822.035. then by law it must be euthanized and tested. 2, eff. April 2, 2015. 678, Sec. Sec. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (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. 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. Sept. 1, 2003. Sept. 1, 1989. To report an animal bite of any kind, please call 311. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. 219), Sec. 1, eff. The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the executive commissioner. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. 44, Sec. (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. Contact us. 4, eff. Sept. 1, 1989. 1420, 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. Firms, Animal Attack and Dog Bite Claim Resources. (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. Copyright 2023, Thomson Reuters. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 3.1602, eff. Stay up-to-date with how the law affects your life. REGISTRATION; CRIMINAL PENALTY. and . September 1, 2007. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Sec. 678, Sec. Stock Laws. 822.101. VIOLATIONS. (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. (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. 1355), Sec. Sept. 1, 1989. 678, Sec. (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. 1355), Sec. In most cases, the quarantine/observation may be in your home. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . USE AND SALE OF RABIES VACCINE. 6, eff. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. April 2, 2015. 822.115. Added by Acts 1991, 72nd Leg., ch. function dm(msgStr) { States that do not have a strict liability statute when it comes to dog attacks usually . May 5, 1995. Amended by Acts 1995, 74th Leg., ch. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 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. DEFINITIONS. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. 99, Sec. 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. 822.021. (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. Amended by Acts 1995, 74th Leg., ch. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. did notbite a human, the law mandates quarantine. May 5, 1995. APPLICATION TO CERTAIN PROPERTY. Most states mandate a 10-day dog bite quarantine because federal law governing testing and vaccination against rabies for animals is insufficient to protect everyone from this highly contagious virus. 1069, 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. Also, the dog's owner can sometimes choose not to have their dog put down. April 2, 2015. (d) Except as provided by Subsection (e), the veterinarian or local rabies control authority may sell the animal and retain the proceeds or keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. entrepreneurship, were lowering the cost of legal services and Acts 2015, 84th Leg., R.S., Ch. (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 . 1002, Sec. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. April 2, 2015. September 1, 2007. (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. 219), Sec. Sec. 822.111. 669 (H.B. 2, eff. REGISTRATION. 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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Acts 1989, 71st Leg., ch. April 2, 2015. 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. (3) any other person authorized to take possession of the dog. NOTICE. 822.028. 678, Sec. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Sec. 99, Sec. HEARING. By Cuteness Team. 1, eff. (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. 3.1619, eff. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). 44, Sec. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. 1, eff. 219), Sec. 2, eff. Renumbered from Health & Safety Code Sec. 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) 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. Spray the dogs with a garden hose.. 822.0012. (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. (1) Statewide quarantine. Officials say the dogs killed . 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 . Added by Acts 2007, 80th Leg., R.S., Ch. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. CERTIFICATE OF REGISTRATION APPLICATION. Added by Acts 1999, 76th Leg., ch. 7-4.2 (a) Fails to microchip cat or dog. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. 822.110. Statewide Quarantine. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. Lawyers know that many Texas dog bites occur when an animal is threatened. 219), Sec. 3.1608, eff. 1, eff. Sept. 1, 1989. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. (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 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. // Acts 2015, 84th Leg., R.S., Ch. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. 678, Sec. 1426), Sec. Added by Acts 1991, 72nd Leg., ch. Rabies and Animal Control Order #171. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. ATTACK BY DANGEROUS DOG. April 2, 2015. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 1, eff. (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 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. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. 822.001. 1 (S.B. 826.001. (b) Registration is valid for one year from the date of registration. 3.1624, eff. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. 219), Sec. 686 (H.B. (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. 669 (H.B. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 96, Sec. (Texas Civ 33.001). Acts 1989, 71st Leg., ch. 899 (H.B. 1, eff. 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). Sec. (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. . A dog attack in a West San Antonio, Texas, residential neighborhood Friday afternoon has left an approximately 80-year-old man dead and a woman in critical condition, the city's fire department . 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