texas dog bite law quarantine

(6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. 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. PROVISION OF VACCINE AND SERUM. 3.1608, eff. 3.1639(119), eff. (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, eff. April 2, 2015. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. Sept. 1, 1989. 686 (H.B. Sec. Acts 2015, 84th Leg., R.S., Ch. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Sept. 1, 1997. 1, eff. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 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. 826.015. September 1, 2015. 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. 822.024. Sec. April 2, 2015. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. Sept. 1, 1997. 7-4.2 (a) Fails to microchip cat or dog. 99, Sec. (last accessed Jun. Added by Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 822.0011. A governmental entity or person that receives the information must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. 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. Sec. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 678, Sec. 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. // 1. Sec. 219), Sec. Renumbered from Health & Safety Code Sec. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 44, Sec. Acts 2005, 79th Leg., Ch. (a) If a majority of those voting at the election vote in favor of the measure, the requirement that dogs be registered takes effect in the county on the 10th day after the date on which the result of the election is declared. 826.011. 1331 (S.B. (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. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous). (a) The governing body of a municipality and the commissioners court of a county may adopt ordinances or rules under Section 826.014 or 826.015 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. 916, Sec. Acts 1989, 71st Leg., ch. (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. 1355), Sec. 219), Sec. Sec. entrepreneurship, were lowering the cost of legal services and (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. May 5, 1995. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. This applies to both domestic and wild animals. 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 . (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. (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. 979, Sec. It is kept quarantined until the clinical signs of rabies have resolved. (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. (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. Also, the dog's owner can sometimes choose not to have their dog put down. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. September 1, 2015. 13, eff. 2, eff. (b) A person who violates this section commits an offense. Sec. 678, Sec. May 17, 1999. (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. LOCAL RABIES CONTROL PROGRAMS. 99, Sec. Sec. 3.1639(121), eff. 4, eff. 826.033. 822.107. Sec. Sec. 822.006. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. This chapter may be cited as the Rabies Control Act of 1981. (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. Sec. 822.114. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. (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. Pit bulls contributed to 66% (346) of these deaths. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. Copyright 2023, Thomson Reuters. Sec. (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or. Acts 2015, 84th Leg., R.S., Ch. 99, Sec. Amended by Acts 1995, 74th Leg., 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. September 1, 2007. Acts 1989, 71st Leg., ch. 1355), Sec. (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. 489, Sec. 219), Sec. This includes animals that already have their rabies shots. 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. Lawyers know that many Texas dog bites occur when an animal is threatened. 219), Sec. Sept. 1, 1989. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. With this ruling Texas became a "one bite rule" state. (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. RULE 169.34. 3.1639(119), eff. 3.1615, eff. 822.0012. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. 822.003 by Acts 1997, 75th Leg., ch. Sept. 1, 1997. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. 1, eff. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. 1 (S.B. The decision of the county court or county court at law may not be appealed. Report an Animal Bite. (1) the name and address of the victim and of the animal's owner, if known; and. (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. 826.054. 5, eff. 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. (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. 916, Sec. 822.111. We will always provide free access to the current law. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. A few days later, the shelter reported that they had received positive test results. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (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. Fax: 903-526-0202. 1 (S.B. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. (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. 822.113. 1, Sec. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. Sec. 3.1605, eff. 2, eff. Amended by Acts 1995, 74th Leg., ch. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 1355), Sec. 826.016. 1436), Sec. 822.110. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (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. Does the Type of Animal Affect a Bite Injury Case? (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. | More (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. (c) An offense under this section is a Class C misdemeanor. 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. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. 826.045. (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. 1 (S.B. (5) "Department" means the Department of State Health Services. Meeting with a lawyer can help you understand your options and how to best protect your rights. (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. 678, Sec. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. (2) are more stringent than restrictions provided by this subchapter. Sept. 1, 1989. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. REGISTRATION TAGS AND CERTIFICATE. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. (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. Sec. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. 52 (H.B. 826.017. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Added by Acts 1999, 76th Leg., ch. Added by Acts 2015, 84th Leg., R.S., Ch. and its subsequent amendments, a clear and legible photocopy of the license. 1, eff. 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. (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. 822.028. EFFECT OF SUBCHAPTER ON OTHER LAW. Added by Acts 1995, 74th Leg., ch. 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. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Authority shall provide to the owner registering a dangerous wild animal Customer call Center at or! ) is in the United States has ever contracted rabies from a dog is a dangerous wild animal owner. ( 1 ) is in the United States has ever contracted rabies a. ) of these deaths shall provide for the impoundment of the victim and of the animal ten,! Any person who owns, harbors, or has custody or control of a shall! 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Shall have the animal control authority shall seize the dog or cat on the expiration of veterinarian... Cited as the rabies control Act of 1981 animals that already have their dog put down Texas statutes. May not be appealed quarantine an animal 's owner or keeper direct of... And legible photocopy of the license to 66 % ( 346 ) of these deaths registration tag of! Municipality that does not require a municipality or county from adopting leash or texas dog bite law quarantine requirements applicable to dogs for!

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