1 (S.B. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Most states mandate a 10-day dog bite quarantine because federal law governing testing and vaccination against rabies for animals is insufficient to protect everyone from this highly contagious virus. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (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. (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. 826.022. 3.1622, eff. (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. 1355), Sec. 1, eff. DEFINITIONS. 1331 (S.B. Acts 2015, 84th Leg., R.S., Ch. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. Sept. 1, 1997. LOCAL RABIES CONTROL PROGRAMS. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Added by Acts 2001, 77th Leg., ch. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (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. 3.1611, eff. Sec. 1 (S.B. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. (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. document.returnValue = false; REGISTRATION; CRIMINAL PENALTY. V.T.C.A., Health . Firms, Animal Attack and Dog Bite Claim Resources. Sept. 1, 1997. Sept. 1, 2001. 3.1610, eff. Acts 1989, 71st Leg., ch. 3.1639(119), eff. 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. (E) in conformance with the requirements for enclosures established by the local animal control authority. (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. (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. (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. Rule 3701-3-29. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . 1 (S.B. 219), Sec. Sec. } CRIMINAL PENALTY. Sec. MINIMUM STANDARDS FOR RABIES CONTROL. Sept. 1, 1989. (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. 3.1609, eff. (a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by: (2) ordinances or rules adopted under this chapter by a county or municipality. Contact us. Sept. 1, 1989. (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. 822.028. 1, eff. Sept. 1, 2001. It can be reached at 409.643.5720 . The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the executive commissioner. Oftentimes, the victim looks to sue for a dog bite. 822.103. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. 822.045. In the 15-year period of 2005 through 2019, canines killed 521 Americans. 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. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. 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. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. Renumbered from Health & Safety Code Sec. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 822.033 and amended by Acts 2003, 78th Leg., ch. (5) any other information the animal registration agency may require. Amended by Acts 1995, 74th Leg., ch. (a) It shall be unlawful for any person owning or having in his possession any dog to allow such dog to be at large without the owner or person in charge thereof having direct physical control over such dog. (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. 826.017. 4, eff. Sept. 1, 2003. 3.1620, eff. Sept. 1, 1989. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). One Bite Rule 11, eff. The San Antonio attack was the first of two pit . 3.1600, eff. 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. Join thousands of people who receive monthly site updates. 4, eff. (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. DETERMINATION THAT DOG IS DANGEROUS. Renumbered from Health & Safety Code Sec. 1 (S.B. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. 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. Sept. 1, 1999. Sec. 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. 1420, Sec. INTERVAL BETWEEN ELECTIONS. 1, eff. | More Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. (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. // LiaJavaInput Lawyers know that many Texas dog bites occur when an animal is threatened. September 1, 2017. 13, eff. Sec. 822.024. 3340), Sec. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. 822.044. 822.113. Acts 2017, 85th Leg., R.S., Ch. 669 (H.B. Sec. 530 (H.B. (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. 1069, Sec. 1 (S.B. and its subsequent amendments, a clear and legible photocopy of the license. Acts 1989, 71st Leg., ch. Sec. (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. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). 826.025. Texas State Law requires that rabies vaccines for animals must be administered by a licensed 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. Sec. (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. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. (C) does not otherwise adversely affect the overall welfare of the animal involved. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. QUARANTINE OF ANIMALS. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. (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. Sept. 1, 1997. (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. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. May 5, 1995. Acts 1989, 71st Leg., ch. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1991. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. 99, Sec. (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. INSPECTIONS. 826.021, TAC-169.29, CD6-Sec. Fax: 903-526-0202. Sec. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. 822.004 and amended by Acts 1997, 75th Leg., ch. 678, Sec. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1, eff. ATTACK BY DOG. 1 (S.B. 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 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. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. 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. (2) are more stringent than restrictions provided by this subchapter. (a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. 1, eff. 822.022. (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. Acts 2015, 84th Leg., R.S., Ch. The log must: (3) describe the type or nature of treatment; and. September 1, 2007. 1, eff. 3.1639(121), eff. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. 219), Sec. 3.1639(121), eff. 536 (S.B. 1002, Sec. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 219), Sec. (c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. (c) An offense under this section is a Class C misdemeanor. 3.1624, eff. 822.026. 1 (S.B. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. April 2, 2015. 530 (H.B. Sept. 1, 1989. 3.1615, eff. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 219), Sec. 1728), Sec. The owner shall pay any cost incurred in seizing the dog. 489, 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. A civil penalty collected under this subsection may be retained by the county or municipality. for non-profit, educational, and government users. 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.". (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 . June 14, 2001. if (showMsg) { (last accessed Jun. (3) any other person authorized to take possession of the dog. 1. |. CIVIL PENALTY. 2, eff. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 219), 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. 1, eff. 219), Sec. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. September 1, 2017. DEFINITIONS. Criminal negligence or previously determined dangerous dog (Texas H&S 822.05): Attack by a dog determined to be dangerous (Texas H&S 822.044): Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. April 2, 2015. The veterinarian or local rabies control authority may bring suit to collect those costs. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. 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