The veterinarian or local rabies control authority may bring suit to collect those costs. Sept. 1, 1997. September 1, 2007. Added by Acts 2001, 77th Leg., ch. (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. September 1, 2007. 14.809, eff. 1, eff. 678, Sec. 1 (S.B. did notbite a human, the law mandates quarantine. 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. 678, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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). Amended by Acts 1999, 76th 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. (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. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. 992 (H.B. 678, Sec. 826.023. 14, eff. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. then by law it must be euthanized and tested. The hearing must be held not later than the 10th day after the date on which the warrant is issued. This applies to both domestic and wild animals. 1355), Sec. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. (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. // The java used for navigation in the Public OM page (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. (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. 1, eff. 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. 822.005. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. Sec. Sec. AREA RABIES QUARANTINE. (a) Declaration. Dog Quarantine After Bite. APPLICABILITY OF SUBCHAPTER. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. 1331 (S.B. 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). (3) "Dog" means a domesticated animal that is a member of the canine family. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 1, eff. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. Name IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. (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. (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. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . 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. Added by Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. 678, Sec. 99, Sec. 7-4.2 (a) Fails to microchip cat or dog. 822.103. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 822.023. 44, Sec. (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. 44, Sec. | Last updated May 10, 2019. 1069, Sec. Notice of such order shall be given by publication . (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. 822.0411. 822.109. (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. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 1 (S.B. 219), Sec. 822.011. (3) the rules adopted by the executive commissioner under the area rabies quarantine provisions of Section 826.045. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Sept. 1, 1989. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Sec. Acts 2015, 84th Leg., R.S., Ch. 826.043. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. Sec. 822.029. 44, Sec. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; Acts 1989, 71st Leg., ch. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Sec. 822.113. 826.024. Sec. 1, eff. Sec. Sec. 3.1620, eff. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Sept. 1, 2001. 826.047. Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. 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. 31, eff. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. we provide special support Sec. (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. DETERMINATION THAT DOG IS DANGEROUS. 3.1609, eff. (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. //-->. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. 826.041. Sec. For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. 1, Sec. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. September 1, 2007. (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. 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. 826.052. 219), Sec. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office. 822.0421. 826.055. " 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. 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. (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. 822.027. (A) makes an unprovoked attack on a person that causes bodily injury and occurs 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; or. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 11, eff. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. Sec. April 2, 2015. Lawyers know that many Texas dog bites occur when an animal is threatened. 678, Sec. 1 (S.B. Sec. His wife was also attacked by the dogs and remains in critical condition at University Hospital. April 2, 2015. 826.021, TAC-169.29, CD6-Sec. 822.108. (b) The suit shall be brought in a district court in the county in which the facility is located. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. 44, Sec. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Sept. 1, 1989. Acts 1989, 71st Leg., ch. 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