The decision of the county court or county court at law may not be appealed. or uses dogs for law enforcement or corrections purposes. 3.1611, eff. The fees collected under this section may be used only to administer and enforce this subchapter. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general (B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. 1, eff. 822.046. (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. 822.042. Sec. Sept. 1, 1989. 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. 826.047. 1 (S.B. Rule 3701-3-29. (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. April 2, 2015. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. Added by Acts 1991, 72nd Leg., ch. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. 822.007. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. April 2, 2015. 536 (S.B. (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. 678, Sec. 822.116. window.status = msgStr; 3.1598, eff. Amended by Acts 1995, 74th Leg., ch. 99, Sec. document.returnValue = true; Acts 1989, 71st Leg., ch. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. DETERMINATION THAT DOG IS DANGEROUS. The owner must place the tag on the dog's collar. April 2, 2015. Sec. 1728), Sec. (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. (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. 3.1601, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. Acts 1989, 71st Leg., ch. Sec. 669 (H.B. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. In addition, (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. 822.011. 826.044. 678, Sec. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be (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. 1, eff. 219), Sec. 822.044. 3. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 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. 822.002. HEARING. 3, eff. 822.013. (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. 826.033. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. There are further considerations following an attack. 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. 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. Added by Acts 2015, 84th Leg., R.S., Ch. (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. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. 822.0011. 1, eff. Sept. 1, 1997. 822.001. (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. Sec. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. September 1, 2007. 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. September 1, 2015. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 319), Sec. Sec. 826.024. Amended by Acts 1995, 74th Leg., ch. 899 (H.B. Sept. 1, 1997. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. April 2, 2015. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 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. 1 (S.B. A civil penalty collected under this subsection may be retained by the county or municipality. 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. 1355), Sec. Amended by Acts 1995, 74th Leg., ch. 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. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 1, eff. Sec. June 18, 2005. (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. Acts 2015, 84th Leg., R.S., Ch. 1436), Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 1 (S.B. Amended by Acts 1997, 75th Leg., ch. Sec. CONTRACTS. Sept. 1, 2001. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. Section 2131 et seq.) PETITION FOR ELECTION. 686 (H.B. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. 1002, Sec. 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. 822.111. Amended by Acts 1995, 74th Leg., ch. 3.1599, eff. 826.021. AREA RABIES QUARANTINE. (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. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. (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. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. 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. Restraint; Criminal Penalty. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (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. Acts 1989, 71st Leg., ch. (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. 2, eff. Amended by Acts 2001, 77th Leg., ch. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 319), 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. Fax: 903-526-0202. 219), Sec. In most cases, the quarantine/observation may be in your home. (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 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. (Texas Civ 33.001). (12) "Livestock" means an animal raised for human consumption or an equine animal. (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. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. 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. 219), Sec. Rabies is a deadly virus with elevated levels in central Texas. 1436), Sec. Acts 1989, 71st Leg., ch. Sec. Acts 2007, 80th Leg., R.S., Ch. No anti-rabies prophylaxis is needed. 44, Sec. 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. Report an Animal Bite. (b) An offense under this section is a Class C misdemeanor. (a) The fee collected for the registration of a dog shall be deposited to the credit of a special fund of the county and used only to: (1) defray the cost of administering this subchapter in the county, including the costs of registration and the identification tags; and. 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. Renumbered from Health & Safety Code Sec. 1355), Sec. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. April 2, 2015. } Your dog must receive boosters on a regular schedule to remain protected. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 7, 2021). September 1, 2007. 678, 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. 219), Sec. 822.002 and amended by Acts 1997, 75th Leg., ch. 822.012. DEFINITIONS. (2) any other information that may help in locating the victim or animal. (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. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. Visit our attorney directory to find a lawyer near you who can help. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. (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. CIVIL PENALTY. States that do not have a strict liability statute when it comes to dog attacks usually . 96, Sec. Sec. 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. Stock Laws. BALLOT PROPOSITION. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. REGISTRATION TAGS AND CERTIFICATE. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. Sec. 1 (S.B. Search Texas Statutes. 678, Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 530 (H.B. 1, eff. 3, eff. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. September 1, 2015. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (2) the requirements for animal control officer training adopted under Chapter 829. 979, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. then by law it must be euthanized and tested. 822.0423. 822.102. Sec. 1, eff. 219), Sec. 822.113. Sept. 1, 1989. 219), Sec. 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. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. By law it must be euthanized and tested owner of a dog CAUSING of. 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