DISPLAY OF CERTIFICATE OF REGISTRATION. April 2, 2015. 219), Sec. Sec. April 2, 2015. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. Renumbered from Health & Safety Code Sec. (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. Section 826.042 Quarantine of Animals, May 17, 1999. RULE 169.34. 3, eff. OFFENSE AND PENALTY. Acts 1989, 71st Leg., ch. 3.1624, eff. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. 4, eff. (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. Amended by Acts 1995, 74th Leg., ch. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. Meeting with a lawyer can help you understand your options and how to best protect your rights. (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. 1, eff. (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. (c) The commissioners court shall determine the amount and time of reimbursement. (b) The suit shall be brought in a district court in the county in which the facility is located. Remember, state dog bite laws are a combination of local and state laws and are subject to change. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Sept. 1, 1989. The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. for rabies. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. (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. 1, eff. Visit our attorney directory to find a lawyer near you who can help. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. 99, Sec. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. April 2, 2015. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. 219), Sec. 2, eff. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 826.052. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. 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? 826.015. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. The fees collected under this section may be used only to administer and enforce this subchapter. September 1, 2017. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. Sec. LIABILITY INSURANCE. 916, Sec. 8, eff. 530 (H.B. 99, Sec. Sec. April 2, 2015. It can be reached at 409.643.5720 . (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. September 1, 2005. (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. (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. (1) the name and address of the victim and of the animal's owner, if known; and. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". if (document.images) { September 1, 2007. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. (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. April 2, 2015. 822.027. 1331 (S.B. Sec. 826.043. Sec. 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. The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). (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. 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. (b) Notwithstanding the definition in Section 822.001(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. 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. 44, Sec. Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. Acts 2015, 84th Leg., R.S., Ch. (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. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. (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. 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. 1 (S.B. April 2, 2015. increasing citizen access. 826.053. 1, eff. April 2, 2015. 678, Sec. Sept. 1, 2003. for non-profit, educational, and government users. 1562), Sec. Below you will find a list of dog bite laws in all 50 states and the District of Columbia, including state statutes, whether a state holds owners strictly liable for dog bite injuries, and any additional provisions. (c) An applicant shall include with each application: (2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107; (3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed; (4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and. (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. No quarantine applies. 1355), Sec. This is the main section that was updated in the latest revision of Order 171. 678, Sec. BALLOT PROPOSITION. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. Acts 2015, 84th Leg., R.S., Ch. 1436), Sec. Acts 1989, 71st Leg., ch. INTERVAL BETWEEN ELECTIONS. Added by Acts 2017, 85th Leg., R.S., Ch. (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. Aug. 28, 1995. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. (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. Acts 1989, 71st Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 3.1605, eff. (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. 1, eff. 826.024. 1 (S.B. if (showMsg) { Sept. 1, 1997. 1, eff. Sec. 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. May 5, 1995. Oftentimes, the victim looks to sue for a dog bite. Sept. 1, 1989. Added by Acts 1991, 72nd Leg., ch. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Sec. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. 678, Sec. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. (2) the program established by this chapter and the department rules adopted under this chapter. 1 (S.B. (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. 3.1618, eff. (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. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. 1, eff. 7, eff; May 5, 1995. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. Section 2131 et seq.) Sept. 1, 1989. No anti-rabies prophylaxis is needed. Sec. 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. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. Sec. (2) the requirements for animal control officer training adopted under Chapter 829. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 1, eff. 826.017. 2, eff. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (4) provide the name of the attending veterinarian, if applicable. MINIMUM STANDARDS FOR RABIES CONTROL. 822.109. Acts 1989, 71st Leg., ch. Report an Animal Bite. (E) in conformance with the requirements for enclosures established by the local animal control authority. September 1, 2007. Statewide Quarantine. 219), Sec. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. 5, eff. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, eff. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. (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) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. 1, eff. 219), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 2, eff. 1069, Sec. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Penal Code 398 (2022).) If the domestic animal is showing clinical signs consistent with rabies . 13, eff. 219), 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. DEFINITIONS. September 1, 2007. Acts 1989, 71st Leg., 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. 3.1612, eff. 3.1614, eff. Copyright 2023, Thomson Reuters. Sec. Amended by Acts 1995, 74th Leg., ch. (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. 2, eff. 822.035. (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. 219), 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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. (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. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. Acts 1989, 71st Leg., ch. Renumbered from Health & Safety Code Sec. Added by Acts 1989, 71st Leg., ch. Email: shelter@smith-county.com. The governing body of the municipality or county may prescribe the amount of the fees. September 1, 2017. Sept. 1, 1997. 1 (S.B. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. 822.023. Acts 2015, 84th Leg., R.S., Ch. (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. (5) "Owner" means a person who owns or has custody or control of the dog. Sept. 1, 1995. 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. REGISTRATION. Please try again. 319), Sec. 5, eff. 1 (S.B. 3.1598, eff. Please make sure your pets are vaccinated against this terrible disease. 822.011. 678, Sec. May 17, 1999. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. 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. " 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. 916, Sec. 822.106. 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. May 5, 1995. RESTRAINT; CRIMINAL PENALTY. 1355), Sec. Added by Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. Acts 2015, 84th Leg., R.S., Ch. 52 (H.B. States that do not have a strict liability statute when it comes to dog attacks usually . Sec. 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. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. SUBCHAPTER B. VACCINATION OF DOGS AND CATS REQUIRED. Sec. 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. (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. 219), Sec. function dmim(msgStr) { 1, eff. 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