678, Sec. LOCAL REGULATION OF DANGEROUS DOGS. 99, Sec. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. (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. HEARING. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; Firms, Animal Attack and Dog Bite Claim Resources. // 669 (H.B. Confinement should be performed in coordination with public health authorities. Sept. 1, 1989. 1235 (H.B. 3340), Sec. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. Amended by Acts 1995, 74th Leg., ch. 219), Sec. 2, eff. Sept. 1, 1999. (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) 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. Sec. Under certain conditions . 219), Sec. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. Sept. 1, 1989. 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. Ramon Najera, an 81-year-old . (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. 826.053. (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. 3.1614, eff. Added by Acts 1999, 76th Leg., ch. 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. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. May 5, 1995. (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. 1331 (S.B. Sec. April 2, 2015. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; A few days later, the shelter reported that they had received positive test results. 1 (S.B. 822.002. 1, eff. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. 1 (S.B. Sec. 1, eff. Sec. Added by Acts 1991, 72nd Leg., ch. September 1, 2015. The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. Sept. 1, 1989. 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. if (document.images) { To report an animal bite of any kind, please call 311. Oftentimes, the victim looks to sue for a dog bite. 826.002. Fax: 903-526-0202. . 219), Sec. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. 1, eff. DEFINITIONS. April 2, 2015. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . OFFENSE AND PENALTY. Sec. 3, eff. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. 3.1599, eff. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 669 (H.B. 5, eff. (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. This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous). The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. 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. (T) any hybrid of an animal listed in this subdivision. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. (c) The local rabies control authority shall investigate a report filed under this section. 826.015. 3.1618, eff. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. 3.1609, eff. (2) the program established by this chapter and the department rules adopted under this chapter. APPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Acts 1989, 71st Leg., ch. Texas State Law requires that rabies vaccines for animals must be administered by a licensed Acts 1989, 71st Leg., ch. } (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. 826.013. (d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. Acts 1989, 71st Leg., ch. Acts 1989, 71st Leg., ch. In this chapter: (1) "Animal" means a warm-blooded animal. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. 2, eff. 1, eff. 1, eff. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. (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. INTERVAL BETWEEN ELECTIONS. 219), Sec. 822.102. June 15, 2007. Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; 1, eff. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. | More 826.034. 3.1623, eff. Sec. (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. 1, eff. 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. 3.1610, eff. Stay up-to-date with how the law affects your life. Copyright 2023, Thomson Reuters. 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. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 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. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 1, eff. QUARANTINE; CRIMINAL PENALTY. 1. APPLICATION TO CERTAIN PROPERTY. (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. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 1, eff. 1 (S.B. 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. and its subsequent amendments. (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. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. Acts 2015, 84th Leg., R.S., Ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. } 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. 822.042. Acts 1989, 71st 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. Sept. 1, 1989. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. April 2, 2015. This chapter may be cited as the Rabies Control Act of 1981. Section 2131 et seq.) Added by Acts 1991, 72nd Leg., ch. (1) the name and address of the victim and of the animal's owner, if known; and. (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. May 21, 2015. (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. (4) provide the name of the attending veterinarian, if applicable. Sec. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. (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. (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. (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. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). 916, 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. (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. 822.0011. May 5, 1995. 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. 822.021. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 3.1605, eff. (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. 826.044. 1069, Sec. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 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). 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. 1 (S.B. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. His wife was also attacked by the dogs and remains in critical condition at University Hospital. DETERMINATION THAT DOG IS DANGEROUS. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. 822.035. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. June 14, 2001. September 1, 2007. SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". CIVIL PENALTY. One Bite Rule (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. 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). (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. April 2, 2015. Sec. 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. Phone: 903-590-2840. 1 (S.B. The contracts or agreements may provide for payment by the state for materials, equipment, and services. Sept. 1, 1989. 826.046. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. Sept. 1, 1989. Acts 2015, 84th Leg., R.S., Ch. for non-profit, educational, and government users. (1) Statewide quarantine. 219), Sec. (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. Amended by Acts 1997, 75th Leg., ch. Email: shelter@smith-county.com. Rabies and Animal Control Order #171. This includes animals that already have their rabies shots. Amended by Acts 1995, 74th Leg., ch. LOCAL REGULATION OF DOGS. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (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. 822.003 by Acts 1997, 75th Leg., ch. Sec. 1, eff. 678, Sec. 2, eff. 1, eff. (2) any other information that may help in locating the victim or animal. Acts 2015, 84th Leg., R.S., 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. Sec. 96, Sec. 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. 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. 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. (A) Biting dog, cat, or ferret. Sec. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Sec. 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. 899 (H.B. Rule 3701-3-29. Section 2131 et seq.) 3.1620, eff. (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. 678, Sec. Renumbered from Health & Safety Code Sec. 12, eff. 3.1639(121), eff. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 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. 1728), Sec. (C) does not otherwise adversely affect the overall welfare of the animal involved. (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. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. (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. Penal Code 398 (2022).) No quarantine applies. (a) Declaration. (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. Sept. 1, 1989. } (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. NOTICE. Sept. 1, 1989. 669 (H.B. May 5, 1995. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. Renumbered from Health & Safety Code Sec. 1 (S.B. 678, Sec. Sec. April 2, 2015. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. 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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. 1 (S.B. 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. 822.046. April 2, 2015. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 822.030. 219), Sec. 1740), Sec. 826.024. April 2, 2015. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; 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. 678, Sec. 826.048. 99, Sec. (2) pays an annual registration fee of $50. 2, eff. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Sept. 1, 1991. 826.042. 3.1600, eff. (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. 678, Sec. 1, eff. Sec. . Animal Care Services is making an aggressive effort to address the problem of animal bites by talking to citizens and identifying where these animals live and to whom they belong. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. (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. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 678, Sec. Sept. 1, 1997. 2, eff. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. Sec. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. 5, eff. Dog Quarantine After Bite. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. 3.1619, eff. 678, Sec. 489, Sec. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. (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. An offense under this subsection is punishable by a fine of not more than $100. 219), Sec. Health officials or a vet will monitor the animal for signs of rabies. 1 (S.B. April 2, 2015. 826.052. 44, Sec. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. September 1, 2007. 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 This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 44, 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. 7-4.2 (a) Fails to microchip cat or dog. Contact us. May 5, 1995. 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. ATTACK BY DOG. 822.116. 826.017. 2. Acts 2015, 84th Leg., R.S., Ch. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. Acts 1989, 71st Leg., ch. 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. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. Amended by Acts 1995, 74th Leg., ch. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 1 (S.B. REGISTRATION; CRIMINAL PENALTY. Vaccine for animals must be administered by a licensed Acts 1989, 71st Leg., ch. any regarding. 1, eff address of the victim or animal of 1981 chapter: ( 1 ) the local rabies Act. Standards prescribed under this section constitutes a separate offense that already have their rabies shots recorded deaths $! Microchip cat or dog: ( 1 ) the program established by this and. Confinement should be performed in coordination with public health authorities restraint ordinances or rules under! Finds that the care and treatment of Each animal by the State materials! 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