(c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. 916, Sec. 678, Sec. 99, Sec. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. (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. Acts 2015, 84th Leg., R.S., Ch. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. Meeting with a lawyer can help you understand your options and how to best protect your rights. 822.111. 822.003. Sec. Sec. Officials say the dogs killed . Health officials or a vet will monitor the animal for signs of rabies. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. 2. Added by Acts 2003, 78th Leg., ch. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. V.T.C.A., Health . 1, eff. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. Amended by Acts 1995, 74th Leg., ch. Acts 1989, 71st Leg., ch. Sept. 1, 2001. 3.1621, eff. 822.113. May 5, 1995. 536 (S.B. (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. Acts 2015, 84th Leg., R.S., Ch. 1. Sec. No quarantine applies. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. (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. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. Amended by Acts 2001, 77th Leg., ch. (B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. VACCINATION OF DOGS AND CATS REQUIRED. May 17, 1999. (1) Statewide quarantine. CRIMINAL PENALTY. Original Source: 1, eff. Make a big ruckus by shouting, screaming or clapping your hands. 3.1616, eff. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Sec. (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 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. April 2, 2015. 3, eff. May 5, 1995. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. Firms, Animal Attack and Dog Bite Claim Resources. (c) An applicant shall include with each application: (2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107; (3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed; (4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and. (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. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 219), Sec. 3.1600, eff. April 2, 2015. Location: SUBCHAPTER A. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 826.041. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. Sec. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sec. 1 (S.B. September 1, 2007. 1 (S.B. (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. 822.006. 822.0421. Sec. This includes animals that already have their rabies shots. 1, Sec. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 1740), Sec. September 1, 2017. 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. 826.021, TAC-169.29, CD6-Sec. 822.031. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Acts 2021, 87th Leg., R.S., Ch. REGISTRATION; CRIMINAL PENALTY. (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. Sec. (3) "Dog" means a domesticated animal that is a member of the canine family. April 2, 2015. 2283), Sec. In addition, 826.046. 8, eff. 219), Sec. In the 15-year period of 2005 through 2019, canines killed 521 Americans. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. entrepreneurship, were lowering the cost of legal services and Sec. 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. (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. 1, eff. 822.114. 3340), Sec. 1 (S.B. Added by Acts 2001, 77th Leg., ch. 99, Sec. 826.045. Sec. (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. 1, eff. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 1 (S.B. 1 (S.B. (c) A person commits an offense if the person distributes information that is confidential under this section. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . By Cuteness Team. Sec. 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. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 5, eff. 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. Search, Browse Law (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). (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. Sept. 1, 2001. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. September 1, 2015. September 1, 2007. Sept. 1, 1989. 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. Amended by Acts 2001, 77th Leg., ch. APPEAL. In most cases, the quarantine/observation may be in your home. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 3.1639(119), eff. 826.002. 1, eff. Stay up-to-date with how the law affects your life. Statewide Quarantine. Acts 2015, 84th Leg., R.S., Ch. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. Sec. 822.108. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. 822.042. Renumbered from Health & Safety Code Sec. Sec. Animal Control Handbook. Spray the dogs with a garden hose.. Sec. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 678, Sec. (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. 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. Sept. 1, 1989. } ELECTION RESULT. If any of these scenarios apply, a dog attack attorney can help you determine liability. Acts 1989, 71st Leg., ch. (3) any other person authorized to take possession of the dog. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. 669 (H.B. Acts 2007, 80th Leg., R.S., Ch. 44, Sec. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). 669 (H.B. Sec. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. (2) the requirements for animal control officer training adopted under Chapter 829. 822.102. 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. 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). 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. (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 . Sept. 1, 1989. 1355), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (5) if an applicant holds a Class "A" or Class "B" dealer's license or 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) 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. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 1, eff. The animal's owner must pay the fee before the animal may be released. 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. 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