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You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number Amended by Acts 1995, 74th Leg., ch. 2, eff. (4) provide the name of the attending veterinarian, if applicable. And this is often the case if the assault is not severe. 1, eff. . Section 42.092 of the Texas Penal Code. Sec. (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, eff. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. 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. 1, eff. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 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. Sec. The area is defined by the borders of the State of Texas. (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. (last accessed Jun. (a) The court, on receiving a report of an incident under Section 822.0422 or on application under Section 822.042(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with Section 822.042. 1436), Sec. 3.1618, eff. Make a big ruckus by shouting, screaming or clapping your hands. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. Sec. 826.001. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. 1 (S.B. Animal Control Handbook. } (c) The commissioners court shall determine the amount and time of reimbursement. (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. Acts 1989, 71st Leg., ch. Section 2131 et seq.) for rabies. September 1, 2017. Aug. 28, 1995. Sec. 14.809, eff. 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. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 3.1619, eff. HEARING. window.status = msgStr; 44, Sec. The log must: (3) describe the type or nature of treatment; and. 1 (S.B. Your dog must receive boosters on a regular schedule to remain protected. 319), Sec. 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. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Restraint; Criminal Penalty. This applies to both domestic and wild animals. 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. 1 (S.B. Added by Acts 1991, 72nd Leg., ch. 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. 31, eff. (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. Acts 2007, 80th Leg., R.S., Ch. (b) In accordance with department rules and eligibility standards, the department is entitled to be reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in providing the vaccine or serum. (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. OFFENSE AND PENALTY. 826.0311. 822.027. May 21, 2015. 1, eff. 2, eff. Created byFindLaw's team of legal writers and editors Stay up-to-date with how the law affects your life. 536 (S.B. Sec. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. ATTACK BY DOG. ATTACK BY DANGEROUS DOG. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. (5) "Owner" means a person who owns or has custody or control of the dog. (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. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. 822.109. 826.055. Acts 2017, 85th Leg., R.S., Ch. 1436), Sec. If the victim is deemed to be more than 50% at fault, there is no liability. 686 (H.B. (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. 686 (H.B. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (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. 219), Sec. 1, eff. DEFINITIONS. did notbite a human, the law mandates quarantine. (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. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). Also, the dog's owner can sometimes choose not to have their dog put down. |. All rights reserved. The contracts or agreements may provide for payment by the state for materials, equipment, and services. window.status = msgStr; (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. This chapter may be cited as the Rabies Control Act of 1981. Sec. Acts 1989, 71st Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 11, eff. 822.043. September 1, 2007. 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. 12, eff. Search, Browse Law (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. DEFINITIONS. 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. CERTIFICATE OF REGISTRATION APPLICATION. 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. Civilly, an owner can be held liable if they knew the dog had bitten someone before and did not use "reasonable care" in restraining the dog, said. Sec. Added by Acts 1999, 76th Leg., ch. 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.". (1) Statewide quarantine. May 5, 1995. Sec. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. 536 (S.B. April 2, 2015. 2026), Sec. Acts 2007, 80th Leg., R.S., Ch. 822.102. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. 1728), Sec. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. 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. 219), Sec. The owner shall pay any cost incurred in seizing the dog. 99, Sec. Sec. 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. 3.1622, eff. September 1, 2017. 678, Sec. Added by Acts 1995, 74th Leg., ch. The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). (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. Health officials or a vet will monitor the animal for signs of rabies. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. ELECTION RESULT. Texas State Law requires that rabies vaccines for animals must be administered by a licensed Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. June 15, 2007. If any of these scenarios apply, a dog attack attorney can help you determine liability. 3.1601, eff. 3.1611, eff. Acts 2015, 84th Leg., R.S., Ch. INSPECTION. 822.035. (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. 822.026. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 219), Sec. May 5, 1995. (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. DISPLAY OF CERTIFICATE OF REGISTRATION. (B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (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. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. then by law it must be euthanized and tested. Sec. 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 (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. 678, Sec. (a) The fee collected for the registration of a dog shall be deposited to the credit of a special fund of the county and used only to: (1) defray the cost of administering this subchapter in the county, including the costs of registration and the identification tags; and. 7-4.2 (a) Fails to microchip cat or dog. Acts 1989, 71st Leg., ch. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. LOCAL RABIES CONTROL PROGRAMS. 870, Sec. (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 . September 1, 2015. 822.116. Sec. September 1, 2007. Acts 1989, 71st Leg., ch. 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. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. (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. April 2, 2015. Sec. 5, eff. 1, eff. V.T.C.A., Health . (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. (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. (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. 822.0424. (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. or uses dogs for law enforcement or corrections purposes. Acts 2015, 84th Leg., R.S., Ch. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. Amended by Acts 1999, 76th Leg., ch. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. Remember, state dog bite laws are a combination of local and state laws and are subject to change. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. " 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. 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 Sept. 1, 1989. 1355), Sec. 822.033 and amended by Acts 2003, 78th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. (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. DEFINITIONS. 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. September 1, 2017. 44, Sec. Amended by Acts 1995, 74th Leg., ch. 826.024. REGISTRATION FEE. (2) the program established by this chapter and the department rules adopted under this chapter. Sept. 1, 1997. (A) Biting dog, cat, or ferret. (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. Acts 2015, 84th Leg., R.S., Ch. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. 3. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. 2, eff. 822.114. April 2, 2015. QUARANTINE; CRIMINAL PENALTY. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. Acts 2021, 87th Leg., R.S., Ch. Sec. 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). REPORTS OF RABIES. Sec. 669, Sec. It can be reached at 409.643.5720 . May 5, 1995. Sec. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. DETERMINATION THAT DOG IS DANGEROUS. Acts 1989, 71st Leg., ch. 1436), Sec. (e) 219), Sec. Sec. 1. Acts 1989, 71st Leg., ch. 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. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. 3.1600, eff. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. Sept. 1, 1989. Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. April 2, 2015. (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. Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. `` Licensed veterinarian '' means a veterinarian Licensed to practice veterinary medicine in one or more of the 50.! 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