44, Sec. 1 (S.B. April 2, 2015. HEARING. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. Added by Acts 1991, 72nd Leg., ch. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 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. Sept. 1, 2001. (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. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. April 2, 2015. (last accessed Jun. (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. 1355), Sec. 822.045. 822.026. 916, Sec. Acts 2015, 84th Leg., R.S., Ch. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . 826.051. if (showMsg) { 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. 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. (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. April 2, 2015. Sec. 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. Acts 2007, 80th Leg., R.S., Ch. 2, eff. 870, Sec. Renumbered from Health & Safety Code Sec. A governmental entity or person that receives the information 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. 822.031. 826.021. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. 822.002 and amended by Acts 1997, 75th Leg., ch. Sec. Acts 1989, 71st Leg., ch. 678, Sec. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 219), Sec. September 1, 2007. 826.0211. ATTACK BY DANGEROUS DOG. 2026), Sec. May 17, 1999. Sec. 1, eff. 8, eff. (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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sept. 1, 1989. 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). Added by Acts 2017, 85th Leg., R.S., Ch. 14.810, eff. Sec. 99, Sec. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. 1 (S.B. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. The log must: (3) describe the type or nature of treatment; and. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. 3340), Sec. Sec. Amended by Acts 1995, 74th Leg., ch. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (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. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. VIOLATIONS. Sec. April 2, 2015. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. 822.025. and its subsequent amendments. (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. (e) 678, Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. Amended by Acts 1995, 74th Leg., ch. | More 3.1612, eff. Sec. Amended by Acts 1995, 74th Leg., ch. and . 3.1618, eff. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Original Source: 678, Sec. (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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 822.0422. Statewide Quarantine. Added by Acts 2007, 80th Leg., R.S., Ch. if (document.images) { 1 (S.B. (2) any other information that may help in locating the victim or animal. (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. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. (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. 822.113. 219), Sec. 14, eff. 1, eff. Acts 1989, 71st Leg., ch. 3.1617, eff. 1, eff. Search, Browse Law Amended by Acts 1995, 74th Leg., ch. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 826.041. 678, Sec. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. Added by Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. (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. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. The fees collected under this section may be used only to administer and enforce this subchapter. Animal Control Handbook. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. 4, eff. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. September 1, 2007. (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. (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 . document.returnValue = true; (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. CONTRACTS. (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. We will always provide free access to the current law. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. 822.114. April 2, 2015. USE AND SALE OF RABIES VACCINE. 1, eff. 219), Sec. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. Acts 2007, 80th Leg., R.S., Ch. There are further considerations following an attack. Stock Laws. Acts 2015, 84th Leg., R.S., Ch. (2) pays an annual registration fee of $50. 2283), Sec. Sec. Amended by Acts 1995, 74th Leg., ch. 1, eff. 3.1609, eff. 669 (H.B. 3.1605, eff. Acts 1989, 71st Leg., ch. } LIMITATION ON LIABILITY. window.status = msgStr; SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. This chapter may be cited as the Rabies Control Act of 1981. And this is often the case if the assault is not severe. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. (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. May 5, 1995. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 1, eff. 2283), Sec. One Bite Rule SUBCHAPTER A. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. 1, eff. function di(id,name){ 822.115. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. RULE 169.34. REPORTS OF RABIES. Acts 2015, 84th Leg., R.S., Ch. 822.004 and amended by Acts 1997, 75th Leg., ch. 669 (H.B. 826.021, TAC-169.29, CD6-Sec. 12, eff. 3.1619, eff. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 826.053. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 1, eff. Acts 1989, 71st Leg., ch. 3.1611, eff. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. 44, Sec. (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. (12) "Livestock" means an animal raised for human consumption or an equine animal. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. Sec. 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. 1 (S.B. 822.027. 1, eff. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. (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. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. Sept. 1, 1989. (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. 822.105. (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. 1 (S.B. APPLICABILITY OF SUBCHAPTER. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. Sept. 1, 1989. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. September 1, 2007. if (document.images) { 822.001. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 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. Amended by Acts 1995, 74th Leg., ch. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. April 2, 2015. Sec. 1, eff. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. (g) 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 dog show or event sponsored by a nationally recognized or state-recognized kennel club. 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. Sept. 1, 1989. 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. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. 822.043. Sec. DETERMINATION THAT DOG IS DANGEROUS. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. Acts 2015, 84th Leg., R.S., Ch. May 21, 2015. (5) "Department" means the Department of State Health Services. (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. CIVIL PENALTY. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. INTERVAL BETWEEN ELECTIONS. 1436), Sec. function dmim(msgStr) { 9, eff. (C) does not otherwise adversely affect the overall welfare of the animal involved. (A) Biting dog, cat, or ferret. 1 (S.B. Sec. Firms, Animal Attack and Dog Bite Claim Resources. (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. Acts 2007, 80th Leg., R.S., Ch. 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 Acts 1989, 71st Leg., ch. 1 (S.B. Sept. 1, 1989. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. Amended by Acts 1995, 74th Leg., ch. did notbite a human, the law mandates quarantine. 822.0012. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. Sept. 1, 1989. 1 (S.B. In most cases, the quarantine/observation may be in your home. 822.0423. 822.029. April 2, 2015. 1 (S.B. 826.018. 1235 (H.B. 3.1610, eff. //-->. 6, eff. 1 (S.B. 219), Sec. September 1, 2015. (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. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. . Sept. 1, 2001. Sept. 1, 1989. 5.95(49), eff. HEARING. Sept. 1, 1997. May 17, 1999. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. Acts 2007, 80th Leg., R.S., Ch. 3.1621, eff. Acts 2015, 84th Leg., R.S., Ch. 916, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (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. 3.1616, eff. Sec. 826.016. All rights reserved. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. (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. (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. Which there is a separate offense and the procedure for and method of quarantine governing testing... ) does not otherwise adversely affect the overall welfare of the enforcing agency Leg.. { 7-4.1 ( a ) Biting dog, cat, or ferret held in quarantine 10! 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