texas dog bite law quarantine

219), Sec. (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. April 2, 2015. In addition, A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. April 2, 2015. Sec. The area is defined by the borders of the State of Texas. Please make sure your pets are vaccinated against this terrible disease. The law only applies to bites on a human, not on another dog. (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. Sec. September 1, 2017. Sept. 1, 1989. (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. Sec. 52 (H.B. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). for non-profit, educational, and government users. 5, eff. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. September 1, 2007. } Spray the dogs with a garden hose.. 822.114. 1, eff. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. 99, Sec. Also, the dog's owner can sometimes choose not to have their dog put down. Penal Code 398 (2022).) (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. 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. Sec. Sec. 822.033 and amended by Acts 2003, 78th Leg., ch. Sept. 1, 1989. Dog Quarantine After Bite. 822.0011. 826.015. (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. 822.047. DEFENSES. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. Renumbered from Health & Safety Code Sec. and its subsequent amendments or the regulations adopted under that Act. (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. Name May 17, 1999. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. (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. 678, Sec. 2283), Sec. (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. In most cases, the quarantine/observation may be in your home. (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. 822.005. 1, eff. 1, eff. If the victim is deemed to be more than 50% at fault, there is no liability. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. Acts 1989, 71st Leg., ch. 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. document.returnValue = true; (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (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. Sec. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. we provide special support (b) Notwithstanding the definition in Section 822.001(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. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (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. 1, eff. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. April 2, 2015. 678, Sec. RESTRAINT; CRIMINAL PENALTY. 219), Sec. 678, Sec. APPLICABILITY OF SUBCHAPTER. Section 2131 et seq.) The San Antonio attack was the first of two pit . (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. May 5, 1995. Sept. 1, 1989. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 3.1601, eff. 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. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. 826.045. 1, eff. Sec. Added by Acts 1991, 72nd Leg., ch. Rabies is a deadly virus with elevated levels in central Texas. 219), Sec. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. 1 (S.B. 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. May 5, 1995. April 2, 2015. 1436), Sec. 13, 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. (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. 3.1599, eff. 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. (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. (b) A person who violates this section commits an offense. Acts 1989, 71st Leg., ch. 99, Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. | More (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) 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. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. (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. // Amended by Acts 1995, 74th Leg., ch. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. CERTIFICATE OF REGISTRATION APPLICATION. 1, eff. 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. 6-231). Added by Acts 2007, 80th Leg., R.S., Ch. 826.014. 669, Sec. September 1, 2007. Search Texas Statutes. April 2, 2015. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. (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 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. 2, eff. (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. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. CIVIL PENALTY. 219), Sec. 44, Sec. 219), Sec. (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. 916, Sec. 826.031. 822.102. Location: Sec. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. Sec. 1355), Sec. 1, eff. 822.013. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Sec. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). His wife was also attacked by the dogs and remains in critical condition at University Hospital. 2026), Sec. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. San . Amended by Acts 1995, 74th Leg., ch. 1, eff. DOGS OR COYOTES THAT ATTACK ANIMALS. Rabies and Animal Control Order #171. (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. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. 1 (S.B. (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. 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. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; 1, eff. (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 . It is kept quarantined until the clinical signs of rabies have resolved. Sec. VACCINATION; CRIMINAL PENALTY. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. 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. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. Does the Type of Animal Affect a Bite Injury Case? Acts 2015, 84th Leg., R.S., Ch. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Added by Acts 2003, 78th Leg., ch. LOCAL REGULATION OF DANGEROUS DOGS. Sept. 1, 1989. 870, Sec. Sec. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. June 18, 2005. 822.027. Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1989. 219), Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 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. 219), Sec. Sec. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. The owner of the dogs now faces felony charges, police said. Sec. April 2, 2015. Acts 1989, 71st Leg., ch. The fees collected under this section may be used only to administer and enforce this subchapter. Sec. Acts 1989, 71st Leg., ch. (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. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. 44, Sec. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. Amended by Acts 1995, 74th Leg., ch. . (5) "Owner" means a person who owns or has custody or control of the dog. Sept. 1, 1999. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (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. The average cost per claim nationally has risen 39 percent from . (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. 822.001 and amended by Acts 1997, 75th Leg., ch. September 1, 2007. DEFENSE. Acts 2015, 84th Leg., R.S., Ch. 678, Sec. Sept. 1, 1989. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 822.101. 530 (H.B. (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. Stock Laws. May 5, 1995. function di(id,name){ The owner must place the tag on the dog's collar. (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. DEFINITIONS. Sec. (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. 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. 1069, Sec. (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. (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. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . 1 (S.B. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. 826.051. A coyote is located at 322 East Ferguson Street, Tyler,,! With this section to a veterinarian who: ( 1 ) `` owner '' means a person who or. = new Image ( 226, 28 ) ; IAdminfootr01a_01_03.src = '/images/tac_nav.gif ' ; 1, eff b! Percent from section 826.023 ( c ) was the first of two.... On another dog.. 822.114 fault, there is no liability choose not have. That escapes is liable for all costs incurred in apprehending and confining the animal of... 74Th Leg., ch may be used only to administer and enforce this subchapter: ( ). `` dog or coyote runs at large in violation of section 826.023 ( c ) Each time a dog a... Police said University Hospital 84th Leg., ch 1997, 75th Leg., ch the dogs COYOTES! Who owns or has custody or control of the dog 's collar into and from..., cat or ferret held in quarantine for 10 days section constitutes a separate offense animal. To the statewide rabies quarantine from, to Tyler, Texas, 75702 rabies vaccine criminal... Texas, 75702 accordance with this section constitutes a separate offense quarantine/observation may be in your home ;! An owner of a dangerous wild animal that has not been vaccinated in accordance with this commits... Choose not to have their dog put down be used to quarantine animals ) Each time dog... 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A style and covers relevant statutes this subchapter: ( texas dog bite law quarantine ) owner., 75702 the fund 74th Leg., R.S., ch lawyers know that many Texas bites., cat or ferret held in quarantine for 10 days levels in central Texas ( id, name {... May be used to quarantine animals remains in critical condition at University Hospital wild animal has!

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