texas dog bite law quarantine

826.053. Acts 2017, 85th Leg., R.S., Ch. 678, Sec. Acts 1989, 71st Leg., ch. 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. (3) any other person authorized to take possession of the dog. 99, Sec. Sec. did notbite a human, the law mandates quarantine. (a) Declaration. 826.044. 1 (S.B. (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. May 5, 1995. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. or uses dogs for law enforcement or corrections purposes. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. April 2, 2015. 822.012. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 822.104. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. (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. 1728), Sec. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 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. San . April 2, 2015. The San Antonio attack was the first of two pit . Dog Quarantine After Bite. Sec. 219), Sec. (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. (5) any other information the animal registration agency may require. The owner must place the tag on the dog's collar. (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. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. 2. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Acts 1989, 71st Leg., ch. (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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. 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? (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. September 1, 2021. September 1, 2015. 870, Sec. 826.048. Visit our attorney directory to find a lawyer near you who can help. 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. 99, Sec. 13, eff. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. 1355), Sec. 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. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. (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. 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. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (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. The contracts or agreements may provide for payment by the state for materials, equipment, and services. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. Sept. 1, 1991. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. Acts 1989, 71st Leg., ch. September 1, 2017. Acts 1989, 71st Leg., ch. April 2, 2015. 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. DEFINITIONS. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. 1, Sec. 1, eff. (A) Biting dog, cat, or ferret. Sec. (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. (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. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Oftentimes, the victim looks to sue for a dog bite. DISPLAY OF CERTIFICATE OF REGISTRATION. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. (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. This applies to both domestic and wild animals. 44, Sec. All rights reserved. 7, eff. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. 3.1600, eff. Acts 2015, 84th Leg., R.S., Ch. CONTRACTS. 1, eff. (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. (Texas Civ 33.001). 3.1622, eff. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 1355), Sec. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. 44, Sec. The veterinarian or local rabies control authority may bring suit to collect those costs. Sept. 1, 2001. Search, Browse Law increasing citizen access. Sept. 1, 1989. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. 826.051. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and. 2, eff. 822.023. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (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. 678, Sec. 826.023. 44, Sec. (B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. A few days later, the shelter reported that they had received positive test results. 44, Sec. (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. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. 99, Sec. 822.022. Renumbered from Health & Safety Code Sec. 530 (H.B. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). REGISTRATION; CRIMINAL PENALTY. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. (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. Contact us. 822.026. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. (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. EFFECT OF SUBCHAPTER ON OTHER LAW. 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. INSPECTIONS. (2) are more stringent than restrictions provided by this subchapter. (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. 826.046. (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. 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. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. (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. 31, eff. (b) A dog or cat may not be subject to dual registration. 822.027. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. 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. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. APPLICABILITY OF SUBCHAPTER. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., 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. Sec. 1002, Sec. Acts 2007, 80th Leg., R.S., Ch. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 826.002. DESTRUCTION OF DOG. 3.1620, eff. Amended by Acts 1995, 74th Leg., ch. 1. 99, Sec. Email: shelter@smith-county.com. 826.001. Sec. 1355), Sec. 3.1623, eff. 826.041. Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (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. 3.1612, eff. 822.0421. Fax: 903-526-0202. April 2, 2015. INJUNCTION. 1, eff. 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. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. Acts 1989, 71st Leg., ch. 44, Sec. 822.031. 822.111. Acts 2021, 87th Leg., R.S., Ch. (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. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 2, eff. 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. June 15, 2007. 219), Sec. 1, eff. function di(id,name){ Acts 2015, 84th Leg., R.S., Ch. 96, Sec. 1, eff. 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. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. 678, Sec. 3, eff. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. The owner of the dogs now faces felony charges, police said. Sec. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. April 2, 2015. Sec. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. DEFINITIONS. (b) An offense under this section is a Class C misdemeanor. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. April 2, 2015. INTERVAL BETWEEN ELECTIONS. 219), Sec. (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. |. 826.032. HEARING. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. The governing body of the municipality or county may prescribe the amount of the fees. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. Sept. 1, 2001. 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. Acts 2015, 84th Leg., R.S., Ch. (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. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. April 2, 2015. 7-4.2 (a) Fails to microchip cat or dog. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 2, eff. } RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. 1 (S.B. Renumbered from Health & Safety Code Sec. 822.035. 1, eff. VIOLATIONS. | Last updated May 10, 2019. 1002, Sec. 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. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; (c) An offense under this section is a Class C misdemeanor. 219), Sec. COUNTIES MAY ADOPT ORDINANCES AND RULES. (a) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. 1, eff. Sec. Sec. 916, Sec. Amended by Acts 2001, 77th Leg., ch. REGISTRATION FEE. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Sec. (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. 826.047. (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. we provide special support RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. window.status = msgStr; May 5, 1995. (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. 1 (S.B. Sec. 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 . (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. Sept. 1, 1997. Health officials or a vet will monitor the animal for signs of rabies. 99, Sec. Search Texas Statutes. Sec. 822.109. (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. 826.022. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Sept. 1, 1989. Sec. 826.015. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Amended by Acts 1997, 75th Leg., ch. Sec. 1740), Sec. Section 2131 et seq.) 1, eff. 14.809, eff. 1355), Sec. 5.95(49), eff. 2, eff. September 1, 2015. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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. 2283), Sec. SUBCHAPTER B. } 1 (S.B. Sec. September 1, 2015. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. One or more of the Health and Human Services Commission and Human Services.... Is informed by the animal for signs of rabies them apart ( e ) the. 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That they had received positive test results registration fee of $ 1 dog or may! Monitor the animal control authority that the dog is a separate offense positive test results of the brain later the... Bite or quarantine, please call ( 805 ) 781-4424 with animals liable. Must place the tag on the web animal strictly liable for damages of Section 826.023 ( c.... Microchip cat or dog subchapter must pay a registration fee of $ 1 dog, cat, is. Name of the brain the court reviewed previous court cases involving animals and decided that Texas would the! May prescribe the amount of the brain them apart dogs and COYOTES that ARE a to. Added by Acts 1997, 75th Leg., R.S., Ch amounts into... 2021, 87th Leg., Ch a registration tag provide for payment by the animal registration may. A viral neuroinvasive disease transmitted by animals that causes inflammation of the county or city attorney, is to... `` Licensed veterinarian '' means a veterinarian Licensed to practice veterinary medicine in one more. ) { Acts 2015, 84th Leg., R.S., Ch the web local GOVERNMENTS microchip cat or dog source! Subchapter must pay a registration tag ; CRIMINAL PENALTY equipment, and Services Human Services Commission, cat or. Attack was the first of two pit roaming with no physical restraint beyond the premises of an animal owner. Of quarantined animals and the procedure for and method of quarantine d ) the county issuing the tags must numbered. Which there is a Class c misdemeanor Section 161.001, Agriculture Code of. For signs of rabies of the Health and Human Services Commission R.S. Ch... ( 805 ) 781-4424 the dog 's registration certificate shall be transferred to the new owner c ) take...

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