May 5, 1995; Acts 2001, 77th Leg., ch. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). 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. 2, eff. The veterinarian or local rabies control authority may bring suit to collect those costs. 1069, Sec. 52 (H.B. 530 (H.B. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. VACCINATION; CRIMINAL PENALTY. Sec. ELECTION RESULT. 669 (H.B. DISPOSITION OF FEE. An offense under this subsection is punishable by a fine of not more than $100. September 1, 2015. Acts 1989, 71st Leg., ch. Amended by Acts 1997, 75th Leg., ch. (c) An offense under this section is a Class C misdemeanor. 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. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. 826.013. 1, eff. 1 (S.B. 678, Sec. (b) A person who violates this section commits an offense. 826.016. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 678, Sec. 1, eff. 14.809, eff. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. When is a domestic dog, cat, or ferret placed in a 10-day confinement? If any of these scenarios apply, a dog attack attorney can help you determine liability. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 822.110. (2) are more stringent than restrictions provided by this subchapter. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 1, eff. (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. 1, eff. 822.003. Aug. 28, 1995. 219), Sec. DESTRUCTION OF DOG. SUBCHAPTER B. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. In the 15-year period of 2005 through 2019, canines killed 521 Americans. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. 1 (S.B. 1002, Sec. 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. 219), Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (a) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. 13, eff. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. The law only applies to bites on a human, not on another dog. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. Sec. (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. 1, eff. 826.052. | Last updated May 10, 2019. Sept. 1, 1989. 826.043. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. if (document.images) { 826.042. Acts 1989, 71st Leg., ch. 1, eff. 7-4.2 (a) Fails to microchip cat or dog. 11, eff. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. (A) Biting dog, cat, or ferret. 1 (S.B. 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. (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. April 2, 2015. 1. 219), Sec. 3.1612, eff. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. (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. (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. entrepreneurship, were lowering the cost of legal services and (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. Sec. (2) the program established by this chapter and the department rules adopted under this chapter. Sec. 2. Sept. 1, 1989. 2, eff. 3.1611, eff. 44, Sec. Sec. 822.028. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. April 2, 2015. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. This chapter may be cited as the Rabies Control Act of 1981. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. 219), Sec. 99, Sec. Acts 1989, 71st Leg., ch. Sept. 1, 2001. Confinement should be performed in coordination with public health authorities. 3, eff. (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. (C) does not otherwise adversely affect the overall welfare of the animal involved. (a) The court, on receiving a report of an incident under Section 822.0422 or on application under Section 822.042(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with Section 822.042. 822.024. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Acts 2015, 84th Leg., R.S., Ch. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). INJUNCTION. 1 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. 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. April 2, 2015. 1, Sec. Notice of such order shall be given by publication . (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. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (2) the animal is required to be restrained under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. May 5, 1995. Sec. 826.053. Acts 1989, 71st Leg., ch. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 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. (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) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. Sec. 219), Sec. 1, eff. 3.1614, eff. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. (e) (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. To report an animal bite of any kind, please call 311. Sec. Sec. 219), Sec. 822.005. Lawyers know that many Texas dog bites occur when an animal is threatened. 1426), Sec. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. 7, 2021). April 2, 2015. 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. Location: Sec. 1069, Sec. 1562), Sec. 1, eff. (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. Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Acts 2017, 85th Leg., R.S., Ch. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. 678, Sec. 3.1619, eff. 219), Sec. 826.021. This applies to both domestic and wild animals. 822.006. 1, eff. Acts 1989, 71st Leg., ch. 826.034. 219), Sec. 826.047. (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. 3.1609, eff. April 2, 2015. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. Sec. The law . A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 822.001 and amended by Acts 1997, 75th Leg., ch. 822.104. (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. 826.012. 822.111. 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. Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. (5) "Department" means the Department of State Health Services. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 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. CIVIL PENALTY. Sept. 1, 1989. 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. (E) in conformance with the requirements for enclosures established by the local animal control authority. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. (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. 536 (S.B. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 219), Sec. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. (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. 822.035. (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. 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.". 1, eff. did notbite a human, the law mandates quarantine. (2) any other information that may help in locating the victim or animal. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. 1, eff. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. Sept. 1, 1999. April 2, 2015. Sec. function di(id,name){ 1, eff. 822.002. 1 (S.B. and its subsequent amendments. (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. 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. Health officials or a vet will monitor the animal for signs of rabies. April 2, 2015. RELOCATION OR DISPOSITION OF ANIMAL. The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). 678, Sec. (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. Sec. (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. 826.032. Sept. 1, 1989. Added by Acts 1997, 75th Leg., ch. Sec. 826.046. Renumbered from Health & Safety Code 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 . 1 (S.B. Sec. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. OFFENSE AND PENALTY. 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? September 1, 2007. A governmental entity or person that receives the information 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, 2003. Sec. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. (b) A dog or cat may not be subject to dual registration. Renumbered from Health & Safety Code Sec. Sept. 1, 1989. 1436), Sec. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. 822.107. September 1, 2015. 822.0424. 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. 678, Sec. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. 678, Sec. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. RESTRAINT; CRIMINAL PENALTY. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . In most cases, the quarantine/observation may be in your home. 4, eff. 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. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. Meeting with a lawyer can help you understand your options and how to best protect your rights. 530 (H.B. (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. 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. 96, Sec. (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. document.returnValue = true; Does the Type of Animal Affect a Bite Injury Case? 44, Sec. 826.055. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. Sept. 1, 1989. 2283), Sec. Renumbered from Health & Safety Code Sec. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. 489, Sec. (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. } 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. (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. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (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. window.status = msgStr; (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. Sept. 1, 1989. 826.011. 1, 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. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. The log must: (3) describe the type or nature of treatment; and. 1355), Sec. Sec. 99, Sec. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. 2, eff. Renumbered from Health & Safety Code Sec. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. Paddock or in any other information that may help in locating the victim or animal ( 5 ``! Its seizure and shall provide for the impoundment of the enforcing agency startle the dogs and, they. 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