(a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. 822.026. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. } 219), Sec. Sec. Added by Acts 1997, 75th Leg., ch. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 678, Sec. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Renumbered from Health & Safety Code Sec. Confinement should be performed in coordination with public health authorities. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 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. 219), Sec. Amended by Acts 1997, 75th Leg., ch. 1 (S.B. An offense under this subsection is punishable by a fine of not more than $100. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. (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. 1, eff. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; 219), Sec. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Sept. 1, 2001. DISPOSITION OF FEE. CIVIL PENALTY. 1, eff. Sec. (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. (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. 489, Sec. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. Acts 1989, 71st Leg., ch. Sec. (2) has fastened about its neck a dog identification tag issued by the county. (C) does not otherwise adversely affect the overall welfare of the animal involved. Sept. 1, 1989. 822.013. (f) 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 search and rescue effort at the request of law enforcement. 1420, Sec. 826.034. (2) are more stringent than restrictions provided by this subchapter. 12, eff. (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. 319), Sec. 1355), Sec. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. 2, eff. 669 (H.B. 3.1639(121), eff. (1) Statewide quarantine. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 1, eff. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . and . } September 1, 2007. By Cuteness Team. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. 5, eff. 7-4.2 (a) Fails to microchip cat or dog. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. 3.1623, eff. Acts 2015, 84th Leg., R.S., Ch. 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. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. CONTRACTS. 1, eff. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. window.status = msgStr; 826.002. 822.006. (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) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. Sec. Added by Acts 1989, 71st Leg., ch. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. Sec. It is kept quarantined until the clinical signs of rabies have resolved. (2) the program established by this chapter and the department rules adopted under this chapter. Sec. In this chapter: (1) "Animal" means a warm-blooded animal. (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. Meeting with a lawyer can help you understand your options and how to best protect your rights. (a) Declaration. 1 (S.B. His wife was also attacked by the dogs and remains in critical condition at University Hospital. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. 822.046. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). HEARING. 826.0311. Sept. 1, 2001. (h) 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 engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. (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. Sec. (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. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. 822.004. 822.012. (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. Acts 2015, 84th Leg., R.S., Ch. 899 (H.B. Animal Control Handbook. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. (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. Under certain conditions . 916, Sec. Sept. 1, 1989. 219), Sec. } (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. 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. (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. DEFINITIONS. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. (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. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. 1, eff. 822.033 and amended by Acts 2003, 78th Leg., ch. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. 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. The law only applies to bites on a human, not on another dog. 31, eff. May 5, 1995. April 2, 2015. 3. September 1, 2007. 822.030. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. (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. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. 826.052. Sec. DETERMINATION THAT DOG IS DANGEROUS. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 3.1639(121), eff. 1, eff. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. 1, eff. 1, Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Sec. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 669 (H.B. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 44, Sec. In addition, EFFECT OF SUBCHAPTER ON OTHER LAW. if (document.images) { if (document.images) {document.images[id].src=eval(name+".src"); } Amended by Acts 1995, 74th Leg., ch. (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. Amended by Acts 1995, 74th Leg., ch. APPLICATION TO CERTAIN PROPERTY. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. 1, eff. 826.048. 669 (H.B. (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. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. Join thousands of people who receive monthly site updates. Section 2131 et seq.) Sec. 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. DEFENSE. 1, eff. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. 6, eff. //-->. 822.003 by Acts 1997, 75th Leg., ch. HEARING. (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. September 1, 2007. 916, Sec. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. REPORTS OF RABIES. 822.001 and amended by Acts 1997, 75th Leg., ch. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. Acts 1989, 71st Leg., ch. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. 1235 (H.B. APPLICABILITY OF SUBCHAPTER. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Acts 2015, 84th Leg., R.S., Ch. 822.005. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. Amended by Acts 1999, 76th Leg., ch. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Amended by Acts 1995, 74th Leg., ch. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 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. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . Sec. Amended by Acts 2001, 77th Leg., ch. (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. 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