texas dog bite law quarantine
826.024. Sec. 976 (S.B. PROVISION OF VACCINE AND SERUM. 2283), Sec. 1069, Sec. 44, Sec. Renumbered from Health & Safety Code Sec. 1002, Sec. The decision of the county court or county court at law may not be appealed. Sec. 3.1608, eff. Aug. 28, 1995. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 976 (S.B. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 822.0411. September 1, 2007. 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. 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. (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. An offense under this subsection is punishable by a fine of not more than $100. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 219), Sec. September 1, 2015. 1 (S.B. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 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. 99, Sec. 822.021. 3.1639(121), eff. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 822.046. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Acts 2015, 84th Leg., R.S., Ch. 822.027. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. Added by Acts 1997, 75th Leg., ch. . (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 76, Sec. Sec. By Cuteness Team. (c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. 1, eff. September 1, 2017. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. 6-231). (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. September 1, 2007. To report an animal bite of any kind, please call 311. (T) any hybrid of an animal listed in this subdivision. 822.035. 826.051. Sec. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. 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. 1355), Sec. 99, Sec. 1, eff. (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. Sec. April 2, 2015. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. 1, eff. 826.043. Sec. 1, eff. 1, Sec. 822.044. 219), Sec. Acts 1989, 71st Leg., ch. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. Acts 2015, 84th Leg., R.S., Ch. Firms, Animal Attack and Dog Bite Claim Resources. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. (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. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. Sec. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . Acts 2015, 84th Leg., R.S., Ch. (5) any other information the animal registration agency may require. 44, Sec. 3.1612, eff. DETERMINATION THAT DOG IS DANGEROUS. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 1 (S.B. 1 (S.B. SUBCHAPTER A. 1235 (H.B. April 2, 2015. . 1 (S.B. (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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 6, eff. Search, Browse Law 219), Sec. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 822.104. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. Sept. 1, 1995. (c) In accordance with department rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility. Sec. 3.1618, eff. Acts 2015, 84th Leg., R.S., Ch. The hearing must be held not later than the 10th day after the date on which the warrant is issued. VACCINATION OF DOGS AND CATS REQUIRED. DEFINITIONS. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. 822.108. 3.1617, eff. REGISTRATION FEE. 1355), Sec. 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. (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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 3.1620, eff. Added by Acts 1989, 71st Leg., ch. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Sept. 1, 1989. 1, eff. 1, eff. Acts 2015, 84th Leg., R.S., 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. 3.1639(121), eff. Confinement should be performed in coordination with public health authorities. Report an Animal Bite. 530 (H.B. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (b) A dog or cat may not be subject to dual registration. 8, eff. 219), Sec. LOCAL REGULATION OF DANGEROUS DOGS. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. (a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. | Last updated May 10, 2019. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. Penal Code 398 (2022).) 822.0423. Acts 2015, 84th Leg., R.S., Ch. 1436), Sec. 219), Sec. (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. INTERVAL BETWEEN ELECTIONS. EFFECT OF SUBCHAPTER ON OTHER LAW. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. 826.021, TAC-169.29, CD6-Sec. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sept. 1, 1989. 822.0011. AREA RABIES QUARANTINE. 826.013. } (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. and its subsequent amendments. (5) "Owner" means a person who owns or has custody or control of the dog. Section 826.042 Quarantine of Animals, The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. we provide special support 1, eff. Meeting with a lawyer can help you understand your options and how to best protect your rights. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. 2, eff. Added by Acts 1995, 74th Leg., ch. (3) "Dog" means a domesticated animal that is a member of the canine family. 822.107. 1, eff. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. 822.022. It can be reached at 409.643.5720 . 822.004. 826.014. 219), Sec. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. (b) An offense under this section is a Class C misdemeanor. (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. 1, eff. Stay up-to-date with how the law affects your life. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). Acts 1989, 71st Leg., ch. 1, eff. Amended by Acts 1995, 74th Leg., ch. 219), Sec. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. Sec. If your dog bites someone, whether on your property or not, you are liable.". 3, eff. Under certain conditions . No anti-rabies prophylaxis is needed. USE AND SALE OF RABIES VACCINE. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. Rule 3701-3-29. (2) any other information that may help in locating the victim or animal. 44, Sec. 3.1613, eff. Animal Control Handbook. 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. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 822.002 and amended by Acts 1997, 75th Leg., ch. Stock Laws. (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. Acts 1989, 71st Leg., ch. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. DEFINITIONS. 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. Sec. Amended by Acts 1995, 74th Leg., ch. . (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. 219), Sec. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 99, Sec. Acts 2007, 80th Leg., R.S., Ch. 536 (S.B. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. Sec. OFFENSE AND PENALTY. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. INJUNCTION. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. In 2015, the dogs' owner was sentenced to five years in prison. 3.1624, eff. 826.041. May 21, 2015. 219), Sec. Sept. 1, 1989. 219), Sec. Sec. Sec. Sec. (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. Sec. 826.046. Sept. 1, 1989. Sept. 1, 1997. BALLOT PROPOSITION. Sec. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sec. A governmental entity or person that receives the information must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. (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. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. 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. 1 (S.B. To report an animal bite please call the Customer Call Center at 311 or contact Animal Care Services at 361-826-4634 or 361-826-4616.
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