texas dog bite law quarantine

219), Sec. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. 992 (H.B. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. The law . 2, eff. (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. Acts 1989, 71st Leg., ch. (1) Statewide quarantine. Acts 2015, 84th Leg., R.S., Ch. 3.1639(121), eff. 1 (S.B. 669 (H.B. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Please try again. (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. The fees collected under this section may be used only to administer and enforce this subchapter. Sec. (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. 826.025. 1 (S.B. (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. 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. Added by Acts 1999, 76th Leg., ch. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? April 2, 2015. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. did notbite a human, the law mandates quarantine. September 1, 2015. Sec. April 2, 2015. Stock Laws. (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. (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. 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 (5) "Department" means the Department of State Health Services. Sept. 1, 1989. (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. Sec. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. 99, Sec. 1 (S.B. 8, eff. 1, eff. June 15, 2007. April 2, 2015. 1 (S.B. September 1, 2015. Sec. September 1, 2017. 822.021. Notice of such order shall be given by publication . Sec. VACCINATION OF DOGS AND CATS REQUIRED. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. 1436), Sec. SUBCHAPTER 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. AREA RABIES QUARANTINE. This is the main section that was updated in the latest revision of Order 171. 1, eff. 686 (H.B. document.returnValue = true; 169, Rabies Control and Eradication Rabies vaccination protocols for animals and people: Rabies Prevention in Texas Oral Rabies Vaccination Program (ORVP): Amended by Acts 1999, 76th Leg., ch. 2026), Sec. Amended by Acts 1995, 74th Leg., ch. Stay up-to-date with how the law affects your life. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sec. Sec. 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. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. Sec. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (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. 8, eff. Firms, Animal Attack and Dog Bite Claim Resources. Sec. 826.024. 2, eff. 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. 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. 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. 3.1613, eff. increasing citizen access. The email address cannot be subscribed. 1, eff. |. 44, Sec. (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. 1355), Sec. VIOLATIONS. INSPECTION. April 2, 2015. 219), Sec. LOCAL REGULATION OF DOGS. 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. Texas State Law requires that owners of dogs, cats, and ferrets be vaccinated against rabies by four months of age and given a second inoculation against rabies one year later, then tri-annually thereafter (VTCA-Sec. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. 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. Location: 1, eff. Spray the dogs with a garden hose.. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Fax: 903-526-0202. The dogs that killed an elderly man in San Antonio, Texas "snapped" at family members after a stint with pet services before last week's fatal attack, the family said. The veterinarian or local rabies control authority may bring suit to collect those costs. (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. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; entrepreneurship, were lowering the cost of legal services and (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. May 5, 1995. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. Sec. The owner of the dogs now faces felony charges, police said. Acts 2015, 84th Leg., R.S., Ch. Remember, state dog bite laws are a combination of local and state laws and are subject to change. Sec. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's . (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. (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. April 2, 2015. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. Acts 2015, 84th Leg., R.S., Ch. // Sept. 1, 1991. Sec. (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. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. (C) does not otherwise adversely affect the overall welfare of the animal involved. 1436), Sec. Copyright 2023, Thomson Reuters. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. DEFINITIONS. 826.044. (b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law. The average cost per claim nationally has risen 39 percent from . 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). 822.043. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. INJUNCTION. } 1, eff. Added by Acts 1991, 72nd Leg., ch. if (document.images) {document.images[id].src=eval(name+".src"); } Sept. 1, 1989. Sec. 3.1622, eff. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. 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. Acts 2015, 84th Leg., R.S., Ch. 822.110. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; MINIMUM STANDARDS FOR RABIES CONTROL. May 5, 1995. Acts 2015, 84th Leg., R.S., Ch. (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. 13, eff. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. 822.022. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; April 2, 2015. EFFECT OF SUBCHAPTER ON OTHER LAW. Texas State Law requires that rabies vaccines for animals must be administered by a licensed (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. 1, eff. 7-4.2 (a) Fails to microchip cat or dog. (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. (3) "Dog" means a domesticated animal that is a member of the canine family. Acts 1989, 71st Leg., ch. 99, Sec. Acts 2007, 80th Leg., R.S., Ch. CERTIFICATE OF REGISTRATION APPLICATION. Sec. (e) 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. 826.051. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 219), Sec. 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. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. (b) The suit shall be brought in a district court in the county in which the facility is located. REGISTRATION FEE. No quarantine applies. 1355), Sec. 678, Sec. The hearing must be held not later than the 10th day after the date on which the warrant is issued. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. 3.1617, eff. (c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in Section 822.004. Acts 2015, 84th Leg., R.S., Ch. (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. Created byFindLaw's team of legal writers and editors Added by Acts 2001, 77th Leg., ch. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. Sec. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number 899 (H.B. REPORTS OF RABIES. Acts 1989, 71st Leg., ch. (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. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. 1, eff. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. (d) A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law. Phone: 903-590-2840. Sec. 219), Sec. 1 (S.B. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. 319), Sec. Sec. 822.115. 219), Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. CIVIL PENALTY. 4, eff. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 826.021, TAC-169.29, CD6-Sec. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 822.033 and amended by Acts 2003, 78th Leg., ch. DEFINITIONS. 916, Sec. 44, Sec. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. (5) any other information the animal registration agency may require. 219), Sec. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. Meeting with a lawyer can help you understand your options and how to best protect your rights. 1, eff. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . or uses dogs for law enforcement or corrections purposes. 219), Sec. 822.011 and amended by Acts 2003, 78th Leg., ch. (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. 1, eff. (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. 822.004 and amended by Acts 1997, 75th Leg., ch. (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. Rabies and Animal Control Order #171. (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. (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. 1728), Sec. Search Texas Statutes. 822.108. 9, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. May 5, 1995. 219), Sec. Section 2131 et seq.) 669 (H.B. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 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. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. CERTIFICATE OF REGISTRATION; FEES. (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. Sept. 1, 1989. 822.0011. 1, eff. May 5, 1995. Visit our attorney directory to find a lawyer near you who can help. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Sec. (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. May 5, 1995; Acts 2001, 77th Leg., ch. 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. Acts 1989, 71st Leg., ch. Acts 1989, 71st Leg., ch. BALLOT PROPOSITION. 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. Sec. 826.047. 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. Sept. 1, 1989. 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. 2, eff. 3.1610, eff. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Sept. 1, 1989. An offense under this subsection is punishable by a fine of not more than $100. Acts 2015, 84th Leg., R.S., Ch. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1997. 669 (H.B. 1740), Sec. (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. 822.045. 3.1624, eff. (2) It is illegal to transport animals subject to the statewide rabies quarantine from, to . 1 (S.B. CRIMINAL PENALTY. // LiaJavaInput 678, Sec. 678, Sec. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. Sec. Sec. (c) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. 3.1639(121), eff. ELECTION RESULT. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . 826.016. (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. INTERVAL BETWEEN ELECTIONS. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. 1, eff. 99, Sec. 76, Sec. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (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. 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. September 1, 2017. 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. The governing body of the municipality or county may prescribe the amount of the fees. (h) 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 engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. The law mandates quarantine signatures of its 7,500 goal Subsection is punishable by a fine of not more $... ; minimum standards for rabies control authority that the dog in secure and humane conditions until the court orders disposition! ( a ) the owner shall pay a cost or fee assessed under section 822.0421 your. Assessed under section 822.042 ( d ) near you who can help dangerous wild animal.src '' ;. 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