678, Sec. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. Amended by Acts 1995, 74th Leg., ch. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (d) Except as provided by Subsection (e), the veterinarian or local rabies control authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. April 2, 2015. One Bite Rule (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. Added by Acts 1989, 71st Leg., ch. 822.030. June 15, 2007. April 2, 2015. (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. Acts 1989, 71st Leg., ch. VACCINATION OF DOGS AND CATS REQUIRED. 1 (S.B. document.returnValue = true; No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 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. To claim livestock, call the Low Risk Animal Control. 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. document.returnValue = true; (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. Acts 2021, 87th Leg., R.S., Ch. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. (3) "Dog" means a domesticated animal that is a member of the canine family. Please try again. 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. (2) any other information that may help in locating the victim or animal. 916, Sec. 219), Sec. (b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in this state unless the person is: (1) licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine; or. (b) A person who violates this section commits an offense. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Acts 1989, 71st Leg., ch. (5) "Department" means the Department of State Health Services. Sept. 1, 1989. HEARING. 319), Sec. Sec. 822.024. (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. 1 (S.B. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. 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. 678, Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. (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. 979, Sec. 822.113. 826.048. Acts 2017, 85th Leg., R.S., Ch. 1, eff. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 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 . Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 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. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. (c) An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or. (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. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. The owner must place the tag on the dog's collar. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. No anti-rabies prophylaxis is needed. 96, Sec. 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. Created byFindLaw's team of legal writers and editors Acts 1989, 71st Leg., ch. 826.042. 992 (H.B. (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. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. " 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. 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. Sept. 1, 1989. May 5, 1995. 1, eff. Also, the dog's owner can sometimes choose not to have their dog put down. 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. 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. INSPECTIONS. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. 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. QUARANTINE; CRIMINAL PENALTY. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". 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. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. May 5, 1995. (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. 822.023. (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. Sec. Sec. Acts 2005, 79th Leg., Ch. . May 5, 1995; Acts 2001, 77th Leg., ch. April 2, 2015. Amended by Acts 1997, 75th Leg., ch. 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. Sec. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. (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. 3.1639(121), eff. Sept. 1, 1989. 826.016. 1, eff. 1 (S.B. 1, eff. April 2, 2015. Acts 1989, 71st Leg., ch. Added by Acts 2003, 78th Leg., ch. 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. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. This includes animals that already have their rabies shots. Sept. 1, 1989. 1, eff. Section 2131 et seq.) 2, eff. (4) provide the name of the attending veterinarian, if applicable. (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. 3.1600, eff. 1002, Sec. 44, Sec. Added by Acts 1991, 72nd Leg., ch. May 5, 1995. 2026), Sec. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. Amended by Acts 1995, 74th Leg., ch. And this is often the case if the assault is not severe. 6-231). An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. September 1, 2021. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. Acts 2015, 84th Leg., R.S., Ch. (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. (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. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. Sec. (e) Sec. 1 (S.B. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. if (showMsg) { (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. Phone: 903-590-2840. 822.112. April 2, 2015. 822.013. 1, eff. 678, Sec. APPEAL. SHORT TITLE. September 1, 2015. April 2, 2015. Notice of such order shall be given by publication . 826.054. September 1, 2017. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. 11, eff. 1, eff. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. 2, eff. HEARING. 1, eff. 1562), Sec. Contact us. 3.1605, eff. DEFINITIONS. (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. 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. 822.0423. 1 (S.B. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. Restraint; Criminal Penalty. EFFECT OF SUBCHAPTER ON OTHER LAW. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 219), Sec. Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. (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. 99, Sec. 1, eff. 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. 822.0012. 44, Sec. 99, Sec. 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. Sec. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. REPORTS OF RABIES. REGISTRATION TAGS AND CERTIFICATE. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 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. Amended by Acts 1995, 74th Leg., ch. 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. 7-4.2 (a) Fails to microchip cat or dog. 822.011 and amended by Acts 2003, 78th Leg., ch. Sec. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. Sept. 1, 1997. Sept. 1, 1989. (2) the program established by this chapter and the department rules adopted under this chapter. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 1426), Sec. If the victim is deemed to be more than 50% at fault, there is no liability. To report an animal bite of any kind, please call 311. Acts 2015, 84th Leg., R.S., Ch. If the domestic animal is showing clinical signs consistent with rabies . Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 219), Sec. May 5, 1995. 678, Sec. An offense under this subsection is punishable by a fine of not more than $100. Sept. 1, 1991. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . 1, eff. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Sec. Amended by Acts 1995, 74th Leg., ch. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. Sec. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 822.042. (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. 99, Sec. 2, eff. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. (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. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Amended by Acts 1995, 74th Leg., ch. 6, eff. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control 1 (S.B. It is kept quarantined until the clinical signs of rabies have resolved. (a) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. 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). 686 (H.B. 826.043. Acts 1989, 71st Leg., ch. USE AND SALE OF RABIES VACCINE. Sept. 1, 1997. 822.116. 1, eff. April 2, 2015. 1, eff. 1, eff. Sec. 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. VIOLATIONS. 916, Sec. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. 826.031. 826.024. (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. Sept. 1, 1991. 826.022. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. All rights reserved. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. Sec. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. DEFENSE. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (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. September 1, 2007. (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. 1 (S.B. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. 822.004 and amended by Acts 1997, 75th Leg., ch. (a) A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 219), Sec. Kennel Cough. 1002, Sec. (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. 3.1616, eff. 219), Sec. April 2, 2015. Make a big ruckus by shouting, screaming or clapping your hands. 1, Sec. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. Sec. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. Sept. 1, 1997. Sec. 1069, Sec. This chapter may be cited as the Rabies Control Act of 1981. 1, eff. Acts 1989, 71st Leg., ch. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. April 2, 2015. 1 (S.B. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (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. June 15, 2007. 826.021, TAC-169.29, CD6-Sec. 1, eff. September 1, 2017. (b) Notwithstanding the definition in Section 822.041(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. 2. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Sec. (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. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. (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. Email: shelter@smith-county.com. Acts 2015, 84th Leg., R.S., Ch. (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. With this ruling Texas became a "one bite rule" state. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 1, eff. 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. Sept. 1, 2001. Of such order shall be given by publication with this ruling Texas became a `` bite! S owner can sometimes choose not to have their dog put down of. 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