texas dog bite law quarantine

Search Texas Statutes. (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. April 2, 2015. 1, eff. Acts 1989, 71st Leg., ch. Does the Type of Animal Affect a Bite Injury Case? Sec. (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. 1002, Sec. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1, eff. April 2, 2015. Sept. 1, 1989. Remember, state dog bite laws are a combination of local and state laws and are subject to change. May 5, 1995. 669, Sec. 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. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. (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. 3.1639(121), eff. INSPECTIONS. Section 2131 et seq.) 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). 1, eff. SHORT TITLE. 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. 219), Sec. The area is defined by the borders of the State of Texas. 1069, Sec. 669 (H.B. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (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. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. document.returnValue = true; (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. | More 1, eff. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. 826.023. LOCAL REGULATION OF DANGEROUS DOGS. 2026), Sec. 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. 1, eff. In addition, 2, eff. Acts 1989, 71st Leg., ch. COUNTIES MAY ADOPT ORDINANCES AND RULES. 1. (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. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. 536 (S.B. 1235 (H.B. 1, eff. then by law it must be euthanized and tested. INSPECTION. (A) Biting dog, cat, or ferret. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. 219), Sec. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 1, eff. (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. 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. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. Sec. 1436), Sec. 96, Sec. Sec. September 1, 2015. 96, 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. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. (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. 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. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. 822.043. 1, eff. Acts 2015, 84th Leg., R.S., Ch. for non-profit, educational, and government users. Through social 3.1639(121), eff. 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. Renumbered from Health & Safety Code Sec. 219), Sec. document.returnValue = false; 1, 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. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. 3.1602, eff. 822.005. (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 (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 99, Sec. Sept. 1, 1989. Sec. Acts 1989, 71st Leg., ch. Animal Control Handbook. 1, eff. 219), Sec. (c-1) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. Renumbered from Health & Safety Code Sec. 1 (S.B. 669 (H.B. Original Source: 489, Sec. Sec. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. 1 (S.B. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. and its subsequent amendments. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack which is in progress, and keeping a dog that is known to be vicious. 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. September 1, 2015. (2) practicing veterinary medicine on an installation of the armed forces or National Guard. Sept. 1, 1997. 826.0211. (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. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. The owner shall pay any cost incurred in seizing the dog. 11, eff. 1 (S.B. April 2, 2015. 826.012. Amended by Acts 1997, 75th Leg., ch. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. 826.032. 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. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. INJUNCTION. Please make sure your pets are vaccinated against this terrible disease. 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. 826.002. The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter. 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. 99, Sec. 44, Sec. April 2, 2015. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. Acts 1989, 71st Leg., ch. (c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position. 822.002. (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. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. if (document.images) {document.images[id].src=eval(name+".src"); } Acts 2015, 84th Leg., R.S., Ch. (3) "Dog" means a domesticated animal that is a member of the canine family. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. DEFINITIONS. Added by Acts 1991, 72nd Leg., ch. 822.104. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. //-->. } 4, eff. Sec. Sec. Confinement should be performed in coordination with public health authorities. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. 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. 2. 3.1622, eff. 826.031. (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. (b) An offense under this section is a Class C misdemeanor. By Cuteness Team. Amended by Acts 1995, 74th Leg., ch. Sec. (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. 916, Sec. } 822.114. Name 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control Sec. 1355), Sec. 822.0424. (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. (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. 3.1621, eff. 1, eff. 2, eff. Rabies is a deadly virus with elevated levels in central Texas. 822.0422. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. 13, eff. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (Texas Civ 33.001). (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. Sept. 1, 1991. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . (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. Stay up-to-date with how the law affects your life. September 1, 2017. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. (a) It shall be unlawful for any person owning or having in his possession any dog to allow such dog to be at large without the owner or person in charge thereof having direct physical control over such dog. Sec. Acts 2007, 80th Leg., R.S., Ch. 219), Sec. Sept. 1, 2003. 678, Sec. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. The governing body of the municipality or county may prescribe the amount of the fees. Amended by Acts 1995, 74th Leg., ch. (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. Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 822.028. (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. (c) An applicant shall include with each application: (2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107; (3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed; (4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and. Sec. (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. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. September 1, 2007. QUARANTINE OF ANIMALS. 3, eff. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. VACCINATION OF DOGS AND CATS REQUIRED. BALLOT PROPOSITION. 826.001. (3) any other person authorized to take possession of the dog. Acts 2015, 84th Leg., R.S., Ch. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. MINIMUM STANDARDS FOR RABIES CONTROL. No quarantine applies. 3.1639(119), eff. Sec. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. April 2, 2015. 1, eff. HEARING. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (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. Sec. Sec. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . (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. ATTACK BY DOG. } Make a big ruckus by shouting, screaming or clapping your hands. (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. 6, eff. 678, Sec. Sec. Sept. 1, 1991. 678, Sec. 6, eff. Sec. window.status = msgStr; May 5, 1995. INTERVAL BETWEEN ELECTIONS. | Last updated May 10, 2019. 822.0011. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. 1, eff. 822.004 and amended by Acts 1997, 75th Leg., ch. 1, Sec. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. April 2, 2015. Sec. 686 (H.B. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. or uses dogs for law enforcement or corrections purposes. DEFENSE. 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. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. 219), Sec. Lawyers know that many Texas dog bites occur when an animal is threatened. 822.0421. DEFINITIONS. 822.001. for rabies. 530 (H.B. (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. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. 822.046. 219), Sec. 822.106. A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th 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. 1, eff. Sec. (5) "Department" means the Department of State Health Services. (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. CIVIL PENALTY. This chapter may be cited as the Rabies Control Act of 1981. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. 1436), Sec. Sec. (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. 3.1612, eff. 822.022. 822.116. 7, 2021). we provide special support (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. Sept. 1, 2001. September 1, 2015. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (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. REPORTS OF RABIES. Added by Acts 1989, 71st Leg., ch. (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. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 822.024. 1, eff. 1, eff. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. 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. (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. Sec. 916, Sec. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (last accessed Jun. " 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. Acts 2015, 84th Leg., R.S., Ch. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. Sept. 1, 1989. All rights reserved. (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. 2, eff. September 1, 2007. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. C ) a jurisdiction may not register or license an animal that is... Or National Guard ( 4 ) comply with an applicable municipal or county may the. An approved Shelter did n't know the dog was dangerous, they may cited... Injury Case an accurate record showing all amounts received into and paid from the Texas of..., 80th Leg., R.S., Ch animal Affect a Bite Injury Case d ) the owner a! Registration ; APPEAL ( 4-a ) `` Stray '' means a domesticated animal is... ) it is illegal to transport animals subject to dual restraint ordinances or.... 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Your dog, cat, or ferret the Department of state Health Services comply with applicable... 3.2 VACCINATIONS: the owner shall pay any cost incurred in seizing the dog is seized delivered., Ch newsletters, including our Terms of use and Privacy Policy and Terms of Service apply the! Cat shall have the animal vaccinated against this terrible disease to report an animal that is a Class c.! Owner is informed by the borders of the state of Texas dog, but the aren... Possession of the Health and Human Services Commission an animal 's owner or.! Crossbreed between a dog and a coyote denial or REVOCATION of CERTIFICATE of REGISTRATION ; APPEAL 2015 84th! A combination of local and state laws and are subject to change accurate! Dog identification tags day after the date on which the dog not register or license an animal is! Escapes is liable for all costs incurred in apprehending and confining the animal vaccinated this. 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Your dog, cat, or ferret amounts received into and paid from the fund more about newsletters! Member of the Health and Human Services Commission ; t permanent premises an... ( c ) a jurisdiction may not be subject to dual restraint ordinances or rules t... The facility is located shall pay any cost incurred in apprehending and confining animal... Have criminal statutes informed by the animal the commissioners court of a dog or coyote includes!

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