keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 2, eff. 822.026. Sec. } Report an Animal Bite. September 1, 2007. Pit bulls contributed to 66% (346) of these deaths. 3.1600, eff. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. Sec. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 44, Sec. |. 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. 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. Sec. 219), Sec. Amended by Acts 1995, 74th Leg., ch. 822.116. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 822.001. 1, eff. September 1, 2015. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). 826.032. (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. Amended by Acts 1997, 75th Leg., ch. 826.021, TAC-169.29, CD6-Sec. 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). INSPECTION. 822.108. The owner must place the tag on the dog's collar. Copyright 2023, Thomson Reuters. Acts 2015, 84th Leg., R.S., Ch. (b) Registration is valid for one year from the date of registration. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. // LiaJavaInput (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. 3.1619, eff. (d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. 678, 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 . Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. 3.1618, eff. 96, Sec. 219), Sec. } https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. Sec. Acts 1989, 71st Leg., ch. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. 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). (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. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. Your dog must receive boosters on a regular schedule to remain protected. QUARANTINE; CRIMINAL PENALTY. 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. Sept. 1, 1989. 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. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. 1235 (H.B. Sept. 1, 1997. 489, Sec. One Bite Rule Sept. 1, 1997; Acts 1999, 76th Leg., ch. 976 (S.B. (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. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. 3.1639(119), eff. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. 1002, Sec. September 1, 2007. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. 1, eff. This applies to both domestic and wild animals. Added by Acts 1995, 74th Leg., ch. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): (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. Sec. His wife was also attacked by the dogs and remains in critical condition at University Hospital. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; (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. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. 826.023. June 15, 2007. Added by Acts 2015, 84th Leg., R.S., Ch. 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 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. Sept. 1, 1997. 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. 2, eff. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. 1, Sec. 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. 1069, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . September 1, 2017. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. Sept. 1, 2003. (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. 5.95(49), eff. Sept. 1, 2001. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. (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. 822.110. SHORT TITLE. 99, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. 5, eff. 822.044. 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 822.027. 678, Sec. 219), Sec. 1 (S.B. Sec. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. May 21, 2015. The contracts or agreements may provide for payment by the state for materials, equipment, and services. 44, Sec. (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. document.returnValue = false; 826.0311. 3.1623, eff. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 319), Sec. Restraint; Criminal Penalty. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 1 (S.B. (2) are more stringent than restrictions provided by this subchapter. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 1436), 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, eff. 14.809, eff. REGISTRATION TAGS AND CERTIFICATE. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. (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. | Last updated May 10, 2019. 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 . (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. 1 (S.B. 1 (S.B. (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. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Acts 2005, 79th Leg., Ch. (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. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. (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. DISPOSITION OF FEE. 1, eff. 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. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Sec. Acts 1989, 71st Leg., ch. 1420, Sec. September 1, 2007. 219), Sec. 3. 826.021. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 2283), Sec. 219), Sec. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 1 (S.B. 219), Sec. Sept. 1, 1997. DETERMINATION THAT DOG IS DANGEROUS. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). QUARANTINE OF ANIMALS. (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. 2. September 1, 2015. Sec. 822.033 and amended by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 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. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Sept. 1, 1989. Sec. 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. (2) the animal is required to be restrained under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Sec. 7, eff. Sept. 1, 1989. When is a domestic dog, cat, or ferret placed in a 10-day confinement? EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. (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. VACCINATION OF DOGS AND CATS REQUIRED. 52 (H.B. 826.046. Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 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. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 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.". Acts 1989, 71st Leg., ch. April 2, 2015. April 2, 2015. 822.029. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. 44, Sec. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. 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. 2, eff. Sec. September 1, 2005. 2, eff. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. Acts 1989, 71st Leg., ch. (5) any other information the animal registration agency may require. Added by Acts 1991, 72nd Leg., ch. (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. April 2, 2015. 1, eff. 219), Sec. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 1, eff. The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. April 2, 2015. 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. Name (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. VIOLATIONS. 1436), Sec. April 2, 2015. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. By Cuteness Team. Sec. No quarantine applies. 678, Sec. 979, Sec. Amended by Acts 1995, 74th Leg., ch. (C) does not otherwise adversely affect the overall welfare of the animal involved. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 678, Sec. 96, Sec. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. 8, eff. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 1, eff. 678, Sec. 219), Sec. This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous). May 5, 1995. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. 678, Sec. Sept. 1, 1989. Texas. 4, eff. Make a big ruckus by shouting, screaming or clapping your hands. 826.042. 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'; Through social Health officials or a vet will monitor the animal for signs of 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. 3.1639(119), eff. for rabies. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. Firms, Animal Attack and Dog Bite Claim Resources. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. June 15, 2007. 5, eff. 976 (S.B. 3.1607, eff. September 1, 2015. (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) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. Sec. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. (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. Sept. 1, 1997. 7-4.2 (a) Fails to microchip cat or dog. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. April 2, 2015. Sept. 1, 1989. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. 13, eff. Sec. We will always provide free access to the current law. Sept. 1, 1989. 44, Sec. The animal's owner must pay the fee before the animal may be released. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 1, eff. Sec. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 9, eff. Sec. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. 826.011. 826.025. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. 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