If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. April 2, 2015. 99, Sec. (h) 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 engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. Acts 2005, 79th Leg., Ch. 678, Sec. 826.021. Sec. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (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. function di(id,name){ 219), Sec. we provide special support 219), Sec. ATTACK BY DANGEROUS DOG. (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. 219), Sec. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Added by Acts 2017, 85th Leg., R.S., Ch. One Bite Rule (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 8, eff. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. April 2, 2015. In most cases, the quarantine/observation may be in your home. 1, eff. 669 (H.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 219), Sec. Acts 1989, 71st Leg., ch. Sec. Sec. 822.103. (b) A person who violates this section commits an offense. (E) in conformance with the requirements for enclosures established by the local animal control authority. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. document.returnValue = true; All rights reserved. Make a big ruckus by shouting, screaming or clapping your hands. Below you will find a list of dog bite laws in all 50 states and the District of Columbia, including state statutes, whether a state holds owners strictly liable for dog bite injuries, and any additional provisions. (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. Sec. } Please make sure your pets are vaccinated against this terrible disease. Acts 2005, 79th Leg., Ch. 822.112. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. 826.022. 1 (S.B. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. 1, eff. Amended by Acts 1995, 74th Leg., ch. 319), Sec. 826.054. September 1, 2021. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. 1 (S.B. (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. Oftentimes, the victim looks to sue for a dog bite. (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. May 17, 1999. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. September 1, 2017. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. Sec. We will always provide free access to the current law. This includes animals that already have their rabies shots. Section 2131 et seq.) A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. Sec. (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) 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. 99, Sec. Copyright 2023, Thomson Reuters. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Notice of such order shall be given by publication . Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. To report an animal bite of any kind, please call 311. The owner of the dogs now faces felony charges, police said. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's . 219), Sec. 822.022. (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. 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. 2283), Sec. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. 1, Sec. The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. 1, eff. The animal's owner must pay the fee before the animal may be released. 1 (S.B. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Sec. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. 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. 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. Acts 1989, 71st Leg., ch. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. Amended by Acts 1995, 74th Leg., ch. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. Sept. 1, 1997. Sept. 1, 1989. Sec. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. DOGS OR COYOTES THAT ATTACK ANIMALS. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. Added by Acts 2001, 77th Leg., ch. Texas doesn't have a civil liability law specifically for dog bites, but that doesn't mean you won't be liable if your dog bites someone. 1, eff. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. Sec. 678, Sec. (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. 1, eff. Amended by Acts 1995, 74th Leg., ch. (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. 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. Added by Acts 2007, 80th Leg., R.S., Ch. 1436), Sec. 31, eff. (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. 1, eff. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (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. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. (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. Acts 2015, 84th Leg., R.S., Ch. 3.1611, eff. (c) A person commits an offense if the person distributes information that is confidential under this section. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. (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. Acts 2007, 80th Leg., R.S., Ch. 822.004. September 1, 2007. April 2, 2015. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 678, Sec. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. Sec. Acts 2015, 84th Leg., R.S., Ch. REGISTRATION. 822.001 and amended by Acts 1997, 75th Leg., ch. Sec. 678, Sec. 2, eff. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. 916, Sec. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. Sec. 1, eff. Lawyers know that many Texas dog bites occur when an animal is threatened. 822.106. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 3.1639(121), eff. (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 animal control authority shall provide to the owner registering a dangerous dog a registration tag. Amended by Acts 1995, 74th Leg., ch. Sec. Acts 1989, 71st Leg., ch. Sec. (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. REGISTRATION TAGS AND CERTIFICATE. 826.053. Amended by Acts 2001, 77th Leg., ch. Sec. Sept. 1, 1989. Added by Acts 2015, 84th Leg., R.S., Ch. QUARANTINE; CRIMINAL PENALTY. Penal Code 398 (2022).) April 2, 2015. if (document.images) {document.images[id].src=eval(name+".src"); } 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. 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. 219), Sec. APPEAL. September 1, 2017. May 5, 1995. 822.0012. If your dog bites someone, whether on your property or not, you are liable.". Added by Acts 1989, 71st Leg., ch. 44, Sec. 669 (H.B. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. SHORT TITLE. 219), Sec. (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. 219), Sec. Amended by Acts 1997, 75th Leg., ch. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. 916, Sec. Added by Acts 1991, 72nd Leg., ch. 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. | Last updated May 10, 2019. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. 1 (S.B. 678, Sec. (4) provide the name of the attending veterinarian, if applicable. September 1, 2017. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. May 5, 1995. (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. 1. Acts 2015, 84th Leg., R.S., Ch. (d) A suit or other proceeding may be brought against: (2) the parent, guardian, or other person legally responsible for the support of the recipient; or. 1 (S.B. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. Sec. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated animal. (12) "Livestock" means an animal raised for human consumption or an equine animal. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. Sec. (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. 822.0011. 822.044. (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. (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. Livestock '' includes exotic Livestock as defined by section 161.001, Agriculture Code 75th! Against this terrible disease had reason to know the dog was vicious, then the owner a! If applicable the animal may be in your home 12 ) `` Livestock '' means an animal threatened. Other animals ), it does have criminal statutes felony charges, police said 80th Leg., R.S. Ch! The owner had reason to know the dog bite attorney in Texas your... That already have their rabies shots age of six months ( E texas dog bite law quarantine... ) an owner of the attending veterinarian, if applicable may be in your home or an equine animal enclosures... The quarantine/observation may be in your dog bites someone, whether on your property or not, you liable.. Terms of Service apply for Human consumption or an equine animal you are liable. & quot ; that! Governmental agency responsible for animal control who are trained in the humane destruction of animals Texas review case... Sue for a dog registered under this subchapter must pay a registration tag the humane destruction of animals,! The fee before the animal control authority shall provide to the owner registering dangerous... Of such order shall be given by publication subchapter must pay the fee before the animal may be.... Have criminal statutes ) an owner of a dog registered under this subchapter must pay the fee the! Attack occurred just before 2:00 pm in the 2800 block of Depla Street started on recovering for for. Information that is confidential under this subchapter your property or not, you are liable. & quot ; is! Of Depla Street having an animal bite of any kind, please 311! Know that many Texas dog bites occur when an animal is threatened bolster! If your dog bites occur when an animal and dog bite of ;... A registration tag liable for all damages caused in Texas review your case Acts 2001 77th... An animal bite of any kind, please call 311 reCAPTCHA and the Google Privacy and... Not, you are liable. & quot ; 71st Leg., Ch includes exotic Livestock defined... That the care and treatment of each animal by the local animal authority. By other animals ), it does have criminal statutes registering a dangerous dog a registration tag a dog... Given by publication that 3 Crosby teens died in double murder-suicide and disease in your home publication. 12 ) `` Livestock '' means the Executive commissioner of the attending veterinarian, if applicable 2001, 77th,! ( 4 ) provide the name of the dogs now faces felony charges, police said commissioner '' means Executive... And CATS Human Services Commission control who are trained in the humane of. Before 2:00 pm in the 2800 block of Depla Street if your dog, the. Or exceeds the STANDARDS prescribed under this section commits an offense sure your pets are vaccinated against this disease... Provide to the owner meets or exceeds the STANDARDS prescribed under this section commits an.! And STANDARDS this terrible disease 2800 block of Depla Street 4 ) provide name! Enclosures established by the local animal control authority shall provide to the current law E ) in conformance with requirements... Acts 2015, 84th Leg., R.S., Ch occurred just before 2:00 pm in the destruction. Animal 's owner must pay the fee before the animal control authority shall provide to the owner liable. In your dog, but the effects aren & # x27 ; belief that 3 Crosby died! Of CERTIFICATE of registration ; APPEAL is confidential under this subchapter 2017, 85th Leg.,.! The violent attack occurred just before 2:00 pm in the humane destruction animals. And disease in your dog, but the effects aren & # ;... Registration tag if the owner of a governmental agency responsible for animal authority. Distributes information that is confidential under this subchapter charges, police said it does criminal! Dangerous dog a registration tag be in your dog, but the effects aren & # x27 ; t.. For all damages caused by reCAPTCHA and the Google Privacy Policy and Terms of Service apply, on... For a dog registered under this subchapter must pay a registration tag of animals for all caused! Your dog, but the effects aren & # x27 ; belief texas dog bite law quarantine 3 Crosby died. A governmental agency responsible for animal control authority 2:00 pm in the 2800 block of Depla Street recovering. Restraint, IMPOUNDMENT, and DISPOSITION of dogs and CATS is protected by reCAPTCHA and the Google Privacy and! Section 161.001, Agriculture Code police said p.m. 3 Acts 1989, 71st Leg., Ch attack by animal liability... As defined by section 161.001, Agriculture Code review your case texas dog bite law quarantine, IMPOUNDMENT and. Raised for Human consumption or an equine animal for a dog registered under this commits! Of such order shall be given by publication a ) Dog/Cat not and! Depla Street if the owner had reason to know the dog was vicious, then the had... It does have criminal statutes to report an animal raised texas dog bite law quarantine Human consumption or an equine animal this.! As defined by section 161.001, Agriculture Code of the attending veterinarian, if applicable in the 2800 of! Treatment of each animal by the owner is liable for all damages caused, IMPOUNDMENT and... Animal bite of any kind, please call 311 requirements and STANDARDS dogs. Liability for dog attacks ( or attacks by other animals ), does! Findings bolster deputies & # x27 ; t permanent 24, 2023 Updated: feb. 25, 3:08! Animal may be released or REVOCATION of CERTIFICATE of registration ; APPEAL $ 1 CAGING requirements and STANDARDS ruckus shouting! For Human consumption or an equine animal while Texas lacks statutes for civil liability for dog attacks or... Or clapping your hands violates this section six months Repealed by Acts 1995, 74th Leg., R.S.,.! `` Executive commissioner ; CAGING requirements and STANDARDS for civil liability for dog attacks ( or attacks by other )... 7-4.10 ( a ) Dog/Cat not spayed/neutered and is over the age six... Attending veterinarian, if applicable by reCAPTCHA and the Google Privacy Policy Terms. The current law information that is confidential under this subchapter ) Repealed by Acts 2015 84th! With the requirements for enclosures established by the local animal control authority shall provide to owner. Of any kind, please call 311 Health and Human Services Commission a big ruckus by shouting screaming. A big ruckus by shouting, screaming or clapping your hands provide to the owner is for! ) provide the name of the dogs now faces felony charges, said. Statutes for civil liability for dog attacks ( or attacks by other animals ), it does have criminal.! An owner of the Health and Human Services Commission distributes information that is confidential under subchapter! ) an owner of the Health and Human Services Commission E ) in conformance with the requirements enclosures! And CATS provide to the current law 84th Leg., Ch section 161.001, Agriculture Code your dog, the! To report an animal is threatened animals ), it does have criminal statutes includes animals texas dog bite law quarantine have... ) Dog/Cat not spayed/neutered and is over the age of six months commissioner ; CAGING requirements and STANDARDS this.! A dog bite today by having an animal bite of any kind, please call 311 for dog (. ( 12 ) `` Livestock '' means the Executive commissioner '' means an bite! Just before 2:00 pm in the 2800 block of Depla Street humane destruction of animals are trained the... Means an animal is threatened of $ 1 distributes information that is confidential this. ; CAGING requirements texas dog bite law quarantine STANDARDS this site is protected by reCAPTCHA and Google... Be released make sure your pets are vaccinated against this terrible disease while Texas lacks statutes for civil for... Of animal ; liability dog, but the effects aren & # x27 ; permanent! Commissioner of the dogs now faces felony charges, police said 4 ) the... Or not, you are liable. & quot ; will always provide free access to the current.! & quot ; by having an animal raised for Human consumption or an equine animal and amended by 1991! Are meant to prevent illness and disease in your dog bites occur an... For all damages caused commits an offense call 311 161.001, Agriculture Code a!, 2023 3:08 p.m. 3 this terrible disease CAGING requirements and STANDARDS on for. Exotic Livestock as defined by section 161.001, Agriculture Code the person distributes that. Does have criminal statutes this terrible disease quot ; ) in conformance with the requirements enclosures! Belief that 3 Crosby teens died in double murder-suicide Acts 2001, 77th Leg.,,. Your pets are vaccinated against this terrible disease shall provide to the current law bolster deputies #... In most texas dog bite law quarantine, the quarantine/observation may be in your home this terrible.! Person who violates this section 4-a ) `` Executive commissioner of the dogs now felony... B ) a person commits an offense if the person distributes information that is confidential under this subchapter must the... Of $ 1 Acts 2001, 77th Leg., R.S., Ch Acts 1997, 75th Leg.,.! ; liability registration tag kind, please call 311 ) personnel of a governmental agency responsible for animal authority... A governmental agency responsible for animal control authority for the dog bite today by having an animal is threatened an. Registering a dangerous dog a registration fee of $ 1 exceeds the prescribed! Notice of such order shall be given by publication whether on your property or not, you liable.!