219), Sec. 678, Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. 2026), Sec. 1, eff. 1 (S.B. DESTRUCTION OF DOG. 826.043. (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. Sec. 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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 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? Sec. September 1, 2007. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. Sept. 1, 1997. (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 to require that: (1) each dog or cat be restrained by its owner; (2) each stray dog or cat be declared a public nuisance; (3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee; (4) each stray dog or cat be impounded for a period set by ordinance or rule; and. Through social 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. USE AND SALE OF RABIES VACCINE. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. 678, Sec. Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 219), Sec. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. (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. V.T.C.A., Health . (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. 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. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. The contracts or agreements may provide for payment by the state for materials, equipment, and services. Sec. (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. Sec. Also, the dog's owner can sometimes choose not to have their dog put down. Sec. 976 (S.B. Acts 2015, 84th Leg., R.S., Ch. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. One Bite Rule // LiaJavaInput 686 (H.B. 822.0012. Added by Acts 2001, 77th Leg., ch. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 822.022. 44, Sec. Sec. 822.045. 678, 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 . ELECTION RESULT. (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. 822.103. 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. (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. A civil penalty collected under this subsection may be retained by the county or municipality. VACCINATION OF DOGS AND CATS REQUIRED. DETERMINATION THAT DOG IS DANGEROUS. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. 1, eff. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (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. 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. (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. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. Acts 1989, 71st Leg., ch. May 5, 1995. Sept. 1, 1989. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . 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. (5) any other information the animal registration agency may require. 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. 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. 3.1600, eff. // function that displays status bar message Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. Acts 1989, 71st Leg., ch. 1, eff. 99, Sec. 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. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Original Source: May 17, 1999. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 826.021. Added by Acts 1997, 75th Leg., ch. 822.104. Section 826.042 Quarantine of Animals, 9, eff. April 2, 2015. 669, Sec. 1355), Sec. Sept. 1, 1989. | Last updated May 10, 2019. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 6-231). EFFECT OF SUBCHAPTER ON OTHER LAW. 1420, Sec. 2, eff. 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). In addition, (2) are more stringent than restrictions provided by this subchapter. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 44, Sec. Amended by Acts 1997, 75th Leg., ch. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. 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. Sec. Amended by Acts 1995, 74th Leg., ch. (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. (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. April 2, 2015. Acts 1989, 71st Leg., 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. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Added by Acts 2003, 78th Leg., ch. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. (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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. May 5, 1995. April 2, 2015. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; (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. Your dog must receive boosters on a regular schedule to remain protected. (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. APPEAL. 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