texas dog bite law quarantine
1 (S.B. REPORTS OF RABIES. 1420, Sec. May 5, 1995. 96, Sec. COUNTIES MAY ADOPT ORDINANCES AND RULES. 3340), Sec. 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. for non-profit, educational, and government users. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. Sec. 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. 1. May 5, 1995. Sept. 1, 1989. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Sept. 1, 2003. (3) any other person authorized to take possession of the dog. 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. Visit our attorney directory to find a lawyer near you who can help. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 826.052. 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. 1235 (H.B. Sec. Dog Quarantine After Bite. (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. Sept. 1, 1989. September 1, 2005. 1 (S.B. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (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. 3.1608, eff. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. 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. 1 (S.B. 536 (S.B. 1 (S.B. 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. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. REGISTRATION; CRIMINAL PENALTY. 916, Sec. 44, Sec. (e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. (2) the requirements for animal control officer training adopted under Chapter 829. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . 822.028. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. Pit bulls contributed to 66% (346) of these deaths. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Sec. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. 822.0424. Sec. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. 669 (H.B. 1436), Sec. Renumbered from Health & Safety Code Sec. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. Sec. 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). The owner shall pay any cost incurred in seizing the dog. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. Section 2131 et seq.) (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. April 2, 2015. Acts 1989, 71st Leg., ch. 826.022. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 3.1639(121), eff. 1 (S.B. DOGS OR COYOTES THAT ATTACK ANIMALS. 7, eff. Acts 2015, 84th Leg., R.S., Ch. Stay up-to-date with how the law affects your life. 1, eff. 1 (S.B. Amended by Acts 1995, 74th Leg., ch. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. entrepreneurship, were lowering the cost of legal services and Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 1426), Sec. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Acts 2015, 84th Leg., R.S., Ch. Sec. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (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. (5) "Department" means the Department of State Health Services. 219), Sec. (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. 2, eff. LOCAL RABIES CONTROL PROGRAMS. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. April 2, 2015. Sec. Sec. 219), Sec. Sept. 1, 1989. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. 3.1612, eff. 1 (S.B. (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. 3.1618, 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. 826.018. 44, Sec. 1002, Sec. 1, eff. 826.013. Acts 2015, 84th Leg., R.S., Ch. 826.055. September 1, 2017. Sept. 1, 1997. (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. April 2, 2015. Sec. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. (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. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Sec. Sec. (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. 822.007. Sec. September 1, 2007. we provide special support Added by Acts 1999, 76th Leg., ch. 44, Sec. 822.001. 2, eff. There are further considerations following an attack. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. 678, Sec. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. 1, Sec. (c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. 822.107. 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. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. 826.001. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. (2) the program established by this chapter and the department rules adopted under this chapter. Aug. 28, 1995. Section 2131 et seq.) SUBCHAPTER A. (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. Sept. 1, 1989. Sec. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. 3.1607, eff. 1436), Sec. The governing body of the municipality or county may prescribe the amount of the fees. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. Sec. 826.043. Sec. // If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. 916, Sec. Sec. The animal's owner must pay the fee before the animal may be released. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. 44, Sec. April 2, 2015. 822.116. DEFENSE. Amended by Acts 1995, 74th Leg., ch. ELECTION RESULT. 219), Sec. 44, Sec. (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. 1002, Sec. Added by Acts 1991, 72nd Leg., ch. 870, Sec. DEFINITIONS. It can be reached at 409.643.5720 . Section 2131 et seq.) 822.0421. (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. MINIMUM STANDARDS FOR RABIES CONTROL. Restraint; Criminal Penalty. 2, eff. 822.004. September 1, 2017. 1, eff. Amended by Acts 1995, 74th Leg., ch. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (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. 678, Sec. V.T.C.A., Health . Sept. 1, 1997. 1, eff. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. Sept. 1, 2001. 7, 2021). Added by Acts 1997, 75th 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. 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 Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. 678, Sec. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. 992 (H.B. 1 (S.B. (b) Notwithstanding the definition in Section 822.001(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. (1) the name and address of the victim and of the animal's owner, if known; and. The animal shelter said it spotted a dog showing signs of distemper on Thursday, so they immediately tested the dog and euthanized it at the direction of a BARC veterinarian to prevent the spread of the disease. (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. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. September 1, 2007. 822.003 by Acts 1997, 75th Leg., ch. Sec. 2, eff. 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. INSPECTIONS. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. Sept. 1, 1989. 1, eff. 99, 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. 5.95(49), eff. 219), Sec. (b) An offense under this section is a Class C misdemeanor. 4, eff. 1, eff. and its subsequent amendments or the regulations adopted under that Act. 826.031. This includes animals that already have their rabies shots. May 17, 1999. May 5, 1995. 678, Sec. Sec. (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. 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. Sec. 1, eff. (d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424. Added by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Please make sure your pets are vaccinated against this terrible disease. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. 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. or uses dogs for law enforcement or corrections purposes. Acts 1989, 71st Leg., ch. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. Sec. 822.101. } //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; April 2, 2015. Acts 1989, 71st Leg., ch. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Sept. 1, 1989. June 18, 2005. Confinement should be performed in coordination with public health authorities. Sec. (5) the injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. We will always provide free access to the current law. INTERVAL BETWEEN ELECTIONS. 822.108. 219), Sec. Search Texas Statutes. 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 822.002 and amended by Acts 1997, 75th Leg., ch. 678, Sec. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. 1 (S.B. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. 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texas dog bite law quarantine