826.014. Sept. 1, 1989. 536 (S.B. April 2, 2015. Sec. Sept. 1, 1989. 678, Sec. Sec. DEFINITIONS. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (E) in conformance with the requirements for enclosures established by the local animal control authority. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. 99, Sec. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 3. (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. 1, Sec. Sec. The owner of the dogs now faces felony charges, police said. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. Notice of such order shall be given by publication . 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). 1. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. (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. Sept. 1, 1989. April 2, 2015. (b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law. (5) "Department" means the Department of State Health Services. 12, eff. Added by Acts 2015, 84th Leg., R.S., Ch. Sec. Acts 1989, 71st Leg., ch. 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. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 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. Sec. 1, eff. Sept. 1, 2001. 822.0011. (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. (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. 219), Sec. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sec. 530 (H.B. (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. 2. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 822.003. (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. Section 2131 et seq.) This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. (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. The San Antonio attack was the first of two pit . If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. (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. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. (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. September 1, 2017. May 5, 1995. Added by Acts 2003, 78th Leg., ch. Amended by Acts 1995, 74th Leg., ch. The governing body of the municipality or county may prescribe the amount of the fees. (c) A person commits an offense if the person distributes information that is confidential under this section. 1, eff. Sec. (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. 219), Sec. May 5, 1995. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. 1420, Sec. Sec. Sept. 1, 1989. CIVIL PENALTY. 669 (H.B. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; (c) The commissioners court shall determine the amount and time of reimbursement. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? 822.044. 44, Sec. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (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. DESTRUCTION OF 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. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. 5, eff. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. 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. 96, Sec. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. (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. (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 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. DEFINITIONS. RULE 169.34. BALLOT PROPOSITION. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. 219), Sec. DETERMINATION THAT DOG IS DANGEROUS. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. Acts 2015, 84th Leg., R.S., Ch. Sec. 44, Sec. Statewide Quarantine. 1, 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. 319), Sec. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. NOTICE. did notbite a human, the law mandates quarantine. LIABILITY INSURANCE. 530 (H.B. 826.025. Search Texas Statutes. (b) A person who violates this section commits an offense. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Visit our attorney directory to find a lawyer near you who can help. Officials say the dogs killed . 678, Sec. (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. Added by Acts 1995, 74th Leg., ch. 1, eff. Sec. 822.114. 4, eff. Amended by Acts 1995, 74th Leg., ch. (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. EFFECT OF SUBCHAPTER ON OTHER LAW. 822.047. PROVISION OF VACCINE AND SERUM. (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. 219), Sec. (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. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number September 1, 2007. Contact us. 826.031. 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 . 916, Sec. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. 1, eff. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. //-->. 99, Sec. Acts 2015, 84th Leg., R.S., Ch. (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. REGISTRATION FEE. 1, eff. Sept. 1, 2001. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. September 1, 2017. May 21, 2015. Sec. 822.035. Sec. Acts 2015, 84th Leg., R.S., Ch. We will always provide free access to the current law. 1 (S.B. LIMITATION ON LIABILITY. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. Acts 2005, 79th Leg., Ch. 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 April 2, 2015. 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 . 219), Sec. Oftentimes, the victim looks to sue for a dog bite. 1 (S.B. Added by Acts 1997, 75th Leg., ch. In this chapter: (1) "Animal" means a warm-blooded animal. 2026), Sec. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. APPEAL. QUARANTINE; CRIMINAL PENALTY. Sec. 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 . SUBCHAPTER B. Rabies and Animal Control Order #171. Sec. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. 44, Sec. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. Sec. 899 (H.B. } No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. CERTIFICATE OF REGISTRATION; FEES. A civil penalty collected under this subsection may be retained by the county or municipality. RELOCATION OR DISPOSITION OF ANIMAL. A few days later, the shelter reported that they had received positive test results. 826.043. April 2, 2015. Sec. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 686 (H.B. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 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 826.013.