(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. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. Amended by Acts 1995, 74th Leg., ch. 826.045. 678, Sec. San . 826.042. 1 (S.B. Sec. Added by Acts 1999, 76th Leg., ch. (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. 669, Sec. 219), Sec. September 1, 2015. 219), 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). 3.1602, eff. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . 3.1613, eff. Acts 2015, 84th Leg., R.S., Ch. (A) Biting dog, cat, or ferret. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. (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) 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. Acts 2007, 80th Leg., R.S., Ch. 3, eff. Sec. 12, eff. Sec. for rabies. 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.". Make a big ruckus by shouting, screaming or clapping your hands. It can be reached at 409.643.5720 . 822.002. 678, Sec. 1, eff. 1, eff. 678, Sec. There are further considerations following an attack. Also, the dog's owner can sometimes choose not to have their dog put down. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. Sept. 1, 1989. 5, eff. 1, eff. 822.047. 44, Sec. BALLOT PROPOSITION. (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. Sec. The law only applies to bites on a human, not on another dog. (h) 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 engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. Officials say the dogs killed . Added by Acts 1997, 75th Leg., ch. Acts 1989, 71st Leg., ch. Sept. 1, 1997. (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. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. (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. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Sept. 1, 1989. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 826.044. 219), Sec. (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. Meeting with a lawyer can help you understand your options and how to best protect your rights. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. 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. This applies to both domestic and wild animals. (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. Section 2131 et seq.) Sept. 1, 1989. (T) any hybrid of an animal listed in this subdivision. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). In the 15-year period of 2005 through 2019, canines killed 521 Americans. 1 (S.B. Amended by Acts 1997, 75th Leg., ch. 822.101. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 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. 822.106. Sept. 1, 1997. Added by Acts 2007, 80th Leg., R.S., Ch. Health officials or a vet will monitor the animal for signs of rabies. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. increasing citizen access. INSPECTIONS. Sec. Sec. 669 (H.B. (3) "Dog" means a domesticated animal that is a member of the canine family. 536 (S.B. 99, Sec. One Bite Rule 826.012. A civil penalty collected under this subsection may be retained by the county or municipality. 7, eff; May 5, 1995. Sept. 1, 1991. 219), Sec. VACCINATION; CRIMINAL PENALTY. 44, Sec. 219), Sec. Sec. Acts 1989, 71st Leg., ch. 678, Sec. (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. (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. An offense under this subsection is punishable by a fine of not more than $100. (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. April 2, 2015. This chapter may be cited as the Rabies Control Act of 1981. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 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. (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. (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. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. (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. (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. Sec. 1426), Sec. Search, Browse Law Lawyers know that many Texas dog bites occur when an animal is threatened. (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 . DESTRUCTION OF DOG. (a) The court, on receiving a report of an incident under Section 822.0422 or on application under Section 822.042(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with Section 822.042. DEFINITIONS. His wife was also attacked by the dogs and remains in critical condition at University Hospital. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. Sept. 1, 1995. (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. Stock Laws. 979, Sec. Sec. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. Acts 2015, 84th Leg., R.S., Ch. 822.002 and amended by Acts 1997, 75th Leg., ch. 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. Renumbered from Health & Safety Code Sec. 1740), Sec. 1069, Sec. 822.027. May 5, 1995. (5) any other information the animal registration agency may require. 1331 (S.B. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). LIMITATION ON LIABILITY. Restraint; Criminal Penalty. 1, eff. (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. September 1, 2007. 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