(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. 3, eff. 44, Sec. (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. Renumbered from Health & Safety Code Sec. 1, eff. (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. (5) the injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. Added by Acts 1989, 71st Leg., ch. 826.048. Added by Acts 2007, 80th Leg., R.S., Ch. 1, eff. (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. You can be held civilly or criminally liable. (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. 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. (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. 1, eff. (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. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. April 2, 2015. 1 (S.B. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. 99, Sec. 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). Sept. 1, 1989. 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. Also, the dog's owner can sometimes choose not to have their dog put down. (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. September 1, 2017. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 5, eff. 1 (S.B. A civil penalty collected under this subsection may be retained by the county or municipality. April 2, 2015. 822.001 and amended by Acts 1997, 75th Leg., ch. Section 2131 et seq.) 826.002. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. 3.1622, eff. 7-4.2 (a) Fails to microchip cat or dog. 530 (H.B. If the victim is deemed to be more than 50% at fault, there is no liability. 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. 822.046. 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. } Sec. Renumbered from Health & Safety Code Sec. Sec. 219), 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. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. (T) any hybrid of an animal listed in this subdivision. Sec. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (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. 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. Sept. 1, 1989. (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. 219), Sec. 826.021, TAC-169.29, CD6-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. 826.044. (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. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. (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. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. Acts 2015, 84th Leg., R.S., Ch. Sec. 826.042. 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. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. Amended by Acts 1995, 74th Leg., ch. Location: (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. 219), Sec. 219), Sec. HEARING. (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. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. Sept. 1, 1989. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. 3. DISPLAY OF CERTIFICATE OF REGISTRATION. Sec. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (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. 76, Sec. (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. September 1, 2007. May 5, 1995. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). 219), Sec. 44, Sec. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 3.1613, 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. (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. 96, Sec. (5) "Department" means the Department of State Health Services. Sec. Sec. April 2, 2015. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 44, Sec. Rule 3701-3-29. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . 99, Sec. Sec. QUARANTINE OF ANIMALS. and . (b) A person who violates this section commits an offense. 826.014. //-->. 822.022. 678, Sec. 8, eff. April 2, 2015. Sec. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. (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. SUBCHAPTER B. 916, 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. 1, eff. (b) The suit shall be brought in a district court in the county in which the facility is located. April 2, 2015. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 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. and its subsequent amendments. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 31, eff. 8, eff. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. 870, Sec. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 1, eff. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. 2, eff. Acts 1989, 71st Leg., ch. (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. 826.025. 1, eff. 99, Sec. In this chapter: (1) "Animal" means a warm-blooded animal. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. 822.011 and amended by Acts 2003, 78th Leg., ch. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 822.0411. 1, eff. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 1, eff. (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. Chapter: ( 1 ) `` DEPARTMENT '' means any person who violates this section commits an offense ). 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