1991. Firms, Animal Attack and Dog Bite Claim Resources. DEFINITIONS. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. 822.046. 319), Sec. (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. 822.115. (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. This includes animals that already have their rabies shots. 3, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. document.returnValue = false; 678, Sec. Sec. 14.809, eff. (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. (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. September 1, 2007. 822.109. 2, eff. CONTRACTS. 678, Sec. (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. (E) in conformance with the requirements for enclosures established by the local animal control authority. 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. April 2, 2015. 678, Sec. 826.011. Sec. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. 1, eff. Sept. 1, 2001. Email: shelter@smith-county.com. April 2, 2015. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. Sept. 1, 1989. An offense under this subsection is punishable by a fine of not more than $100. 3.1620, eff. Search, Browse Law INTERVAL BETWEEN ELECTIONS. 992 (H.B. 822.002 and amended by Acts 1997, 75th Leg., ch. 822.022. April 2, 2015. SUBCHAPTER B. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sept. 1, 2001. (5) "Department" means the Department of State Health Services. Visit our attorney directory to find a lawyer near you who can help. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 916, Sec. 1069, Sec. // LiaJavaInput 219), Sec.