texas dog bite law quarantine
Sept. 1, 1991. RESTRAINT; CRIMINAL PENALTY. and its subsequent amendments or the regulations adopted under that Act. 822.109. (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. LIMITATION ON LIABILITY. 219), Sec. May 5, 1995. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. Sec. 976 (S.B. (b) The suit shall be brought in a district court in the county in which the facility is located. Sec. (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. 14.809, eff. 44, Sec. 3.1612, eff. 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. (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. Sept. 1, 1997. 99, Sec. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. (1) Statewide quarantine. 822.006. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. Sec. function dm(msgStr) { (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 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. 822.110. 669, Sec. Phone: 903-590-2840. (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. (1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret shall be quarantined under an order issued by the . 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. (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. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. (3) "Dog" means a domesticated animal that is a member of the canine family. The animal's owner must pay the fee before the animal may be released. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 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 tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. 826.013. (b) A person who violates this section commits an offense. Added by Acts 2015, 84th Leg., R.S., Ch. 822.021. Amended by Acts 1995, 74th Leg., ch. Renumbered from Health & Safety Code Sec. for rabies. 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. (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. 1, eff. 219), Sec. Spray the dogs with a garden hose.. (T) any hybrid of an animal listed in this subdivision. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 1355), Sec. OFFENSE AND PENALTY. 1, eff. (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. By Cuteness Team. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. 870, Sec. LOCAL REGULATION OF DOGS. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. Sec. (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. May 21, 2015. 826.0311. (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. 1426), Sec. In 2015, the dogs' owner was sentenced to five years in prison. (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. (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. Sec. 822.107. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. (b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. (c) An offense under this section is a Class C misdemeanor. 826.011. entrepreneurship, were lowering the cost of legal services and Added by Acts 2001, 77th Leg., ch. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. 1 (S.B. Sept. 1, 1989. 8, eff. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. We will always provide free access to the current law. 1, eff. 12, eff. Sec. September 1, 2017. 686 (H.B. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 3.1609, eff. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. 826.043. 822.023. 99, Sec. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Amended by Acts 1995, 74th Leg., ch. If the domestic animal is showing clinical signs consistent with rabies . September 1, 2007. (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. Name 219), Sec. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 530 (H.B. Sept. 1, 1989. (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. window.status = msgStr; POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. Sec. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 1436), Sec. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. 1 (S.B. Sec. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. (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. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. 536 (S.B. Acts 1989, 71st Leg., ch. In addition, Acts 1989, 71st Leg., ch. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 669 (H.B. 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.". Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Copyright 2023, Thomson Reuters. With this ruling Texas became a "one bite rule" state. 826.041. (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. April 2, 2015. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. 319), Sec. 2, eff. 219), Sec. (b) An offense under this section is a Class C misdemeanor. Sec. San . 686 (H.B. (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. Renumbered from Health & Safety Code Sec. The email address cannot be subscribed. (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. //-->. Acts 2015, 84th Leg., R.S., Ch. All rights reserved. 219), Sec. Sept. 1, 1991. In this chapter: (1) "Animal" means a warm-blooded animal. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. 822.003 by Acts 1997, 75th Leg., ch. DEFINITIONS. (b) A dog or cat may not be subject to dual registration. Acts 1989, 71st Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. 822.035. Rule 3701-3-29. Acts 1989, 71st Leg., ch. 1 (S.B. 822.044. Sec. 826.015. 219), Sec. 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. (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. Acts 1989, 71st Leg., ch. 822.033 and amended by Acts 2003, 78th Leg., ch. 822.105. VACCINATION; CRIMINAL PENALTY. April 2, 2015. 3.1622, eff. 1, eff. 1002, Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 822.046. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. HEARING. 822.024. Location: (2) has fastened about its neck a dog identification tag issued by the county. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. 678, Sec. September 1, 2007. (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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. 6-231). 826.033. 1436), Sec. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. 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). } (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. 678, Sec. Acts 1989, 71st Leg., ch. Amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. Your dog must receive boosters on a regular schedule to remain protected. Sept. 1, 1997. Under certain conditions . 1 (S.B. 1, eff. 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. May 5, 1995. (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. To report an animal bite of any kind, please call 311. Amended by Acts 2001, 77th Leg., ch. 822.031. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. REGISTRATION TAGS AND CERTIFICATE. 1436), Sec. You can be held civilly or criminally liable. (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. 1, eff. 826.053. 1. 96, Sec. (a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. Section 2131 et seq.) Amended by Acts 1995, 74th Leg., ch. 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. The owner of the dogs now faces felony charges, police said. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. 822.007. Kennel Cough. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Sec. September 1, 2007. And this is often the case if the assault is not severe. 1562), Sec. (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. (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. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 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. 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 . 826.052. Acts 2007, 80th Leg., R.S., Ch. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. SHORT TITLE. 3.1599, eff. (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. 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. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. HEARING. and . April 2, 2015. June 18, 2005. 1002, Sec. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. Acts 1989, 71st Leg., ch. (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. LIABILITY INSURANCE. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. 1728), Sec. Sept. 1, 1989. (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. 1436), Sec. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes).
