(d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Sept. 1, 1991. September 1, 2015. Sept. 1, 1989. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. May 5, 1995. if (document.images) {document.images[id].src=eval(name+".src"); } Sec. 822.0011. 7-4.2 (a) Fails to microchip cat or dog. 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. VACCINATION OF DOGS AND CATS REQUIRED. (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. 1, eff. May 17, 1999. 3. 8, eff. (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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. In 2015, the dogs' owner was sentenced to five years in prison. Sec. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. (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. Sec. 826.013. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 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. 678, Sec. (e) Acts 2015, 84th Leg., R.S., Ch. (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. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction. No quarantine applies. Sec. (A) Biting dog, cat, or ferret. Join thousands of people who receive monthly site updates. 822.027. 1, eff. Amended by Acts 2001, 77th Leg., ch. 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. 1728), Sec. Acts 2015, 84th Leg., R.S., Ch. (b) Notwithstanding the definition in Section 822.001(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. 678, Sec. 3.1598, eff. (a) If rabies is known to exist in an area, the department or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic. May 5, 1995. Sec. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. Sec. Sec. The owner of the dogs now faces felony charges, police said. (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. DEFINITIONS. 822.0424. (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. and its subsequent amendments. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; SHORT TITLE. (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. May 17, 1999. 1, eff. HEARING. 3340), Sec. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. (1) Statewide quarantine. May 5, 1995. HEARING. // 826.043. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. Sept. 1, 1989. Sec. 8, eff. 822.0411. 11, eff. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 822.025. 3.1639(119), eff. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). April 2, 2015. 822.101. Acts 2015, 84th Leg., R.S., Ch. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. (b) An offense under this section is a Class C misdemeanor. 822.107. (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. (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. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. Sec. ELECTION RESULT. (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. 3, eff. 219), Sec. 530 (H.B. Sec. (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. (b) An offense under this section is a Class C misdemeanor. (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. function dm(msgStr) { 678, Sec. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. 1 (S.B. 219), Sec. DEFINITIONS. USE AND SALE OF RABIES VACCINE. April 2, 2015. 826.012. 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. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 2283), Sec. 1, eff. 916, Sec. } 1740), Sec. 219), Sec. May 21, 2015. 1 (S.B. The law . (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. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. 822.004. 1, eff. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. Added by Acts 2007, 80th Leg., R.S., Ch. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Sec. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. 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. (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. Acts 2007, 80th Leg., R.S., Ch. (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 dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. 822.003 by Acts 1997, 75th Leg., ch. 822.006. 44, Sec. 678, Sec. 822.012. The recommended schedule for Bordetella vaccinations depends on whether it is the first dose or a booster, your dogs level of risk and his health. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. April 2, 2015. 219), Sec. Fax: 903-526-0202. MINIMUM STANDARDS FOR RABIES CONTROL. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (c) The commissioners court shall determine the amount and time of reimbursement. (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. (2) has fastened about its neck a dog identification tag issued by the county. (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. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. EFFECT OF SUBCHAPTER ON OTHER LAW. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Sept. 1, 1997. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. 822.030. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. 822.011 and amended by Acts 2003, 78th Leg., ch. 44, Sec. Sec. 4, eff. 44, Sec. 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. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. September 1, 2017. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. Sec. If the victim is deemed to be more than 50% at fault, there is no liability. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. Sept. 1, 1989. 678, Sec. May 5, 1995. (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. . (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 1 (S.B. September 1, 2017. 1, eff. 1562), Sec. (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. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 1 (S.B. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control (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. Renumbered from Health & Safety Code Sec. Animal Care Services is making an aggressive effort to address the problem of animal bites by talking to citizens and identifying where these animals live and to whom they belong. 3.1608, eff. 6, eff. 826.001. Amended by Acts 1995, 74th Leg., ch. (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. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Sec. Added by Acts 1997, 75th Leg., ch. Sept. 1, 2003. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. September 1, 2005. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. The decision of the county court or county court at law may not be appealed. 2, eff. 992 (H.B. 1069, Sec. 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