822.110. 822.028. Sept. 1, 1997. Acts 2015, 84th Leg., R.S., Ch. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. CIVIL PENALTY. The fees collected under this section may be used only to administer and enforce this subchapter. April 2, 2015. 2. Renumbered from Health & Safety Code 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. Acts 1989, 71st Leg., ch. 219), Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Remember, state dog bite laws are a combination of local and state laws and are subject to change. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 669 (H.B. Sec. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. There are further considerations following an attack. (T) any hybrid of an animal listed in this subdivision. Through social } (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and. 3.1608, 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 . Sec. This chapter may be cited as the Rabies Control Act of 1981. Sec. 6, eff. Acts 2015, 84th Leg., R.S., Ch. RESTRAINT; CRIMINAL PENALTY. 530 (H.B. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 822.011. In addition, Sec. April 2, 2015. (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. 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 . (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. 219), Sec. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. Acts 1989, 71st Leg., ch. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". 1, eff. 2, eff. 678, Sec. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. April 2, 2015. (2) pays an annual registration fee of $50. Acts 2015, 84th Leg., R.S., Ch. HEARING. (b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law. USE AND SALE OF RABIES VACCINE. or uses dogs for law enforcement or corrections purposes. 1355), Sec. APPEAL. Health officials or a vet will monitor the animal for signs of rabies. 6-231). Section 826.042 Quarantine of Animals, (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. (1) Statewide quarantine. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. (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. (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. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. 2, eff. 96, Sec. September 1, 2005. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . COUNTIES MAY ADOPT ORDINANCES AND RULES. 1, eff. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or. (c) The local rabies control authority shall investigate a report filed under this section. 1, eff. 2, eff. Biting animal to be confined; veterinarian to report. 822.104. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. document.returnValue = false; (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. 678, Sec. In most cases, the quarantine/observation may be in your home. Spray the dogs with a garden hose.. Sec. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Sec. Penal Code 398 (2022).) 489, Sec. 822.027. LOCAL REGULATION OF DOGS. Amended by Acts 1995, 74th Leg., ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 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. OFFENSE AND PENALTY. 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. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. The log must: (3) describe the type or nature of treatment; and. (3) "Dog" means a domesticated animal that is a member of the canine family. Acts 1989, 71st Leg., ch. (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. (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. 822.029. 219), Sec. 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. The veterinarian or local rabies control authority may bring suit to collect those costs. Sec. April 2, 2015. 3.1639(121), eff. 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. (12) "Livestock" means an animal raised for human consumption or an equine animal. 826.022. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Sept. 1, 1995. 54, Sec. Sept. 1, 1989. Meeting with a lawyer can help you understand your options and how to best protect your rights. 916, 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. 826.0311. Firms, Animal Attack and Dog Bite Claim Resources. 2. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. |. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. 219), Sec. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Original Source: Does the Type of Animal Affect a Bite Injury Case? 5, eff. (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. Sec. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Added by Acts 2003, 78th Leg., 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. (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. (3) any other person authorized to take possession of the dog. INTERVAL BETWEEN ELECTIONS. 822.021. Sec. The governing body of the municipality or county may prescribe the amount of the fees. (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. Section 2131 et seq.) Acts 2015, 84th Leg., R.S., Ch. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; Pit bulls contributed to 66% (346) of these deaths. (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. // function that displays status bar message IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Section 2131 et seq.) (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. INJUNCTION. Renumbered from Health & Safety Code Sec. 1, eff. (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. 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. Sec. Sec. 1420, Sec. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. September 1, 2015. 822.0424. Confinement should be performed in coordination with public health authorities. 826.0211. April 2, 2015. 1, eff. Sec. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. April 2, 2015. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. The law . 219), Sec. 1. 826.013. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. This applies to both domestic and wild animals. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 1331 (S.B. (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 219), Sec. 826.055. 1 (S.B. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. 1, eff. Sec. 826.033. 530 (H.B. Sept. 1, 1989. document.returnValue = false; 1, eff. (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. 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