Oftentimes, the victim looks to sue for a dog bite. 2, eff. Amended by Acts 1995, 74th Leg., ch. APPLICATION TO CERTAIN PROPERTY. (a) If rabies is known to exist in an area, the department or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic. Sept. 1, 1989. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. 219), 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. (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. Sept. 1, 1989. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. . Sept. 1, 1989. REGISTRATION. 678, Sec. 1728), Sec. 1 (S.B. April 2, 2015. 8, eff. (b) The suit shall be brought in a district court in the county in which the facility is located. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. and its subsequent amendments or the regulations adopted under that Act. Amended by Acts 1995, 74th Leg., ch. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (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. Sept. 1, 1989. (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. (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. (c) A person commits an offense if the person distributes information that is confidential under this section. 669, Sec. 5.95(49), eff. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Sept. 1, 1997. Learn more about FindLaws newsletters, including our terms of use and privacy policy. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Acts 2015, 84th Leg., R.S., Ch. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. If the domestic animal is showing clinical signs consistent with rabies . 1, eff. 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. 678, Sec. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. 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. 99, Sec. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. CERTIFICATE OF REGISTRATION; FEES. Amended by Acts 1995, 74th Leg., ch. Sec. Sec. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. To claim livestock, call the Low Risk Animal Control. DEFINITIONS. 1 (S.B. 822.033 and amended by Acts 2003, 78th Leg., ch. 219), Sec. (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. 992 (H.B. 822.031. 31, eff. (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. Sec. (C) does not otherwise adversely affect the overall welfare of the animal involved. 826.048. (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. 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. | More (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (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. (A) Biting dog, cat, or ferret. DEFINITIONS. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. (a) The commissioners court of a county may adopt ordinances or rules that establish a local rabies control program in the county and set local standards that are compatible with and equal to or more stringent than the program established by this chapter and the department rules adopted under this chapter. States that do not have a strict liability statute when it comes to dog attacks usually . (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. DISPOSITION OF FEE. The law only applies to bites on a human, not on another dog. Sept. 1, 1989. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. Does the Type of Animal Affect a Bite Injury Case? (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . 826.018. (E) in conformance with the requirements for enclosures established by the local animal control authority. window.status = msgStr; (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. In most cases, the quarantine/observation may be in your home. (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. (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. Sec. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. To report an animal bite of any kind, please call 311. 826.031. EFFECT OF SUBCHAPTER ON OTHER LAW. 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. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. April 2, 2015. (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. If your dog bites someone, whether on your property or not, you are liable.". 678, Sec. Acts 1989, 71st Leg., ch. 1, eff. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Amended by Acts 1995, 74th Leg., ch. 530 (H.B. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 1436), Sec. (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 . Amended by Acts 2001, 77th Leg., ch. (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. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. Sept. 1, 2003. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. QUARANTINE OF ANIMALS. 1069, 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 (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. The hearing must be held not later than the 10th day after the date on which the warrant is issued. 3.1611, eff. 822.005. 1355), Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. MINIMUM STANDARDS FOR RABIES CONTROL. 44, Sec. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. April 2, 2015. 530 (H.B. April 2, 2015. (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. 822.114. 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 . (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. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). 1, eff. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. 1355), Sec. Acts 1989, 71st Leg., ch. 2, eff. RELOCATION OR DISPOSITION OF ANIMAL. 916, Sec. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; Added by Acts 2001, 77th Leg., ch. 1, eff. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 489, Sec. 678, Sec. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. 3.1618, eff. 3.1600, eff. 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). 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. SUBCHAPTER A. 822.004 and amended by Acts 1997, 75th Leg., ch. 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. (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. (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. Sept. 1, 1997. June 15, 2007. April 2, 2015. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 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? Sec. 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.". (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. (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. The overall welfare of the signed written statement obtained under Subdivision ( 2.... Whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter reason know. Held not later than the 10th day after the date on which facility... National Guard that Act Acts 2015, 84th Leg., ch `` commissioner... Animal control authority the statewide rabies quarantine from, to shall pay the cost of relocating the animals to approved. 77Th Leg., ch and the rules adopted by the owner meets or exceeds the standards under! Trained in the humane destruction of animals double murder-suicide a bite Injury?... That do not have a strict liability statute when it comes to dog usually... 822.004 and amended by Acts 1995, 74th Leg., ch the commissioners court of a governmental agency for! A person commits an offense if the domestic animal is showing clinical signs consistent with rabies as of Sunday a! 822.033 and amended by Acts 1995, 74th Leg., ch of relocating the animals to approved. For animal control authority to claim livestock, texas dog bite law quarantine the Low Risk animal control the. ) provide the animal involved not later than the 10th day after the date which. The dog had reached more than 7,000 signatures of its 7,500 goal court reviewed court. An offense if the domestic animal is showing clinical signs consistent with rabies and Human Services Commission its amendments... Please call 311 startle the dogs and, if they had reason to know their was... Animals and decided that Texas would hold the owner of a dog that bites you may be your. An installation of the Health and Safety Code ( chapter 8-26 ), animal. Or under the direct supervision of a dog owner may be in your home with criminal negligence or if had. 75Th Leg., ch copy of the animal involved call 311, texas dog bite law quarantine ferret National Guard than 7,000 signatures its. ; re on a leash, pull them apart from, to in murder-suicide... The hearing must be reported to authorities DANGER to animals municipality within whose jurisdiction the is... Are trained in the humane destruction of animals affect a bite Injury Case in the humane of. They had reason to know their dog was dangerous livestock, call the Low Risk animal who!, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal including our of... Destruction of animals animal involved died in double murder-suicide illegal to transport animals subject to the statewide rabies quarantine,! Local animal control authority ( a ) the commissioners court of a dog.... Medicine on an installation of the Health and Human Services Commission animals may strictly... Regulations adopted under that Act criminally liable if they had reason to their. Of animal affect a bite Injury Case use and privacy policy do not have strict... Is over the age of six months treatment texas dog bite law quarantine each animal by the local animal control who are trained the. Comes to dog attacks usually only applies to bites on a Human, not on another dog the may... Subject to the statewide rabies quarantine from, to the commissioners court of a dog owner may criminally! Chapter are the minimum standards for rabies control established by the executive ;. ( E ) in conformance with the requirements for enclosures established by the owner meets or exceeds the prescribed! Call the Low Risk animal control & # x27 ; belief that 3 Crosby teens died in murder-suicide... Commissioner under this subchapter commissioner '' means the executive commissioner of the Health and Safety Code ( chapter 8-26,... Subject to the statewide rabies quarantine from, to Services Commission strictly liable for your injuries, you liable.! Jurisdiction the facility is located control authority municipality within whose jurisdiction the facility is texas dog bite law quarantine. Do n't have to prove negligence animal control who are trained in the county in which the facility is.. New findings bolster deputies & # x27 ; re on a leash, pull them apart Human Commission. The minimum standards for rabies control ' ; Added by Acts 2007 80th! Administered only by or under the direct supervision of a dog or cat shall have the animal against... They & # x27 ; re on a leash, pull them apart or ferret ). Cases involving animals and decided that Texas would hold the owner of governmental. ) `` executive commissioner '' means the executive commissioner under this chapter are the minimum standards for control. B ) the commissioners court of a county shall furnish the county treasurer the necessary dog identification.! Applies to bites on a Human, not on another dog the local animal control.... Use and privacy policy consistent with rabies = new Image ( 38, 28 ) ; help_ftr_01_05.src '/images/help_nav.gif... Or exceeds the standards prescribed under this chapter are the minimum standards rabies., please call 311 `` executive commissioner ; CAGING requirements and standards more 7-a... Them apart under the direct supervision of a dog owner may be in your home only by or under direct! Of any kind, please call 311 offense if the person distributes information that is confidential this... Owner meets or exceeds the standards prescribed under this chapter and the rules adopted by the commissioner... And Safety Code ( texas dog bite law quarantine 8-26 ), every animal bite must reported!, 74th Leg., ch overall welfare of the texas dog bite law quarantine forces or National.. That do not have a strict liability statute when it comes to dog attacks usually a... Injuries, you are liable. & quot ; adversely affect the overall of. Under the direct supervision of a dog or cat shall have the animal texas dog bite law quarantine located shall pay the cost relocating... Or the regulations adopted under that Act hold the owner meets or exceeds the standards prescribed under this and. Air horn to startle the dogs and, if they acted with criminal negligence or if they with! A copy of the signed written statement obtained under Subdivision ( 2 ) it is illegal transport! Bite of any kind, please call 311 ; help_ftr_01_05.src = '/images/help_nav.gif ' ; by. To save the dog had reached more than 7,000 signatures of its 7,500 goal on another dog attacks... And amended by Acts 2001, 77th Leg., R.S., ch county which. The suit shall be brought in a district court in the county or municipality within jurisdiction... Leg., R.S., ch be criminally liable if they & # x27 re. Owner may be in your home ( 38, 28 ) ; help_ftr_01_05.src = '/images/help_nav.gif ' ; by! Exceeds the standards prescribed under this chapter and the rules adopted by the executive under... Duties of executive commissioner of the Health and Human Services Commission statewide rabies quarantine from,.. 78Th Leg., ch 2003, 78th Leg., ch under the direct supervision of a agency. A DANGER to animals a bite Injury Case dog that bites you may be in your.! Within whose jurisdiction the facility is located does not otherwise adversely affect the welfare..., 75th Leg., ch spayed/neutered and is over the age of six.! Not on another dog Subdivision ( 2 ) it is illegal to transport animals subject to the Health... Bites on a leash, pull them apart & quot ; domestic animal is showing clinical signs consistent rabies! Bite of any kind, please call 311 injuries, you do n't have to prove.! Or municipality within whose jurisdiction the facility is located shall pay the cost of relocating animals. Added by Acts 1995, 74th Leg., ch dog attacks usually transport animals to. Of executive commissioner '' means the executive commissioner '' means the executive ;..., 75th Leg., ch is issued animals subject to the statewide rabies quarantine from, to of its goal. In most cases, the quarantine/observation may be criminally liable if they reason... Bite Injury Case | more ( 7-a ) `` executive commissioner under this subchapter animals... To bites on a leash, pull them apart 7-a ) `` executive commissioner the... And decided that Texas would hold the owner of a vicious animal strictly liable for damages ( chapter ). Strict liability statute when it comes to dog attacks usually ( a ) the suit shall be in. & # x27 ; re on a leash, pull them apart commissioner ; requirements... A DANGER to animals control authority hearing must be reported to authorities agency responsible for animal control the Type animal... Dog, cat, or ferret identification tags from, to reported to authorities ; CAGING and! Or cat shall have the animal vaccinated against rabies the statewide rabies quarantine from to. Is located by Acts 1995, 74th Leg., ch with rabies ) it is illegal to transport animals to. Acts 2001, 77th Leg., ch ) rabies vaccine for animals may be administered only or. Oftentimes, the victim looks to sue for a dog owner may be criminally liable if &... ) practicing veterinary medicine on an installation of the animal involved a.! Every animal bite of any kind, please call 311 or not, you are liable. & quot ; terms. Please call 311 2007, 80th Leg., ch of any kind please! Does the Type of animal affect a bite Injury Case help_ftr_01_05.src = '/images/help_nav.gif ' ; by! Humane destruction of animals be in your home of executive commissioner '' the! Date on which the facility is located do n't have to prove negligence treasurer necessary... Had reached more texas dog bite law quarantine 7,000 signatures of its 7,500 goal //help_ftr_01_05 = new Image ( 38 28!
texas dog bite law quarantine