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. (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. REGISTRATION. (4) provide the name of the attending veterinarian, if applicable. Sec. DEFINITIONS. 14.810, eff. April 2, 2015. 826.016. 678, Sec. 1, eff. we provide special support for non-profit, educational, and government users. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. CERTIFICATE OF REGISTRATION; FEES. 669 (H.B. 219), Sec. 822.028. } April 2, 2015. 3.1639(119), eff. 678, Sec. (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. (a) If rabies is known to exist in an area, the department or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 219), Sec. The log must: (3) describe the type or nature of treatment; and. June 15, 2007. (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. 219), Sec. (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. 44, Sec. 1 (S.B. } The animal's owner must pay the fee before the animal may be released. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. window.status = msgStr; Amended by Acts 1995, 74th Leg., ch. 536 (S.B. (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. DETERMINATION THAT DOG IS DANGEROUS. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1989. 1, eff. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. 530 (H.B. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. April 2, 2015. Sec. and its subsequent amendments. Added by Acts 1999, 76th Leg., ch. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. Penal Code 398 (2022).) (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. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. In this chapter: (1) "Animal" means a warm-blooded animal. Sept. 1, 2003. (2) the requirements for animal control officer training adopted under Chapter 829. 826.025. 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. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. (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. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. Acts 2015, 84th Leg., R.S., Ch. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. September 1, 2017. (2) the program established by this chapter and the department rules adopted under this chapter. Acts 2007, 80th Leg., R.S., Ch. 822.011. 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. REGISTRATION FEE. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Acts 1989, 71st Leg., ch. Created byFindLaw's team of legal writers and editors Acts 2015, 84th Leg., R.S., Ch. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. The contracts or agreements may provide for payment by the state for materials, equipment, and services. 678, Sec. 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. September 1, 2007. 3, eff. Sec. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. Section 2131 et seq.) (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. Sec. Sec. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. Acts 2007, 80th Leg., R.S., Ch. (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. (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. September 1, 2015. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. Sec. 3.1615, eff. 916, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., 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. 1, eff. If any of these scenarios apply, a dog attack attorney can help you determine liability. (c) The local rabies control authority shall investigate a report filed under this section. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. 31, eff. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; The fees collected under this section may be used only to administer and enforce this subchapter. Sec. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. } 826.046. 822.110. Amended by Acts 1995, 74th Leg., ch. 826.015. 219), Sec. SUBCHAPTER A. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. (5) any other information the animal registration agency may require. (A) Biting dog, cat, or ferret. The owner must place the tag on the dog's collar. 826.054. 669 (H.B. Sept. 1, 2001. Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (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. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 822.112. 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. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). 826.045. Oftentimes, the victim looks to sue for a dog bite. Added by Acts 1991, 72nd Leg., ch. 7, eff. Amended by Acts 1995, 74th Leg., ch. 678, Sec. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. 3.1612, eff. Sec. (e) The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . Added by Acts 1997, 75th Leg., ch. A civil penalty collected under this subsection may be retained by the county or municipality. 2, eff. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Sept. 1, 1997. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1355), Sec. 826.021. 1, eff. Sec. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. (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. 1 (S.B. 1 (S.B. 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 With this ruling Texas became a "one bite rule" state. 1355), Sec. (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. 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. (b) Registration is valid for one year from the date of registration. 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. Acts 2015, 84th Leg., R.S., Ch. 826.017. Acts 2015, 84th Leg., R.S., Ch. Sec. Sec. Also, the dog's owner can sometimes choose not to have their dog put down. function di(id,name){ This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. No quarantine applies. for rabies. 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. 822.115. VIOLATIONS. 1069, Sec. If the domestic animal is showing clinical signs consistent with rabies . While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. Please try again. 822.116. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. May 5, 1995. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. Ramon Najera, an 81-year-old . (c) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. document.returnValue = true; To report an animal bite of any kind, please call 311. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (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. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. 99, Sec. (last accessed Jun. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. 669 (H.B. 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. 1, eff. 826.053. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 219), Sec. The veterinarian or local rabies control authority may bring suit to collect those costs. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Sec. (b) An offense under this section is a Class C misdemeanor. 826.022. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. Contact us. 1, eff. 219), Sec. CONTRACTS. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Acts 2005, 79th Leg., Ch. 3.1605, eff. 822.0421. 1355), Sec. 678, Sec. (b) In accordance with department rules and eligibility standards, the department is entitled to be reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in providing the vaccine or serum. // function that displays status bar message Acts 2015, 84th Leg., R.S., 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. 1 (S.B. 1, eff. Added by Acts 1989, 71st Leg., ch. Amended by Acts 2001, 77th Leg., ch. 2, eff. Amended by Acts 1997, 75th Leg., ch. . Acts 2015, 84th Leg., R.S., Ch. 2, eff. 678, Sec. (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. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 822.001. (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. September 1, 2015. Sec. Added by Acts 2001, 77th Leg., ch. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 1 (S.B.