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. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 669 (H.B. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. 1355), Sec. Added by Acts 1997, 75th Leg., ch. Added by Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. Sec. 822.001. Sec. (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. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. Added by Acts 2003, 78th Leg., ch. 822.027. 1 (S.B. did notbite a human, the law mandates quarantine. Acts 1989, 71st Leg., ch. An offense under this subsection is punishable by a fine of not more than $100. 2, eff. 1, eff. Section 826.042 Quarantine of Animals, Acts 1989, 71st Leg., ch. ATTACK BY DOG. April 2, 2015. } https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (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. (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. (4) provide the name of the attending veterinarian, if applicable. DISPLAY OF CERTIFICATE OF REGISTRATION. Added by Acts 2015, 84th Leg., R.S., Ch. (b) The animal control 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. // LiaJavaInput (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. It is kept quarantined until the clinical signs of rabies have resolved. 822.044. Sept. 1, 2001. (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. Sept. 1, 2003. CRIMINAL PENALTY. 1, eff. 678, Sec. 2, 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. (a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. 530 (H.B. (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. Health officials or a vet will monitor the animal for signs of rabies. Sec. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. 3.1639(119), eff. A civil penalty collected under this subsection may be retained by the county or municipality. 822.033 and amended by Acts 2003, 78th Leg., ch. if (document.images) { Sept. 1, 1989. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Added by Acts 1991, 72nd Leg., ch. 1 (S.B. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. 822.109. 219), Sec. 678, Sec. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. Rule 3701-3-29. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. 826.031. (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. 1 (S.B. (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. Kennel Cough. DISPOSITION OF FEE. 678, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. 822.0422. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. USE AND SALE OF RABIES VACCINE. (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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 678, Sec. Renumbered from Health & Safety Code Sec. (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. Sec. This applies to both domestic and wild animals. Sec. (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. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. September 1, 2007. Penal Code 398 (2022).) 678, Sec. (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. Sept. 1, 1989. The average cost per claim nationally has risen 39 percent from . Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. (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. 1331 (S.B. 826.025. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. The fees collected under this section may be used only to administer and enforce this subchapter. Sept. 1, 1991. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. If the victim is deemed to be more than 50% at fault, there is no liability. 826.017. 4, eff. Sept. 1, 1989. DEFINITIONS. (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. Acts 1989, 71st Leg., ch. 7, 2021). Amended by Acts 1997, 75th Leg., ch. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. Sec. Sec. 826.021, TAC-169.29, CD6-Sec. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. 8, eff. Sept. 1, 1997. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sec. INTERVAL BETWEEN ELECTIONS. 822.113. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. 44, Sec. San . 1 (S.B. 3.1612, eff. The decision of the county court or county court at law may not be appealed. if (document.images) {document.images[id].src=eval(name+".src"); } Sept. 1, 1989. Original Source: Added by Acts 2015, 84th Leg., R.S., Ch. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. REPORTS OF RABIES. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. 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. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. Section 42.092 of the Texas Penal Code. AREA RABIES QUARANTINE. The law . Sec. 826.023. Amended by Acts 1995, 74th Leg., ch. Sec. Sec. Under certain conditions . The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. Sec. 219), Sec. (5) "Department" means the Department of State Health Services. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. 2, eff. The contracts or agreements may provide for payment by the state for materials, equipment, and services. 1. Sept. 1, 1989. April 2, 2015. (2) has fastened about its neck a dog identification tag issued by the county. Confinement should be performed in coordination with public health authorities. 219), Sec. 822.007. 822.042. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. Pit bulls contributed to 66% (346) of these deaths. 3.1611, eff. 826.012. 822.114. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. Sept. 1, 1989. 1. Added by Acts 1991, 72nd Leg., ch. 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. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 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