Sec. Added by Acts 2001, 77th Leg., ch. 9, eff. Sept. 1, 1989. 2. Acts 2015, 84th Leg., R.S., Ch. Sec. Sec. (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 that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 822.106. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. and . During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. DEFENSES. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. 44, Sec. Texas State Law requires that rabies vaccines for animals must be administered by a licensed Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. 96, Sec. } 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. Sec. 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. 219), Sec. 822.0012. 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. 530 (H.B. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 1 (S.B. Restraint; Criminal Penalty. (4) provide the name of the attending veterinarian, if applicable. COUNTIES MAY ADOPT ORDINANCES AND RULES. (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. DEFENSE. ELECTION RESULT. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. then by law it must be euthanized and tested. April 2, 2015. Sept. 1, 1989. 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. Sec. April 2, 2015. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. 1, eff. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. September 1, 2007. if (document.images) { 3. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (b) A dog or cat may not be subject to dual registration. (2) the program established by this chapter and the department rules adopted under this chapter. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 3.1624, eff. 3.1639(121), eff. 5, eff. 1728), Sec. April 2, 2015. Amended by Acts 1997, 75th Leg., ch. 822.110. Sept. 1, 1991. 1, eff. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. 916, Sec. 916, Sec. Acts 2015, 84th Leg., R.S., Ch. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. 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 . Sept. 1, 2003. (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. Sec. (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. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 1. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. Sec. 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 By Cuteness Team. An offense under this subsection is punishable by a fine of not more than $100. 678, Sec. A civil penalty collected under this subsection may be retained by the county or municipality. 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 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. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. 3.1607, eff. REGISTRATION TAGS AND CERTIFICATE. 1, eff. Sept. 1, 1997. 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. 1 (S.B. Phone: 903-590-2840. (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. 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. 219), Sec. DEFINITIONS. Sept. 1, 2003. 822.004 and amended by Acts 1997, 75th Leg., ch. 822.024. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. The San Antonio attack was the first of two pit . 1, eff. Sec. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. Sept. 1, 1997. Also, the dog's owner can sometimes choose not to have their dog put down. 99, Sec. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. REGISTRATION; CRIMINAL PENALTY. (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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 3.1639(121), eff. 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. Amended by Acts 2001, 77th Leg., ch. (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. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Sec. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. // LiaJavaInput Acts 1989, 71st Leg., ch. REPORTS OF RABIES. (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. 822.041. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. 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. 1069, Sec. 3.1611, eff. Sec. 1002, Sec. 1 (S.B. Sec. 826.031. (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. Acts 2015, 84th Leg., R.S., Ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; LOCAL REGULATION OF DANGEROUS DOGS. 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. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. In this chapter: (1) "Animal" means a warm-blooded animal. (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. 826.016. 1 (S.B. Sept. 1, 1991. 1, eff. 2, eff. LOCAL RABIES CONTROL PROGRAMS. 822.042. (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. Acts 2015, 84th Leg., R.S., Ch. 3.1615, eff. (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. 826.051. (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. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. Sec. 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. Acts 2015, 84th Leg., R.S., Ch. 992 (H.B. OFFENSE AND PENALTY. RULE 169.34. 76, Sec. 2, eff. 822.003 by Acts 1997, 75th Leg., ch. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. 1, eff. SUBCHAPTER B. Sec. Contact us. 826.0311. (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. April 2, 2015. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Spray the dogs with a garden hose.. 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. // The java used for navigation in the Public OM page 822.006. HEARING. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. June 15, 2007. A few days later, the shelter reported that they had received positive test results. 3.1602, eff. SUBCHAPTER A. 822.102. 678, Sec. 3.1639(121), eff. 1 (S.B. 826.018. (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. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. for rabies. 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