This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. Acts 2015, 84th Leg., R.S., Ch. (b) A person who violates this section commits an offense. 822.102. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . 3.1600, eff. Restraint; Criminal Penalty. 3. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 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. 3.1619, eff. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 678, Sec. 1 (S.B. Sec. Sec. (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. Biting animal to be confined; veterinarian to report. 1 (S.B. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. Acts 2007, 80th Leg., R.S., Ch. May 5, 1995; Acts 2001, 77th Leg., ch. Sec. This applies to both domestic and wild animals. 99, Sec. Acts 2007, 80th Leg., R.S., Ch. 44, Sec. May 17, 1999. 822.108. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). //-->. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 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. // function that displays status bar message Sec. 2, eff. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. 822.006. (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. September 1, 2007. Sec. (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. 3.1602, eff. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be By Cuteness Team. (last accessed Jun. (2) the requirements for animal control officer training adopted under Chapter 829. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 826.031. Amended by Acts 1995, 74th Leg., ch. 976 (S.B. document.returnValue = true; Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. 822.0421. (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. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. (a) Declaration. } (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. and its subsequent amendments or the regulations adopted under that Act. or uses dogs for law enforcement or corrections purposes. June 15, 2007. 979, Sec. Amended by Acts 1995, 74th Leg., ch. 1, eff. 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. DESTRUCTION OF DOG. Sec. April 2, 2015. 822.005. 44, Sec. LIMITATION ON LIABILITY. September 1, 2007. document.returnValue = false; COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. 678, Sec. Report an Animal Bite. 826.053. 2283), Sec. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. 6, eff. Sec. 826.018. (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. 1 (S.B. 1355), Sec. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). 822.035. Sept. 1, 1989. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 3.1613, eff. Sec. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. (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. 826.001. (2) any other information that may help in locating the victim or animal. Confinement should be performed in coordination with public health authorities. 1 (S.B. Rule 3701-3-29. for rabies. (e) 822.0012. (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. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 530 (H.B. REGISTRATION FEE. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (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. 826.041. 822.011. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 822.002. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. ATTACK BY DOG. (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. (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. One Bite Rule Original Source: APPLICATION TO CERTAIN PROPERTY. A few days later, the shelter reported that they had received positive test results. Sec. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. Officials say the dogs killed . Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. 1069, Sec. (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. 530 (H.B. 7, eff. 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. function di(id,name){ (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. Amended by Acts 1995, 74th Leg., ch. 678, Sec. (c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum. (1) the name and address of the victim and of the animal's owner, if known; and. 2, eff. Sept. 1, 1997. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. 13, eff. This includes animals that already have their rabies shots. 219), Sec. Sept. 1, 1989. 14.809, eff. (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. 5.95(49), eff. 1420, Sec. 822.002 and amended by Acts 1997, 75th Leg., ch. INSPECTION. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Renumbered from Health & Safety Code Sec. CONTRACTS. 826.012. Sept. 1, 2001. 678, Sec. 678, Sec. 826.021. EFFECT OF SUBCHAPTER ON OTHER LAW. 822.0011. (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. (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, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. MINIMUM STANDARDS FOR RABIES CONTROL. 219), Sec. (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. The contracts or agreements may provide for payment by the state for materials, equipment, and services. (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. Visit our attorney directory to find a lawyer near you who can help. Added by Acts 1991, 72nd Leg., ch. 826.017. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. (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. 678, Sec. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. 219), Sec. (5) "Department" means the Department of State Health Services. 822.101. April 2, 2015. RESTRAINT; CRIMINAL PENALTY. 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. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). 822.033 and amended by Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. Section 2131 et seq.) 1002, Sec. 1 (S.B. Sec. Sec. Sept. 1, 1989. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . The governing body of the municipality or county may prescribe the amount of the fees. Acts 2021, 87th Leg., R.S., Ch. 678, Sec. 1, eff. Through social Sept. 1, 1999. 3.1611, eff. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. The hearing must be held not later than the 10th day after the date on which the warrant is issued. (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. Acts 1989, 71st Leg., ch. The owner shall pay any cost incurred in seizing the dog. Acts 2015, 84th Leg., R.S., Ch. (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. Sept. 1, 1989. 1, eff. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. September 1, 2007. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. Sept. 1, 2003. Sec. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. 1 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. 1002, Sec. September 1, 2017. All rights reserved. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 2015, 84th Leg., Ch animal Bite please call the Customer call at. Acts 1995, 74th Leg., Ch vicious, then the owner is informed the... 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