Sept. 1, 2003. 678, Sec. 822.045. 1 (S.B. June 14, 2001. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). Amended by Acts 1995, 74th Leg., ch. 2, eff. Sec. 678, Sec. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Sec. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Sec. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. " 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. Sept. 1, 2001. 319), Sec. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (b) A person who violates this section commits an offense. (c) A person commits an offense if the person distributes information that is confidential under this section. 822.0411. Visit our attorney directory to find a lawyer near you who can help. (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. 1002, Sec. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. 822.0423. (1) Statewide quarantine. Sec. 1 (S.B. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. (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. September 1, 2017. 219), Sec. Texas State Law requires that rabies vaccines for animals must be administered by a licensed Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Added by Acts 1999, 76th Leg., ch. 678, Sec. 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. } 678, Sec. (2) any other information that may help in locating the victim or animal. 678, Sec. Also, the dog's owner can sometimes choose not to have their dog put down. 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. September 1, 2017. 3340), Sec. Sept. 1, 1989. September 1, 2007. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. (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. 826.043. Sept. 1, 1997. Added by Acts 2017, 85th Leg., R.S., Ch. This applies to both domestic and wild animals. (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. 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). VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 1, eff. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. 678, Sec. 822.115. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. 3.1609, eff. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. if (document.images) {document.images[id].src=eval(name+".src"); } As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. 826.0311. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 678, Sec. (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. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. Animal Control Handbook. Sept. 1, 1991. APPEAL. (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. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office. Kennel Cough. (1) the name and address of the victim and of the animal's owner, if known; and. 678, Sec. Sept. 1, 1989. (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. 1, eff. Sec. INJUNCTION. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 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. 678, Sec. (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. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. Section 2131 et seq.) IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; Amended by Acts 1999, 76th Leg., ch. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 219), Sec. 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. Sec. Sept. 1, 1989. 1, eff. Added by Acts 1995, 74th Leg., ch. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. increasing citizen access. (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. for non-profit, educational, and government users. 99, Sec. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. Sec. 219), 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. window.status = msgStr; (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. (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. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. DOGS OR COYOTES THAT ATTACK ANIMALS. 1, eff. September 1, 2017. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. 686 (H.B. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . Added by Acts 2001, 77th Leg., ch. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. Sec. CONTRACTS. April 2, 2015. 2, eff. Sept. 1, 1997. September 1, 2007. 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. April 2, 2015. May 17, 1999. 3.1612, eff. This chapter may be cited as the Rabies Control Act of 1981. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. 822.002. 219), Sec. 219), Sec. May 5, 1995. (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. NOTICE. REGISTRATION TAGS AND CERTIFICATE. 44, Sec. Make a big ruckus by shouting, screaming or clapping your hands. Sec. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. 44, Sec. 826.042. if (document.images) { 1 (S.B. Sec. (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. } Acts 2007, 80th Leg., R.S., Ch. (2) the requirements for animal control officer training adopted under Chapter 829. MINIMUM STANDARDS FOR RABIES CONTROL. 2. REGISTRATION. (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. Acts 2015, 84th Leg., R.S., Ch. 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. 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. Sec. April 2, 2015. 11, eff. April 2, 2015. 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. Sept. 1, 2001. 822.116. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Sec. 1, eff. Texas. (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. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Search Texas Statutes. PETITION FOR ELECTION. 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. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. 1002, Sec. 219), Sec. May 5, 1995. 822.027. |. 3. Sec. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. 822.110. (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. DISPLAY OF CERTIFICATE OF REGISTRATION. 1, eff. if (showMsg) { Acts 2015, 84th Leg., R.S., Ch. (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. 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.". 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 . 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. (b) An offense under this section is a Class C misdemeanor. In the 15-year period of 2005 through 2019, canines killed 521 Americans. Join thousands of people who receive monthly site updates. Sept. 1, 1999. (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. 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. 822.011 and amended by Acts 2003, 78th Leg., ch. 14.809, eff. Sept. 1, 1989. Sec. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. 1, eff. 826.023. 1562), Sec. 3.1639(121), eff. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. Aug. 28, 1995. (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. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): 96, Sec. 870, Sec. (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. 1, eff. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. 530 (H.B. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. 826.055. May 5, 1995. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. If your dog bites someone, whether on your property or not, you are liable.". 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 (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. } Added by Acts 1991, 72nd Leg., ch. April 2, 2015. (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. 1420, Sec. (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. 1, eff. 822.043. 678, Sec. LOCAL REGULATION OF DANGEROUS DOGS. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine.

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