Amended by Acts 1995, 74th Leg., ch. If any of these scenarios apply, a dog attack attorney can help you determine liability. 678, Sec. 1740), Sec. 826.051. 822.044. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. (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. Added by Acts 2007, 80th Leg., R.S., Ch. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 219), 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. 1 (S.B. 686 (H.B. 1, Sec. (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. Health officials or a vet will monitor the animal for signs of rabies. 530 (H.B. // LiaJavaInput 3.1610, eff. 3.1608, eff. Sec. 2026), Sec. 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. (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. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. 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. April 2, 2015. 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. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. Sec. 822.112. September 1, 2007. 3.1612, eff. Sec. 822.108. The San Antonio attack was the first of two pit . USE AND SALE OF RABIES VACCINE. Sept. 1, 1989. 1 (S.B. The area is defined by the borders of the State of Texas. Amended by Acts 1995, 74th Leg., ch. 3, eff. Added by Acts 1989, 71st Leg., ch. The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). 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. 822.027. May 5, 1995. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. 219), Sec. Renumbered from Health & Safety Code Sec. 219), Sec. Sec. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Acts 2007, 80th Leg., R.S., Ch. Sec. Sept. 1, 1991. Acts 2007, 80th Leg., R.S., Ch. 3.1611, eff. 822.021. 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. and its subsequent amendments. 1 (S.B. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Sec. (d) A suit or other proceeding may be brought against: (2) the parent, guardian, or other person legally responsible for the support of the recipient; or. In this chapter: (1) "Animal" means a warm-blooded animal. CONTRACTS. 219), Sec. 2283), Sec. 3.1639(119), eff. 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. increasing citizen access. 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. (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. Added by Acts 1997, 75th Leg., ch. Sec. 219), Sec. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 822.024. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. Sept. 1, 2003. Renumbered from Health & Safety Code Sec. 826.021. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. 31, eff. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. 826.053. 99, Sec. 822.109. 2, eff. 3.1617, eff. Sec. (C) does not otherwise adversely affect the overall welfare of the animal involved. (T) any hybrid of an animal listed in this subdivision. (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. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. In 2015, the dogs' owner was sentenced to five years in prison. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. (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. Created byFindLaw's team of legal writers and editors 7-4.2 (a) Fails to microchip cat or dog. Acts 1989, 71st Leg., ch. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. (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. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. 1355), Sec. (2) the program established by this chapter and the department rules adopted under this chapter. Section 42.092 of the Texas Penal Code. 1, eff. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 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. May 5, 1995. 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. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. (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. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. QUARANTINE OF ANIMALS. 219), Sec. (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. function dmim(msgStr) { (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. 7, 2021). (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. QUARANTINE; CRIMINAL PENALTY. April 2, 2015. Ramon Najera, an 81-year-old . 678, Sec. 3.1615, eff. 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. 822.0423. Amended by Acts 1997, 75th Leg., ch. and . IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 1436), Sec. June 15, 2007. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. SUBCHAPTER A. } This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. Acts 1989, 71st Leg., ch. 1, eff. September 1, 2017. Amended by Acts 1995, 74th Leg., ch. (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. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. June 18, 2005. (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. 822.030. 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. The animal's owner must pay the fee before the animal may be released. (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. April 2, 2015. 826.054. 678, Sec. 1, eff. VACCINATION; CRIMINAL PENALTY. 1 (S.B. DEFINITIONS. April 2, 2015. (a) Declaration. (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. 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. Sept. 1, 1989. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. CERTIFICATE OF REGISTRATION APPLICATION. 678, Sec. DOGS OR COYOTES THAT ATTACK ANIMALS. (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 . 44, Sec. 3, eff. Original Source: (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. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (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. Sec. (3) any other person authorized to take possession of the dog. 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. 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. The owner of the dogs now faces felony charges, police said. 669 (H.B. Sept. 1, 1997. May 17, 1999. 219), Sec. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. This is the main section that was updated in the latest revision of Order 171. ATTACK BY DANGEROUS DOG. 826.021, TAC-169.29, CD6-Sec. 1355), Sec. This chapter may be cited as the Rabies Control Act of 1981. The log must: (3) describe the type or nature of treatment; and. 99, Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 1, eff. 822.035. Sec. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. (c) An offense under this section is a Class C misdemeanor. 1, eff. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. (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. Sept. 1, 1997. Acts 2015, 84th Leg., R.S., Ch. 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. 976 (S.B. Sec. 678, Sec. (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. 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. Sept. 1, 1989. Biting animal to be confined; veterinarian to report. Acts 2007, 80th Leg., R.S., Ch. ATTACK BY DOG. (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. (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. 822.101. RESTRAINT; CRIMINAL PENALTY. 2, eff. 1, eff. (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. MINIMUM STANDARDS FOR RABIES CONTROL. 1, eff. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. To report an animal bite please call the Customer Call Center at 311 or contact Animal Care Services at 361-826-4634 or 361-826-4616. 822.107. CRIMINAL PENALTY. 9, eff. Section 2131 et seq.) (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. Texas State Law requires that owners of dogs, cats, and ferrets be vaccinated against rabies by four months of age and given a second inoculation against rabies one year later, then tri-annually thereafter (VTCA-Sec. (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. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. Sec. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. Officials say the dogs killed . (b) An offense under this section is a Class C misdemeanor. 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. Sept. 1, 1989. 219), Sec. DEFINITIONS. September 1, 2015. Added by Acts 1991, 72nd Leg., ch. if (document.images) { Sec. 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