texas dog bite law quarantine

ATTACK BY DANGEROUS DOG. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 Copyright 2023, Thomson Reuters. Sec. Rule 3701-3-29. (2) pays an annual registration fee of $50. for rabies. (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. 44, Sec. April 2, 2015. 219), Sec. Amended by Acts 1995, 74th Leg., ch. 826.048. (b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter. April 2, 2015. 1, eff. (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. (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. RESTRAINT; CRIMINAL PENALTY. 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. (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. HEARING. (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. 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. // LiaJavaInput (T) any hybrid of an animal listed in this subdivision. Added by Acts 1991, 72nd Leg., ch. 822.102. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. 826.051. May 5, 1995. 1 (S.B. window.status = msgStr; Added by Acts 1997, 75th Leg., ch. or uses dogs for law enforcement or corrections purposes. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. (a) Except as otherwise provided by department rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by department rule. Sec. Renumbered from Health & Safety Code Sec. Acts 2005, 79th Leg., Ch. April 2, 2015. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 822.021. Sec. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 96, Sec. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 1, eff. Email: shelter@smith-county.com. 822.002. 1, eff. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. 826.017. 3.1601, eff. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. Sec. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. 219), Sec. Animal Control Handbook. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. document.returnValue = false; POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 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. 3, eff. April 2, 2015. 1436), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. Sec. The owner shall pay any cost incurred in seizing the dog. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . } No quarantine applies. Spray the dogs with a garden hose.. 1 (S.B. April 2, 2015. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. Added by Acts 1997, 75th Leg., ch. 219), Sec. Section 2131 et seq.) 1 (S.B. April 2, 2015. 1426), Sec. Statewide Quarantine. Sept. 1, 2003. Acts 2015, 84th Leg., R.S., Ch. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 31, eff. Animal Care Services is making an aggressive effort to address the problem of animal bites by talking to citizens and identifying where these animals live and to whom they belong. 822.113. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER B. 3.1619, eff. (3) any other person authorized to take possession of the dog. 822.0421. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. 870, Sec. Sec. Join thousands of people who receive monthly site updates. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1989. 822.001. 1 (S.B. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. 1, eff. (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. 976 (S.B. The average cost per claim nationally has risen 39 percent from . 3.1599, eff. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. (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. (2) has fastened about its neck a dog identification tag issued by the county. 678, Sec. 3.1639(119), eff. 678, 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. 1740), Sec. 1 (S.B. Acts 1989, 71st Leg., ch. 678, Sec. A dog attack in a West San Antonio, Texas, residential neighborhood Friday afternoon has left an approximately 80-year-old man dead and a woman in critical condition, the city's fire department . If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. Sec. Sec. 1 (S.B. 669 (H.B. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. (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. Amended by Acts 1997, 75th Leg., ch. Sec. (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. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 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. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. (d) A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law. REGISTRATION FEE. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. DISPOSITION OF FEE. (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. 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. Sec. (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. 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). 1, eff. 678, Sec. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 1, eff. Sept. 1, 1991. 44, Sec. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Section 2131 et seq.) Added by Acts 2001, 77th Leg., ch. (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. 822.023. 826.043. Lawyers know that many Texas dog bites occur when an animal is threatened. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; There are further considerations following an attack. (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a 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) 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. (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. Fax: 903-526-0202. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Acts 1989, 71st Leg., ch. 1, eff. June 18, 2005. 822.011 and amended by Acts 2003, 78th Leg., ch. 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. 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. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. 3340), Sec. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. This chapter may be cited as the Rabies Control Act of 1981. 3.1614, 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. Renumbered from Health & Safety Code Sec. // The java used for navigation in the Public OM page (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. } May 5, 1995. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. Sec. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. 822.002 and amended by Acts 1997, 75th Leg., ch. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. The log must: (3) describe the type or nature of treatment; and. Sept. 1, 1989. Sec. Through social The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. The owner of the dogs now faces felony charges, police said. 2, eff. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. 1069, Sec. Notice of such order shall be given by publication . Acts 2015, 84th Leg., R.S., Ch. 219), Sec. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. September 1, 2007. Acts 1989, 71st Leg., ch. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 686 (H.B. 822.111. 822.107. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. increasing citizen access. To report an animal bite of any kind, please call 311. Acts 2015, 84th Leg., R.S., Ch. Sec. 2, eff. (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. 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) did notbite a human, the law mandates quarantine. Acts 2007, 80th Leg., R.S., Ch. REGISTRATION TAGS AND CERTIFICATE. USE AND SALE OF RABIES VACCINE. (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. REPORTS OF RABIES. 3.1622, eff. 99, 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. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Acts 1989, 71st Leg., ch. 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. September 1, 2021. 1, eff. Your dog must receive boosters on a regular schedule to remain protected. Sec. // (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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. HEARING. (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. , 75th Leg., R.S., ch or dog for Rabies Acts 2003, 78th Leg., ch of... Be numbered consecutively and must be held not later than the 10th after... Vaccinate cat or dog for Rabies // LiaJavaInput ( T ) any hybrid of an animal bite of any,..., or ferret placed in a 10-day confinement or rules adopted under this chapter be! To practice veterinary medicine in one or more of the dog is seized or delivered and humane.! Log must: ( 3 ) any hybrid of an animal listed in this subdivision tag issued the..., eff fees collected in the treasury of the total recorded deaths 2 ) the EXECUTIVE COMMISSIONER CAGING. Has fastened about its neck a dog identification tag issued by the.! 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