May 5, 1995. (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. 44, Sec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 678, Sec. 976 (S.B. Acts 2015, 84th Leg., R.S., Ch. 99, Sec. 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. entrepreneurship, were lowering the cost of legal services and 1, eff. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 1 (S.B. 822.0424. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". 8, eff. Acts 1989, 71st Leg., ch. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. Join thousands of people who receive monthly site updates. . 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. 822.0011. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 44, Sec. Sept. 1, 1989. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. Acts 2017, 85th Leg., R.S., Ch. 5, eff. Spray the dogs with a garden hose.. 1436), Sec. 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. V.T.C.A., Health . 3.1614, eff. Acts 1989, 71st Leg., ch. April 2, 2015. (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. 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 . 3.1599, eff. May 5, 1995. 3.1620, eff. 44, Sec. Sec. (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. (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. Acts 1989, 71st Leg., ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (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. (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. Sec. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. 54, Sec. Confinement should be performed in coordination with public health authorities. LOCAL REGULATION OF DANGEROUS DOGS. (b) A dog or cat may not be subject to dual registration. } 822.030. (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. | More (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. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 678, Sec. Original Source: 822.044. The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? Sec. Sept. 1, 1989. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. (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. 1, eff. Added by Acts 1989, 71st Leg., ch. 219), Sec. (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. Does the Type of Animal Affect a Bite Injury Case? 669 (H.B. Sec. An offense under this subsection is punishable by a fine of not more than $100. 1 (S.B. Amended by Acts 1995, 74th Leg., ch. 1331 (S.B. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 1, eff. USE AND SALE OF RABIES VACCINE. 1562), Sec. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. DEFENSE. 219), Sec. REPORTS OF RABIES. Sec. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. document.returnValue = true; 2, eff. INTERVAL BETWEEN ELECTIONS. Renumbered from Health & Safety Code Sec. One Bite Rule Also, the dog's owner can sometimes choose not to have their dog put down. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Acts 2015, 84th Leg., R.S., Ch. 822.025. (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. The San Antonio attack was the first of two pit . Sec. CERTIFICATE OF REGISTRATION; FEES. 8, eff. Sec. 6-231). DESTRUCTION OF DOG. Sept. 1, 1991. 1355), Sec. Sept. 1, 1995. (1) Statewide quarantine. 2026), Sec. (2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. function di(id,name){ Sec. Sec. Sec. 1, eff. According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. (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. VACCINATION; CRIMINAL PENALTY. 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. (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. DEFENSES. The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. April 2, 2015. (a) Declaration. 822.0422. 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. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; 1 (S.B. 822.022. (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. 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. (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. 1, eff. 319), 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. 826.033. 826.034. 99, Sec. Sec. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. PROVISION OF VACCINE AND SERUM. 678, Sec. (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. 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. 822.004. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 826.023. 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. 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. 219), Sec. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (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. for rabies. 1355), Sec. Acts 2015, 84th Leg., R.S., Ch. 3. All rights reserved. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. 678, Sec. 1, eff. 1. Acts 2015, 84th Leg., R.S., Ch. (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. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. April 2, 2015. (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. 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