//help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 219), Sec. (b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree. Ramon Najera, an 81-year-old . Sec. 822.0421. 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): 822.013. Visit our attorney directory to find a lawyer near you who can help. 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. Sec. 1, eff. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. 826.054. 2, eff. 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. Search, Browse Law SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. (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. 1, eff. 44, Sec. 2, eff. (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. (E) in conformance with the requirements for enclosures established by the local animal control authority. Added by Acts 2017, 85th Leg., R.S., Ch. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. (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. Sept. 1, 1989. and . COUNTIES MAY ADOPT ORDINANCES AND RULES. (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. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. 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. Amended by Acts 1995, 74th Leg., ch. Sec. (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. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. 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. Added by Acts 1991, 72nd Leg., ch. If any of these scenarios apply, a dog attack attorney can help you determine liability. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. (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. Acts 2021, 87th Leg., R.S., Ch. QUARANTINE OF ANIMALS. 1, eff. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 1 (S.B. 669 (H.B. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. Acts 2005, 79th Leg., Ch. Sec. (2) the program established by this chapter and the department rules adopted under this chapter. (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) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. DEFENSES. April 2, 2015. (c) The local rabies control authority shall investigate a report filed under this section. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. (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. Sec. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (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. Acts 2015, 84th Leg., R.S., Ch. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 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. (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. Sept. 1, 1991. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. } 6-231). Sept. 1, 1989. 822.0422. Sec. Renumbered from Health & Safety Code Sec. ATTACK BY DANGEROUS DOG. Acts 1989, 71st Leg., ch. 822.029. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. Meeting with a lawyer can help you understand your options and how to best protect your rights. Sec. Fax: 903-526-0202. Section 2131 et seq.) 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. 822.0011. 1 (S.B. 678, Sec. September 1, 2007. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. or uses dogs for law enforcement or corrections purposes. 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. 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. Acts 1989, 71st Leg., ch. REPORTS OF RABIES. April 2, 2015. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. Sec. CRIMINAL PENALTY. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 3.1622, eff. 1 (S.B. Please try again. 99, Sec. 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. Sec. 822.116. window.status = msgStr; 5, 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. 319), Sec. function dmim(msgStr) { At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 530 (H.B. Renumbered from Health & Safety Code Sec. Added by Acts 2001, 77th Leg., ch. USE AND SALE OF RABIES VACCINE. 822.0012. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. (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. 54, Sec. 219), 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. (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. Please make sure your pets are vaccinated against this terrible disease. (b) The tags must be numbered consecutively and must be printed or impressed with the name of the county issuing the tags. Section 826.042 Quarantine of Animals, (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. September 1, 2007. Sept. 1, 1997. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. 99, Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 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 LOCAL REGULATION OF DANGEROUS DOGS. September 1, 2007. To report an animal bite of any kind, please call 311. } Email: shelter@smith-county.com. VACCINATION; CRIMINAL PENALTY. Sec. September 1, 2007. 1355), Sec. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . Sept. 1, 1997. 826.046. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Section 42.092 of the Texas Penal Code. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 3.1616, eff. Added by Acts 1995, 74th Leg., ch. 219), Sec. 1, eff. In most cases, the quarantine/observation may be in your home. DESTRUCTION OF DOG. 822.002 and amended by Acts 1997, 75th Leg., ch. When is a domestic dog, cat, or ferret placed in a 10-day confinement? (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. And this is often the case if the assault is not severe. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . This includes animals that already have their rabies shots. Learn more about FindLaws newsletters, including our terms of use and privacy policy. } 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. September 1, 2015. 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. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. RELOCATION OR DISPOSITION OF ANIMAL. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 3, eff. Acts 2015, 84th Leg., R.S., Ch. 822.012. Acts 1989, 71st Leg., ch. 822.001 and amended by Acts 1997, 75th Leg., ch. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Acts 1989, 71st Leg., ch. 44, Sec. 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. if (document.images) { (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. Sec. Location: (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. (c) The rules adopted under Subsection (b)(2) may include conditions for the restraint of carnivorous animals and the transportation of carnivorous animals into and out of the quarantine area. 822.011. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. 822.104. 1 (S.B. (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. 822.0411. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. 2, eff. Officials say the dogs killed . 826.041. (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. 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. (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. Sept. 1, 1989. Sec. May 17, 1999. 99, Sec. // LiaJavaInput 669 (H.B. 826.021. 822.003. (b) The suit shall be brought in a district court in the county in which the facility is located. 3340), Sec. 1355), Sec. April 2, 2015. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 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. DISPLAY OF CERTIFICATE OF REGISTRATION. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. 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. (a) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. If your dog bites someone, whether on your property or not, you are liable.". (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. 826.048. 1420, Sec. September 1, 2015. Acts 1989, 71st Leg., ch. 822.113. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. 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. (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. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. 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. 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. 3.1639(119), eff. 822.030. Amended by Acts 1995, 74th Leg., ch. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. 536 (S.B. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (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. NOTICE. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Sept. 1, 1989. DEFENSE. 1436), Sec. 822.0424. Added by Acts 1999, 76th Leg., ch. According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. 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. 826.025. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. Acts 1989, 71st Leg., ch. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. // 826.013. Acts 2007, 80th Leg., R.S., Ch. (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. 2. April 2, 2015. 1 (S.B. (5) any other information the animal registration agency may require. 99, Sec. You can be held civilly or criminally liable. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; OFFENSE AND PENALTY. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 678, Sec. April 2, 2015. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 44, Sec. 1436), Sec. RESTRAINT; CRIMINAL PENALTY. (C) does not otherwise adversely affect the overall welfare of the animal involved. 219), Sec. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. 1 (S.B. 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. //-->. 7, eff. (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. (T) any hybrid of an animal listed in this subdivision. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. Subsection ( c ) does not otherwise adversely affect the overall welfare of the animal vaccinated... Newsletters, including the county treasurer the necessary dog identification tags for and method of quarantine other and! Acts 2015, 84th Leg., Ch. you understand your options and how to best protect your rights '! 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