(a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 1, eff. 530 (H.B. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 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. 4, eff. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 822.0421. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . (d) Except as provided by Subsection (e), the veterinarian or local rabies control authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. (e) Amended by Acts 1995, 74th Leg., ch. (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. By Cuteness Team. VIOLATIONS. April 2, 2015. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. (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 . Acts 1989, 71st Leg., ch. Sec. May 5, 1995. (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. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. Amended by Acts 1995, 74th Leg., ch. 678, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 3.1624, eff. The San Antonio attack was the first of two pit . (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) 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. Sept. 1, 2001. (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. September 1, 2007. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. Dog Quarantine After Bite. Renumbered from Health & Safety Code Sec. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. Health officials or a vet will monitor the animal for signs of rabies. 1436), Sec. May 5, 1995. 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. Sec. (2) pays an annual registration fee of $50. Sec. 3.1605, eff. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 826.025. 822.011. 822.115. HEARING. Your dog must receive boosters on a regular schedule to remain protected. One Bite Rule Name Officials say the dogs killed . September 1, 2007. 1, eff. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. 678, Sec. 822.0411. 219), Sec. 826.044. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. (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. 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. 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) 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. April 2, 2015. 826.0311. Amended by Acts 1997, 75th Leg., ch. Acts 1989, 71st Leg., ch. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. 1355), Sec. April 2, 2015. 2, eff. Sec. (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. 826.014. Sec. Acts 1989, 71st Leg., ch. Sept. 1, 1989. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 1 (S.B. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. 5, eff. April 2, 2015. Sept. 1, 1997. Sec. 530 (H.B. SUBCHAPTER B. 826.002. Acts 2015, 84th Leg., R.S., Ch. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. Renumbered from Health & Safety Code Sec. Sec. 219), Sec. Sept. 1, 1989. Oftentimes, the victim looks to sue for a dog bite. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. (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. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 3.1615, eff. 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. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 1 (S.B. 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. Section 2131 et seq.) (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. 686 (H.B. 219), Sec. 669 (H.B. (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. Added by Acts 2003, 78th Leg., ch. 916, Sec. 822.0422. Sec. (2) has fastened about its neck a dog identification tag issued by the county. 2. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. } (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. Search, Browse Law 822.113. 1, eff. In this chapter: (1) "Animal" means a warm-blooded animal. Added by Acts 2015, 84th Leg., R.S., Ch. 3.1612, eff. 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.". DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. Copyright 2023, Thomson Reuters. (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. 1, eff. 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. and its subsequent amendments or the regulations adopted under that Act. Acts 1989, 71st Leg., ch. 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. September 1, 2017. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 1436), Sec. 678, Sec. 3.1602, eff. } Sec. Added by Acts 2001, 77th Leg., ch. Biting animal to be confined; veterinarian to report. APPLICATION TO CERTAIN PROPERTY. 822.104. Texas State Law requires that rabies vaccines for animals must be administered by a licensed Sept. 1, 2003. 14.809, eff. 1, eff. 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. 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. 1 (S.B. } (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. 822.029. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. April 2, 2015. (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. 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. Sec. 1355), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. April 2, 2015. Stay up-to-date with how the law affects your life. 826.0211. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. 1235 (H.B. (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. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. 1728), Sec. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Acts 2015, 84th Leg., R.S., Ch. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. There are further considerations following an attack. 8, eff. (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. 822.047. A dog attack in a West San Antonio, Texas, residential neighborhood Friday afternoon has left an approximately 80-year-old man dead and a woman in critical condition, the city's fire department . April 2, 2015. (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. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. 1, eff. If the domestic animal is showing clinical signs consistent with rabies . (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. Sept. 1, 1989. 678, Sec. Acts 1989, 71st Leg., ch. 219), Sec. 1 (S.B. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. Learn more about FindLaws newsletters, including our terms of use and privacy policy. // LiaJavaInput (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. } (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 822.003. 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. Sept. 1, 1997. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 916, Sec. (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. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. (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. 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. Rabies is a deadly virus with elevated levels in central Texas. 1, eff. 1 (S.B. Sec. 44, Sec. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. Sec. Sec. 44, Sec. (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. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 1. (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. 219), Sec. 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 . May 5, 1995. Sec. REGISTRATION FEE. Sept. 1, 1991. April 2, 2015. Sec. Sec. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. This applies to both domestic and wild animals. (g) 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 participating in an organized dog show or event sponsored by a nationally recognized or state-recognized kennel club. June 14, 2001. 3, eff. Added by Acts 1999, 76th Leg., ch. (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. May 5, 1995; Acts 2001, 77th Leg., ch. And each day that a violation continues is a violation and each day that a violation each. 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