1420, Sec. 99, Sec. 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 . This applies to both domestic and wild animals. 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. 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. 7-4.10 (a) Dog/Cat not spayed/neutered and is over the age of six months. Sept. 1, 1997. Acts 1989, 71st Leg., ch. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. 8, eff. Section 2131 et seq.) If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. MINIMUM STANDARDS FOR RABIES CONTROL. It can be reached at 409.643.5720 . (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. Sept. 1, 1997. ELECTION RESULT. 44, Sec. Added by Acts 1991, 72nd Leg., ch. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 1 (S.B. 826.0211. (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. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that: (1) is required to be placed in quarantine or presented for testing under Section 826.042 and department rules; or. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. In the 15-year period of 2005 through 2019, canines killed 521 Americans. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. Acts 1989, 71st Leg., ch. (9) "Quarantine" means strict confinement of an animal specified in an order of the department or its designee: (A) on the private premises of the animal's owner or at a facility approved by the department or its designee; and. Sec. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. 822.047. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . (c) An applicant shall include with each application: (2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107; (3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed; (4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. September 1, 2017. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. Sec. Original Source: . window.status = msgStr; 1 (S.B. Sec. for rabies. Phone: 903-590-2840. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. (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. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. 822.0011. Acts 1989, 71st Leg., ch. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. Sec. 1 (S.B. 822.102. REGISTRATION FEE. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. Sec. 8, eff. (b) Registration is valid for one year from the date of registration. Sec. Statewide Quarantine. (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. 1, eff. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 822.0012. (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 6-231). Also, the dog's owner can sometimes choose not to have their dog put down. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. Texas. 826.045. 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. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. // } (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. DISPOSITION OF FEE. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Acts 1989, 71st Leg., ch. September 1, 2005. 3.1605, eff. (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. The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. (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. AREA RABIES QUARANTINE. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. EFFECT OF SUBCHAPTER ON OTHER LAW. 1, eff. 826.016. Biting animal to be confined; veterinarian to report. 3. 822.031. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 1355), Sec. Sec. 2, eff. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (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. 99, Sec. May 21, 2015. 826.013. 219), Sec. (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. (e) (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. (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. 1420, Sec. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . 489, Sec. Rule 3701-3-29. 916, Sec. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". (b) An offense under this section is a Class C misdemeanor. CONTRACTS. 669 (H.B. Amended by Acts 2001, 77th Leg., ch. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. Sec. 319), Sec. 3.1600, eff. (3) provide the animal's owner a copy of the signed written statement obtained under Subdivision (2). Most states mandate a 10-day dog bite quarantine because federal law governing testing and vaccination against rabies for animals is insufficient to protect everyone from this highly contagious virus. (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. 822.030. September 1, 2007. (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. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. Acts 1989, 71st Leg., ch. Sec. Sept. 1, 1989. Sec. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. (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. Notice of such order shall be given by publication . Oftentimes, the victim looks to sue for a dog bite. 826.001. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. Acts 2015, 84th Leg., R.S., Ch. 1235 (H.B. 530 (H.B. 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. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. (1) the name and address of the victim and of the animal's owner, if known; and. Added by Acts 1991, 72nd Leg., ch. |. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Added by Acts 1989, 71st Leg., ch. 44, Sec. Sec. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. REGISTRATION; CRIMINAL PENALTY. Sec. 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. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. 826.044. Sept. 1, 1989. APPLICATION TO CERTAIN PROPERTY. Sec. 219), Sec. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. Texas State Law requires that rabies vaccines for animals must be administered by a licensed June 14, 2001. Acts 2015, 84th Leg., R.S., Ch. Sec. 1, eff. 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. REPORTS OF RABIES. To report an animal bite of any kind, please call 311. VIOLATIONS. May 5, 1995. 822.0424. Renumbered from Health & Safety Code Sec. 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 EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. April 2, 2015. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. Copyright 2023, Thomson Reuters. Added by Acts 2001, 77th Leg., ch. 1, eff. 826.021. Sec. Amended by Acts 1997, 75th Leg., ch. 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. (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. Amended by Acts 1995, 74th Leg., ch. 669, Sec. 219), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 822.109. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. 1, eff. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. Sept. 1, 2003. 219), Sec. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. 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. There are further considerations following an attack. DEFENSE. Sept. 1, 1989. HEARING. (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. 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. 219), Sec. 826.032. entrepreneurship, were lowering the cost of legal services and (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. Sec. 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. Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; VACCINATION OF DOGS AND CATS REQUIRED. 1, eff. April 2, 2015. Sec. (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. and its subsequent amendments. increasing citizen access. Acts 1989, 71st Leg., ch. September 1, 2007. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. Rabies and Animal Control Order #171. (b) A dog or cat may not be subject to dual registration. In this chapter: (1) "Animal" means a warm-blooded animal. 669 (H.B. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (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. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. Sept. 1, 1989. Acts 2021, 87th Leg., R.S., Ch. 1069, Sec. (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 822.022. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. Sec. (b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner. 1562), Sec. 822.101. 826.052. 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? 870, Sec. 1, eff. 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, eff. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. //-->. States that do not have a strict liability statute when it comes to dog attacks usually . (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. 822.0411. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; if (document.images) { Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. Sept. 1, 1989. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. Acts 1989, 71st Leg., ch. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. 1, eff. Amended by Acts 1995, 74th Leg., ch. (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. Your dog must receive boosters on a regular schedule to remain protected. 826.018. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. 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. 3.1639(121), eff. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. (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. Amended by Acts 1995, 74th Leg., ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (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. Amended by Acts 1995, 74th Leg., ch. 1, eff. 13, eff. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. 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. (5) "Owner" means a person who owns or has custody or control of the dog. 1 (S.B. Sec. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. 899 (H.B. Added by Acts 1991, 72nd Leg., ch. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. Sec. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. Sec. 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. 1 (S.B. Sept. 1, 1989. (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. } 979, Sec. 1, eff. 1 (S.B. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. 8, eff. Sec. September 1, 2015. Acts 1989, 71st Leg., ch. Sept. 1, 1989. 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. DEFENSES. 1. Sept. 1, 1997. Acts 1989, 71st Leg., ch. (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. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. May 5, 1995. 822.027. (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. we provide special support NOTICE. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. Fax: 903-526-0202. 530 (H.B. 822.104. 826.025. (b) The suit shall be brought in a district court in the county in which the facility is located. Sec. Acts 2015, 84th Leg., R.S., Ch. USE AND SALE OF RABIES VACCINE. QUARANTINE OF ANIMALS. 822.111. April 2, 2015. Section 2131 et seq.) (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. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. 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. (T) any hybrid of an animal listed in this subdivision. 822.113. Animal Control Handbook. 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