A civil penalty collected under this subsection may be retained by the county or municipality. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. (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. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. 1436), Sec. Sept. 1, 1997. 822.115. 44, Sec. 669 (H.B. 3.1599, eff. 822.046. Join thousands of people who receive monthly site updates. April 2, 2015. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. 1, eff. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. Acts 1989, 71st Leg., ch. 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. Stay up-to-date with how the law affects your life. (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. Amended by Acts 1997, 75th Leg., ch. Acts 1989, 71st Leg., ch. 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. 678, 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. (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. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . April 2, 2015. 1 (S.B. 1, eff. 1, eff. 3.1624, eff. No quarantine applies. |. 219), Sec. 99, Sec. Sept. 1, 1991. 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. VACCINATION; CRIMINAL PENALTY. 1, eff. } 1 (S.B. 1, Sec. Sec. ATTACK BY DOG. (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. 1 (S.B. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. if (document.images) { The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. 979, 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. Sec. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Acts 2015, 84th Leg., R.S., Ch. 822.021. Sept. 1, 1989. 826.048. April 2, 2015. Sec. 1 (S.B. 822.042. 219), Sec. 1, eff. (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. 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. (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. (Texas Civ 33.001). (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. Acts 2015, 84th Leg., R.S., Ch. HEARING. (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. Section 2131 et seq.) 1 (S.B. In most cases, the quarantine/observation may be in your home. 2, eff. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. 489, Sec. Email: shelter@smith-county.com. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. Penal Code 398 (2022).) ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (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. 1355), Sec. 3, eff. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. (c) The commissioners court shall determine the amount and time of reimbursement. 3. INTERVAL BETWEEN ELECTIONS. September 1, 2007. 1, eff. Acts 1989, 71st Leg., ch. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. 1436), Sec. DEFINITIONS. Sept. 1, 1989. (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. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). (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. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. 3.1619, eff. 826.001. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. Sept. 1, 1989. VIOLATIONS. 826.0211. DETERMINATION THAT DOG IS DANGEROUS. (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. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. 686 (H.B. Sec. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. . (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. RULE 169.34. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (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. May 21, 2015. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. Sept. 1, 1989. 826.034. 76, Sec. June 15, 2007. 822.004. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . (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. April 2, 2015. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Sept. 1, 1991. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. document.returnValue = false; The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. Criminal negligence or previously determined dangerous dog (Texas H&S 822.05): Attack by a dog determined to be dangerous (Texas H&S 822.044): Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. window.status = msgStr; 3, eff. The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 1. Acts 1989, 71st Leg., ch. 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. (2) has fastened about its neck a dog identification tag issued by the county. September 1, 2017. 44, Sec. 99, Sec. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Sec. Name (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. Acts 2007, 80th Leg., R.S., Ch. HEARING. (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. Sec. April 2, 2015. 1002, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. If the victim is deemed to be more than 50% at fault, there is no liability. Sec. 822.116. 1, eff. 99, Sec. 826.041. 822.030. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 we provide special support 1069, Sec. 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. Sec. 1, eff. NOTICE. September 1, 2017. 826.0311. | More The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. April 2, 2015. The governing body of the municipality or county may prescribe the amount of the fees. 530 (H.B. Sec. 822.031. 826.002. (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. QUARANTINE OF ANIMALS. Sec. The area is defined by the borders of the State of Texas. Person is a dog trainer or an employee of a guard dog company. The law . 1 (S.B. (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. 826.047. PROVISION OF VACCINE AND SERUM. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. Acts 1989, 71st Leg., ch. 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. Aug. 28, 1995. 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