(2) practicing veterinary medicine on an installation of the armed forces or National Guard. 822.003. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. Acts 2021, 87th Leg., R.S., Ch. Renumbered from Health & Safety Code Sec. The fees collected under this section may be used only to administer and enforce this subchapter. 678, Sec. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 1, eff. 1, eff. May 5, 1995. Sec. Acts 2007, 80th Leg., R.S., Ch. DEFINITIONS. Acts 2015, 84th Leg., R.S., Ch. (b) An offense under this section is a Class C misdemeanor. (2) any other information that may help in locating the victim or animal. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. and its subsequent amendments. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. Also, the dog's owner can sometimes choose not to have their dog put down. Sec. This chapter may be cited as the Rabies Control Act of 1981. (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. (g) 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 dog show or event sponsored by a nationally recognized or state-recognized kennel club. 826.023. 1426), 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. Amended by Acts 1995, 74th Leg., ch. Sec. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 686 (H.B. Amended by Acts 1995, 74th Leg., ch. Sec. 7, eff; May 5, 1995. ELECTION RESULT. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. Sec. 826.022. HEARING. 678, Sec. 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. 1436), Sec. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 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. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 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. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. 1, eff. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. If the domestic animal is showing clinical signs consistent with rabies . Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . May 5, 1995. (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. (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. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. If the victim is deemed to be more than 50% at fault, there is no liability. Sec. BALLOT PROPOSITION. 822.026. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. (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. (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. Added by Acts 1989, 71st Leg., ch. September 1, 2017. (a) If a majority of those voting at the election vote in favor of the measure, the requirement that dogs be registered takes effect in the county on the 10th day after the date on which the result of the election is declared. Section 2131 et seq.) 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. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. (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. (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. 3.1619, eff. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. (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. 219), Sec. 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. 669, Sec. 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. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 or uses dogs for law enforcement or corrections purposes. 96, Sec. 822.021. Sept. 1, 2001. (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. Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. (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. 52 (H.B. 1, eff. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Acts 1989, 71st Leg., ch. 1, eff. 219), Sec. Sept. 1, 1991. (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. (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. Added by Acts 2003, 78th Leg., ch. (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. MINIMUM STANDARDS FOR RABIES CONTROL. RELOCATION OR DISPOSITION OF ANIMAL. Sec. 44, Sec. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. Sept. 1, 1989. 2, eff. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 826.045. 44, Sec. May 5, 1995. Sept. 1, 1999. September 1, 2007. Sec. 822.002. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. REGISTRATION. (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. 826.014. 822.109. 826.024. 678, Sec. 899 (H.B. (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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. It can be reached at 409.643.5720 . The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. 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. Facilities that may help in locating the victim is deemed to be more than 50 % at fault there. Only to administer and enforce this subchapter does not prohibit a municipality or from. 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