Oftentimes, the victim looks to sue for a dog bite. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. No anti-rabies prophylaxis is needed. (b) The suit shall be brought in a district court in the county in which the facility is located. An offense under this subsection is punishable by a fine of not more than $100. 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. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. 1 (S.B. April 2, 2015. 3.1612, eff. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Section 2131 et seq.) 1 (S.B. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. 678, Sec. 76, Sec. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. BALLOT PROPOSITION. REGISTRATION FEE. Added by Acts 1997, 75th Leg., ch. (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. Sec. Sept. 1, 1989. Acts 1989, 71st Leg., ch. 54, Sec. Acts 1989, 71st Leg., ch. Sept. 1, 1997. document.returnValue = true; 219), Sec. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. (b) A person who violates this section commits an offense. Section 826.042 Quarantine of Animals, Added by Acts 1991, 72nd Leg., ch. 1 (S.B. May 5, 1995. (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. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. 826.032. HEARING. 219), Sec. (1) Statewide quarantine. Added by Acts 1997, 75th Leg., ch. 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. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. 1436), Sec. 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. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 822.0012. (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. 822.105. 219), Sec. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. 219), Sec. 822.003 by Acts 1997, 75th Leg., ch. 1, eff. Added by Acts 2003, 78th Leg., ch. 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. 669 (H.B. Sec. (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. Make a big ruckus by shouting, screaming or clapping your hands. (a) The governing body of a municipality and the commissioners court of a county may adopt ordinances or rules under Section 826.014 or 826.015 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. 219), Sec. May 5, 1995. 1, eff. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. Sec. Renumbered from Health & Safety Code Sec. | Last updated May 10, 2019. Amended by Acts 1995, 74th Leg., ch. (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. (5) "Owner" means a person who owns or has custody or control of the dog. April 2, 2015. Sec. 3340), Sec. 6-231). 822.001. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sept. 1, 2001. (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, 2003. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. Acts 2015, 84th 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). 826.053. Kennel Cough. When is a domestic dog, cat, or ferret placed in a 10-day confinement? (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. 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. 1, eff. (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. It is kept quarantined until the clinical signs of rabies have resolved. Sec. Sept. 1, 1989. 822.044. And this is often the case if the assault is not severe. 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. (c) The commissioners court shall determine the amount and time of reimbursement. (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. 219), Sec. (d) A suit or other proceeding may be brought against: (2) the parent, guardian, or other person legally responsible for the support of the recipient; or. 1, eff. Sept. 1, 1991. (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. (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. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. (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. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. May 21, 2015. A civil penalty collected under this subsection may be retained by the county or municipality. The average cost per claim nationally has risen 39 percent from . 1 (S.B. (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. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . Sec. 1069, Sec. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. 1, eff. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. Renumbered from Health & Safety Code Sec. Sec. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. HEARING. 1, Sec. 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. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. Acts 1989, 71st Leg., ch. (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. Sec. Acts 2005, 79th Leg., Ch. (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. if (showMsg) { (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. 99, Sec. 1, eff. September 1, 2007. 219), Sec. 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. and its subsequent amendments or the regulations adopted under that Act. (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or. Acts 1989, 71st Leg., ch. (Texas Civ 33.001). (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. (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. September 1, 2005. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. States that do not have a strict liability statute when it comes to dog attacks usually . DISPOSITION OF FEE. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 669 (H.B. 8, eff. 1, eff. Restraint; Criminal Penalty. April 2, 2015. (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. 2, eff. (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. (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. (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. REGISTRATION TAGS AND CERTIFICATE. Location: (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 . The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. 822.012. 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. (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. Criminal negligence or previously determined dangerous dog (Texas H&S 822.05): Attack by a dog determined to be dangerous (Texas H&S 822.044): Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. 686 (H.B. 99, Sec. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. 822.027. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. Sec. June 15, 2007. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. April 2, 2015. SHORT TITLE. 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. 822.0411. 826.045. (4) provide the name of the attending veterinarian, if applicable. (2) are more stringent than restrictions provided by this subchapter. 2, eff. 219), Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. Acts 2015, 84th Leg., R.S., Ch. Sec. 822.045. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. Acts 1989, 71st Leg., ch. Pit bulls contributed to 66% (346) of these deaths. (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. Acts 2015, 84th Leg., R.S., Ch. DEFENSE. REPORTS OF RABIES. (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. increasing citizen access. In addition, 1235 (H.B. 678, Sec. (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. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. Added by Acts 2007, 80th Leg., R.S., Ch. 44, Sec. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. Acts 1989, 71st Leg., ch. 826.042. 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. 1728), Sec. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 1436), Sec. The veterinarian or local rabies control authority may bring suit to collect those costs. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. 916, Sec. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 826.016. Acts 2015, 84th Leg., R.S., Ch. (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. (2) the requirements for animal control officer training adopted under Chapter 829. 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. Acts 1989, 71st Leg., ch. September 1, 2007. (b) A dog or cat may not be subject to dual registration. DEFINITIONS. (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. 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