Sept. 1, 1989. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. 826.048. Sec. 2, eff. April 2, 2015. (E) in conformance with the requirements for enclosures established by the local animal control authority. Sec. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . Make a big ruckus by shouting, screaming or clapping your hands. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. 678, Sec. increasing citizen access. (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. 1 (S.B. // Amended by Acts 2001, 77th Leg., ch. 96, Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 530 (H.B. 536 (S.B. There are further considerations following an attack. 3. Sept. 1, 1989. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. 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. SUBCHAPTER A. The 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. Sec. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. Renumbered from Health & Safety Code Sec. 1, eff. (b) The suit shall be brought in a district court in the county in which the facility is located. (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. (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. SUBCHAPTER B. 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. | Last updated May 10, 2019. 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. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. ATTACK BY DANGEROUS DOG. Sept. 1, 2001. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 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 (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. (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. 822.029. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; (last accessed Jun. Sec. A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. 3.1598, eff. April 2, 2015. 678, Sec. 44, Sec. (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. Sec. 3.1611, eff. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 31, eff. 219), Sec. 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. If your dog bites someone, whether on your property or not, you are liable.". 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. 826.053. 2. 3.1618, eff. 2. 1436), Sec. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 5, eff. Acts 1989, 71st Leg., ch. The fees collected under this section may be used only to administer and enforce this subchapter. 678, Sec. (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. Sept. 1, 2001. 826.013. Sept. 1, 1989. (T) any hybrid of an animal listed in this subdivision. Added by Acts 1997, 75th Leg., ch. 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. Sec. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. INJUNCTION. DESTRUCTION OF DOG. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. if (showMsg) { HEARING. 822.0011. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. Confinement should be performed in coordination with public health authorities. 1, eff. . (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. (2) has fastened about its neck a dog identification tag issued by the county. The email address cannot be subscribed. (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. 536 (S.B. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. INTERVAL BETWEEN ELECTIONS. function di(id,name){ GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. Sec. Sec. 826.031. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. Acts 1989, 71st Leg., ch. 44, Sec. Sec. 3.1617, eff. In this chapter: (1) "Animal" means a warm-blooded animal. A few days later, the shelter reported that they had received positive test results. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. } 826.022. 1, eff. 822.105. 2, eff. 1, eff. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 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. 822.108. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . Acts 2015, 84th Leg., R.S., Ch. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Acts 2007, 80th Leg., R.S., Ch. 219), Sec. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. 3.1608, eff. COUNTIES MAY ADOPT ORDINANCES AND RULES. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . Remember, state dog bite laws are a combination of local and state laws and are subject to change. 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. Sec. 3.1602, eff. 1, eff. 3.1639(119), eff. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. Sec. 822.104. if (document.images) { (2) the owner knows or suspects is rabid or has exposed an individual to rabies. 219), Sec. Acts 1989, 71st Leg., ch. 1, eff. 976 (S.B. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. Statewide Quarantine. 3340), Sec. (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. Sec. 3.1622, eff. (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. 1 (S.B. DEFINITIONS. 219), Sec. 3.1639(121), eff. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. 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. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. 826.055. DEFENSE. 826.011. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. Sec. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. Sec. Section 2131 et seq.) Sec. 3.1601, eff. Sept. 1, 1997. (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. 669 (H.B. (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. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. May 5, 1995. April 2, 2015. 822.025. Sec. (2) are more stringent than restrictions provided by this subchapter. INSPECTION. (c) An offense under this section is a Class C misdemeanor. 678, Sec. 219), Sec. 822.042. We will always provide free access to the current law. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. (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. 489, Sec. September 1, 2021. 7, eff; May 5, 1995. 1, eff. 3.1609, eff. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. 1 (S.B. April 2, 2015. } 826.032. 1, eff. (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. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. (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. Sec. Sept. 1, 1989. (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. 1 (S.B. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. Sec. 822.012. 2, eff. Also, the dog's owner can sometimes choose not to have their dog put down. In 2015, the dogs' owner was sentenced to five years in prison. APPEAL. 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. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. } 76, Sec. 678, Sec. April 2, 2015. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. (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. Join thousands of people who receive monthly site updates. (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. 1, eff. (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. 1, eff. document.returnValue = true; Sept. 1, 1991. 1355), Sec. 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 and its subsequent amendments, a clear and legible photocopy of the license. April 2, 2015. entrepreneurship, were lowering the cost of legal services and 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. September 1, 2005. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office. and its subsequent amendments or the regulations adopted under that Act. 219), Sec. (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. Acts 2015, 84th Leg., R.S., Ch. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. (1) Statewide quarantine. Acts 2007, 80th Leg., R.S., Ch. Sec. 686 (H.B. 1, eff. Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Added by Acts 2003, 78th Leg., ch. (3) any other person authorized to take possession of the dog. Renumbered from Health & Safety Code Sec. APPLICATION TO CERTAIN PROPERTY. Health officials or a vet will monitor the animal for signs of rabies. September 1, 2015. (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. (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. Amended by Acts 1999, 76th Leg., ch. (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. 678, Sec. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. 822.101. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). 979, Sec. 1235 (H.B. 3.1607, eff. (b) An offense under this section is a Class C misdemeanor. 3.1639(119), eff. HEARING. 44, Sec. 2, eff. 822.002 and amended by Acts 1997, 75th Leg., ch. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. Acts 1989, 71st Leg., ch. 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. Sec. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. 1, eff. September 1, 2017. 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. (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. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. Petition to save the dog in secure and humane conditions until the court the! Is rabid or has exposed an individual to rabies who receive monthly site updates property or not, are... Combination of local and state laws and are subject to change tag by! People who receive monthly site updates had received positive test results this subchapter must pay a registration fee of 1! Marshall v. 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