Remember, state dog bite laws are a combination of local and state laws and are subject to change. Section 2131 et seq.) entrepreneurship, were lowering the cost of legal services and Amended by Acts 1995, 74th Leg., ch. 2, eff. 3.1598, eff. we provide special support (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. May 17, 1999. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. 1 (S.B. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. Sec. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. An offense under this subsection is punishable by a fine of not more than $100. 1, eff. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. Acts 1989, 71st Leg., ch. 1, eff. 1728), 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. (b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in this state unless the person is: (1) licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine; or. Renumbered from Health & Safety Code Sec. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. May 5, 1995. Oftentimes, the victim looks to sue for a dog bite. (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. 826.031. 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). An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. (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. (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. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . May 5, 1995. 219), Sec. 822.025. 1, eff. April 2, 2015. Pit bulls contributed to 66% (346) of these deaths. Acts 2007, 80th Leg., R.S., Ch. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Sept. 1, 1989. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . | More 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. 99, Sec. and . (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. 822.042. Sec. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Sept. 1, 1997. 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. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (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. April 2, 2015. 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 Health officials or a vet will monitor the animal for signs of rabies. 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. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 1 (S.B. 1, eff. window.status = msgStr; (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. 6, eff. (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. 1, eff. September 1, 2015. Sept. 1, 1995. 678, Sec. . INTERVAL BETWEEN ELECTIONS. Sept. 1, 1997. 1728), Sec. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. 678, Sec. 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. SUBCHAPTER B. April 2, 2015. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. (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. Acts 2015, 84th Leg., R.S., Ch. 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. Added by Acts 1997, 75th Leg., ch. Created byFindLaw's team of legal writers and editors DESTRUCTION OF DOG. if (document.images) { AREA RABIES QUARANTINE. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. The owner must place the tag on the dog's collar. 14.810, eff. (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. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. Sec. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. Sec. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. (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. 3.1639(119), eff. 2, eff. 54, Sec. 7, 2021). (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. 826.024. (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. LOCAL RABIES CONTROL PROGRAMS. Acts 2015, 84th Leg., R.S., Ch. September 1, 2015. CERTIFICATE OF REGISTRATION; FEES. (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. (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. 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. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 319), Sec. Please try again. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 219), Sec. Sec. Sec. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. Sept. 1, 1989. And this is often the case if the assault is not severe. 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. 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. 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. 916, Sec. ATTACK BY DANGEROUS DOG. April 2, 2015. 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. (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. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. April 2, 2015. 44, Sec. // The java used for navigation in the Public OM page 669, Sec. 822.0411. 822.113. (3) "Dog" means a domesticated animal that is a member of the canine family. 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. Acts 2015, 84th Leg., R.S., Ch. 44, Sec. (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. 822.003 by Acts 1997, 75th Leg., ch. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. 826.002. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . 1331 (S.B. Report an Animal Bite. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; (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. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (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. 1, eff. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. (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. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. Sec. // Added by Acts 1991, 72nd Leg., ch. 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. Acts 1989, 71st Leg., ch. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 826.047. 7, eff. Please make sure your pets are vaccinated against this terrible disease. (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. 822.003. Statewide Quarantine. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. Acts 2015, 84th Leg., R.S., Ch. CERTIFICATE OF REGISTRATION APPLICATION. VACCINATION; CRIMINAL PENALTY. Sec. 2. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. 2, eff. 3.1599, eff. 826.051. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . April 2, 2015. (b) Registration is valid for one year from the date of registration. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (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. (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. April 2, 2015. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. Restraint; Criminal Penalty. 1355), Sec. 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. 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. Sec. Sec. 826.048. Sec. 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. Sec. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. (d) Except as provided by Subsection (e), the veterinarian or local rabies control authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. (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. 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. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Amended by Acts 1995, 74th Leg., ch. (b) A dog or cat may not be subject to dual registration. Amended by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. 826.021, TAC-169.29, CD6-Sec. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. 219), Sec. 3.1609, eff. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. Ramon Najera, an 81-year-old . 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. 3. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. April 2, 2015. 822.043. if (showMsg) { 1 (S.B. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. APPLICABILITY OF SUBCHAPTER. Acts 2015, 84th Leg., R.S., Ch. Spray the dogs with a garden hose.. 99, Sec. Sept. 1, 1999. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. Acts 2015, 84th Leg., R.S., Ch. (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. 1, eff. 1002, Sec. 1420, Sec. Sec. (c) The commissioners court shall determine the amount and time of reimbursement. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. 1. Acts 1989, 71st Leg., ch. DETERMINATION THAT DOG IS DANGEROUS. (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. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. 219), Sec. 1. 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. 530 (H.B. (E) in conformance with the requirements for enclosures established by the local animal control authority. 1 (S.B. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Sec. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. By Cuteness Team. (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. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 1069, Sec. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. September 1, 2007. 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 Sept. 1, 1989. 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. 1, eff. 669 (H.B. 2, eff. 5, eff. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. (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. 99, Sec. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. Sec. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. 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