texas dog bite law quarantine

Sec. (f) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized search and rescue effort at the request of law enforcement. Sec. An offense under this subsection is punishable by a fine of not more than $100. 1 (S.B. | More we provide special support REGISTRATION TAGS AND CERTIFICATE. QUARANTINE; CRIMINAL PENALTY. (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. 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. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 678, Sec. INSPECTION. 1728), Sec. Sec. Amended by Acts 2001, 77th Leg., ch. for non-profit, educational, and government users. (c) In accordance with department rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility. (1) the name and address of the victim and of the animal's owner, if known; and. (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. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. (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. 686 (H.B. 826.013. 1, eff. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. if (showMsg) { (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. DEFINITIONS. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. VACCINATION OF DOGS AND CATS REQUIRED. V.T.C.A., Health . (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 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 2007, 80th Leg., R.S., Ch. Make a big ruckus by shouting, screaming or clapping your hands. 2, eff. Sept. 1, 1999. The area is defined by the borders of the State of Texas. (2) the program established by this chapter and the department rules adopted under this chapter. Renumbered from Health & Safety Code Sec. (b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. (c) An offense under this section is a Class C misdemeanor. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. Amended by Acts 1995, 74th Leg., ch. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. The owner must place the tag on the dog's collar. DISPLAY OF CERTIFICATE OF REGISTRATION. April 2, 2015. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. (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. AREA RABIES QUARANTINE. Restraint; Criminal Penalty. Acts 1989, 71st Leg., ch. 1, eff. 44, Sec. It is kept quarantined until the clinical signs of rabies have resolved. Sec. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 822.005. September 1, 2017. (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. (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. The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the executive commissioner. 1 (S.B. April 2, 2015. Health officials or a vet will monitor the animal for signs of rabies. Sec. 678, Sec. (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. 1436), Sec. 14.809, eff. 1355), Sec. (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. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Sept. 1, 1989. Sec. CERTIFICATE OF REGISTRATION APPLICATION. 822.003 by Acts 1997, 75th Leg., ch. CERTIFICATE OF REGISTRATION; FEES. 219), Sec. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. 3.1639(119), eff. Acts 1989, 71st Leg., ch. (Texas Civ 33.001). 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 Sept. 1, 1989. 1 (S.B. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. Sec. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Also, the dog's owner can sometimes choose not to have their dog put down. 826.051. 219), Sec. The contracts or agreements may provide for payment by the state for materials, equipment, and services. 826.001. (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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; 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. 822.114. 678, Sec. 3.1608, eff. Added by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. (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. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. and its subsequent amendments. (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. 1420, Sec. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. (b) Municipal ordinances or rules adopted under this section supersede ordinances or rules adopted by the county in which the municipality is located, this chapter, and the department rules adopted under this chapter within that municipality so that multiple enforcement will not occur. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 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). (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. Sept. 1, 1997. Sec. (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. Sept. 1, 1991. 2. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. (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. (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. 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) 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. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. Sec. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. 219), Sec. 1 (S.B. (2) are more stringent than restrictions provided by this subchapter. May 5, 1995. Report an Animal Bite. DEFENSES. The hearing must be held not later than the 10th day after the date on which the warrant is issued. 826.047. BALLOT PROPOSITION. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. 99, Sec. and . Amended by Acts 1995, 74th Leg., ch. Section 2131 et seq.) Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. 3, eff. Visit our attorney directory to find a lawyer near you who can help. Search Texas Statutes. SUBCHAPTER B. 6-231). (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. 1, eff. One Bite Rule 219), Sec. Sec. 826.046. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. 219), Sec. Meeting with a lawyer can help you understand your options and how to best protect your rights. 219), Sec. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". May 5, 1995. 822.116. 826.024. Acts 2015, 84th Leg., R.S., Ch. HEARING. 822.042. Sec. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. (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. //-->. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. (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. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. 1, eff. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. April 2, 2015. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. 1. 1 (S.B. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. 678, Sec. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 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. Impoundment, and Services, 74th Leg., ch section is a separate offense other animals ), it have! Also, the dog in secure and humane conditions of Texas dog bite Law There are a to. On which the violation occurs may sue to collect a civil penalty ( 2 ) more... 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