(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. 826.052. (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. Sec. 2, 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. 11, eff. Acts 2015, 84th Leg., R.S., Ch. 822.044. (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. Civilly, an owner can be held liable if they knew the dog had bitten someone before and did not use "reasonable care" in restraining the dog, said. 99, Sec. entrepreneurship, were lowering the cost of legal services and ELECTION RESULT. Sept. 1, 1997. 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. (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. 8, eff. (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. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. 1 (S.B. (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. 1355), Sec. (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. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). Sept. 1, 1995. 1 (S.B. 822.022. Sec. 44, Sec. Acts 1989, 71st Leg., ch. 822.012. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. Sept. 1, 1989. 826.045. 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. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 1, eff. 822.028. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . 3.1620, eff. 5, eff. 678, Sec. September 1, 2015. 96, Sec. 1740), Sec. } 99, Sec. 822.041. 3.1601, eff. September 1, 2007. 822.113. Sept. 1, 2003. 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. (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. (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. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 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. The animal's owner must pay the fee before the animal may be released. 826.025. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. 1436), Sec. Sec. We will always provide free access to the current law. 1 (S.B. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (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. Sept. 1, 1989. 99, Sec. Sept. 1, 1989. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. Added by Acts 2007, 80th Leg., R.S., Ch. 2026), Sec. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 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 The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 219), Sec. 3.1639(121), eff. SHORT TITLE. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. 219), Sec. (4) provide the name of the attending veterinarian, if applicable. 3.1615, eff. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. QUARANTINE; CRIMINAL PENALTY. 1 (S.B. 678, Sec. April 2, 2015. (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. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. Sec. Restraint; Criminal Penalty. 3, eff. September 1, 2007. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. The law . window.status = msgStr; Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. | Last updated May 10, 2019. (b) A person who violates this section commits an offense. June 14, 2001. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Please try again. LOCAL RABIES CONTROL PROGRAMS. Added by Acts 1995, 74th Leg., ch. It is kept quarantined until the clinical signs of rabies have resolved. The decision of the county court or county court at law may not be appealed. Email: shelter@smith-county.com. //-->. (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. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. DEFINITIONS. Sept. 1, 1989. 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. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Section 2131 et seq.) September 1, 2017. if (showMsg) { (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 678, Sec. 3.1623, eff. RELOCATION OR DISPOSITION OF ANIMAL. 916, Sec. 3.1607, eff. 1 (S.B. Kennel Cough. Acts 1989, 71st Leg., ch. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. REGISTRATION TAGS AND CERTIFICATE. 916, Sec. (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. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. COUNTIES MAY ADOPT ORDINANCES AND RULES. Sept. 1, 1991. Sec. 826.041. 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. Added by Acts 2001, 77th Leg., ch. To report an animal bite of any kind, please call 311. Texas. (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. Sec. September 1, 2017. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. May 5, 1995; Acts 2001, 77th Leg., ch. April 2, 2015. Acts 2005, 79th Leg., Ch. 1, eff. 319), Sec. function dmim(msgStr) { Sec. Acts 2015, 84th Leg., R.S., Ch. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. 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 (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. Sec. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. Acts 2015, 84th Leg., R.S., Ch. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. All rights reserved. and its subsequent amendments. DEFINITIONS. The fees collected under this section may be used only to administer and enforce this subchapter. Sec. 1436), Sec. Sec. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. 44, Sec. 1, eff. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. " 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. 822.109. Original Source: The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. 1, eff. DISPOSITION OF FEE. 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. Added by Acts 2015, 84th Leg., R.S., 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. 822.105. } 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. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. 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. (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. 219), Sec. 3, eff. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. (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. 7, eff. for rabies. function di(id,name){ April 2, 2015. 219), Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. Person is a dog trainer or an employee of a guard dog company. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 2, eff. (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. (5) "Department" means the Department of State Health Services. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 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. An offense under this subsection is punishable by a fine of not more than $100. 2. Sec. 1, eff. (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. 1426), Sec. Added by Acts 1999, 76th Leg., ch. 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 court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. 1331 (S.B. States that do not have a strict liability statute when it comes to dog attacks usually . Added by Acts 1991, 72nd Leg., ch. 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. 489, Sec. (b) An offense under this section is a Class C misdemeanor. Amended by Acts 1995, 74th Leg., ch. Renumbered from Health & Safety Code Sec. 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. 1 (S.B. 822.006. 1, eff. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 1999, 76th Leg., Ch, a dog trainer or an employee of a guard dog company ( )... A Class c misdemeanor dog attack attorney can help you determine liability 84th Leg., R.S., Ch the destruction... 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