826.012. Also, the dog's owner can sometimes choose not to have their dog put down. 822.027. 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 1989, 71st Leg., ch. 3.1619, eff. 822.103. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. 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. QUARANTINE; CRIMINAL PENALTY. 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. (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. Sec. 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. (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. 219), Sec. 2, eff. 1 (S.B. (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. Sec. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. (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. April 2, 2015. 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. Acts 2015, 84th Leg., R.S., 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. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. September 1, 2015. 669 (H.B. 3.1599, eff. function dmim(msgStr) { Sec. // The java used for navigation in the Public OM page 1, eff. (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. Meeting with a lawyer can help you understand your options and how to best protect your rights. 219), Sec. 678, Sec. April 2, 2015. 826.042. Sec. 3.1613, eff. 99, Sec. April 2, 2015. The hearing must be held not later than the 10th day after the date on which the warrant is issued. // 219), Sec. (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. 319), Sec. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. DEFINITIONS. VACCINATION OF DOGS AND CATS REQUIRED. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. Acts 2015, 84th Leg., R.S., Ch. Sec. 1, eff. 678, Sec. 3.1609, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. 822.113. Acts 2015, 84th Leg., R.S., Ch. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. Acts 2015, 84th Leg., R.S., Ch. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. 219), Sec. 44, Sec. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. Sec. HEARING. Sec. The fees collected under this section may be used only to administer and enforce this subchapter. 219), Sec. Amended by Acts 2001, 77th Leg., ch. 822.005. 678, Sec. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. (5) "Department" means the Department of State Health Services. May 5, 1995. 678, Sec. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. 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. States that do not have a strict liability statute when it comes to dog attacks usually . (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. 3, eff. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. By Cuteness Team. April 2, 2015. 2, eff. DISPOSITION OF FEE. Sec. REGISTRATION. 826.044. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. (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. Sec. Added by Acts 1991, 72nd Leg., ch. 826.011. Sec. document.returnValue = true; 530 (H.B. 1, eff. 2, eff. DESTRUCTION OF DOG. Acts 1989, 71st Leg., ch. The animal's owner must pay the fee before the animal may be released. This chapter may be cited as the Rabies Control Act of 1981. Sec. Section 2131 et seq.) SHORT TITLE. 14, eff. 219), Sec. The average cost per claim nationally has risen 39 percent from . DEFINITIONS. Sept. 1, 1989. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. 678, Sec. May 5, 1995. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. (5) "Owner" means a person who owns or has custody or control of the dog. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. (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. (1) Statewide quarantine. Restraint; Criminal Penalty. 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 (document.images) { If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 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. An offense under this subsection is punishable by a fine of not more than $100. 822.004 and amended by Acts 1997, 75th Leg., ch. 1, eff. You can be held civilly or criminally liable. (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. PROVISION OF VACCINE AND SERUM. OFFENSE AND PENALTY. The area is defined by the borders of the State of Texas. (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. (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. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Sec. 3.1602, 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. 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. Sec. (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. (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. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Your dog must receive boosters on a regular schedule to remain protected. 1, eff. (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. 219), Sec. 822.109. Statewide Quarantine. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. (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. 678, Sec. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. 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. 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. 44, Sec. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 822.001. 822.0421. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. Fax: 903-526-0202. April 2, 2015. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. Join thousands of people who receive monthly site updates. Sec. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (b) Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. 7, 2021). 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