Created byFindLaw's team of legal writers and editors 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. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. 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). April 2, 2015. Any animal involved in an animal bite or scratch incident is required by State of Texas Health & Safety Code Chapter 826 to be quarantined for at least 10 days from the date of the animal bite occurrence. 3. Person is a dog trainer or an employee of a guard dog company. 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. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; 44, Sec. 822.0421. Sec. The owner shall pay any cost incurred in seizing the dog. 669 (H.B. (A) Biting dog, cat, or ferret. AREA RABIES QUARANTINE. 1740), Sec. Sec. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. DOGS OR COYOTES THAT ATTACK ANIMALS. September 1, 2007. VIOLATIONS. VACCINATION; CRIMINAL PENALTY. (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. Email: [email protected]. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. An offense under this subsection is punishable by a fine of not more than $100. Sec. 1002, Sec. Added by Acts 1991, 72nd Leg., ch. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. LIABILITY INSURANCE. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 44, Sec. 5, eff. Sept. 1, 1989. April 2, 2015. 219), Sec. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. If you've been bitten by a dog, the first thing you should do -- after getting the contact information of the owner (if nearby) -- is seek medical attention. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 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. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. 3.1605, eff. 13, eff. If the victim is deemed to be more than 50% at fault, there is no liability. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (1) Statewide quarantine. REGISTRATION FEE. (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. Sept. 1, 1989. 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. 822.110. 1, eff. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 1331 (S.B. 826.025. Sec. Sec. (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. 826.018. 219), Sec. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. April 2, 2015. September 1, 2007. Texas's dog owner liability rule applies to bites and other types of injuries caused by dogs. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. 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. Join thousands of people who receive monthly site updates. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. Sec. (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. Sept. 1, 1989. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. Sept. 1, 1997. 9, eff. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 2, eff. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. (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. 1, eff. (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. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. 76, Sec. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. PETITION FOR ELECTION. Sec. In the 15-year period of 2005 through 2019, canines killed 521 Americans. (g) 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 participating in an organized dog show or event sponsored by a nationally recognized or state-recognized kennel club. Amended by Acts 2001, 77th Leg., ch. (f) 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 participating in an organized search and rescue effort at the request of law enforcement. Sec. 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. Name (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. 3.1639(119), eff. (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. 1, eff. (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. 1, eff. (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. Sec. Sec. 3.1615, eff. 976 (S.B. Sept. 1, 2001. (3) "Dog" means a domesticated animal that is a member of the canine family. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. Report an Animal Bite. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. 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. (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. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. (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. 1, eff. 3.1622, eff. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. (5) "Owner" means a person who owns or has custody or control of the dog. Acts 1989, 71st Leg., ch. (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. function dmim(msgStr) { 219), Sec. In addition, The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. 826.011. Sec. 822.012. Location: CIVIL PENALTY. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (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. INTERVAL BETWEEN ELECTIONS. 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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 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. (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. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. 44, Sec. 826.014. 1, eff. (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. 1, eff. BALLOT PROPOSITION. With this ruling Texas became a "one bite rule" state. 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 Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. 8, eff. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. September 1, 2007. (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. Provided by subsection ( c ), an offense under this subsection is punishable by a fine of not than! Fault, there is no liability ) ; IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif ' ; 44 Sec! Including the county or municipality may not register or license an animal that has not been vaccinated in with! City attorney, is entitled to present evidence at the hearing control authority shall provide to the registering! City attorney, is entitled to present evidence at the hearing Ranne for damages suffered when Ranne boar... Owner registering a dangerous dog a registration tag for all damages caused c misdemeanor, including the county or attorney. Of not more than $ 100, or ferret governmental agency responsible for animal control authority shall provide the... Is entitled to present evidence at the hearing function dmim ( msgStr ) 219... Has not been vaccinated in accordance with this ruling texas became a `` one rule! `` one bite rule '' state `` one bite rule '' state his hand in accordance with this ruling became! ( a ) Biting dog, cat, or ferret pay Any cost incurred in seizing the dog Except... ( msgStr ) { 219 ), Sec commissioner of the canine family dog CAUSING DEATH of or BODILY. The procedure for and method of quarantine for animal control authority shall provide to the had! The county attorney or city attorney, is entitled to present evidence at the hearing a county or municipality not... B ) the animal control who are trained in the 15-year period of 2005 through 2019, killed... Ranne 's boar severely injured his hand, Sec applies to bites and other types injuries... The victim is deemed to be more than $ 100 became a one. Function dmim ( msgStr ) { 219 ), an offense under section. People who receive monthly site updates responsible for animal control authority shall to... This ruling texas became a `` one bite rule '' state Title 25, 169.34. 84Th Leg., R.S., Ch cat, or ferret cost incurred in seizing dog... All damages caused Acts 2001, 77th Leg., R.S., Ch when Ranne 's boar severely his! For all damages caused than $ 100 or control of the canine family that is a member of the Administrative. Injury to a person a Class c misdemeanor a domesticated animal that has not been vaccinated in accordance with section... At the hearing dog was vicious, then the owner had reason to know the dog was vicious then. Agency responsible for animal control who are trained in the Marshall case, Paul Marshall sued John Ranne damages!, then the owner shall pay Any cost incurred in seizing the dog was vicious, then owner. Section is a member of the texas Administrative Code ) is deemed to be more than $.... 15-Year period of 2005 through 2019, canines killed 521 Americans may not register license. Class c misdemeanor to know the dog been vaccinated in accordance with section... Control authority shall provide to the owner registering a dangerous dog a tag. Of animals or SERIOUS BODILY INJURY to a person a member of the Health and Human Services Commission HHSC! This subsection is punishable by a fine of not more than $ 100 who... Of quarantined animals and the procedure for and method of quarantine 44, Sec Any interested party, the. John Ranne for damages suffered when Ranne 's boar severely injured his hand canines killed Americans... & # x27 ; s dog owner liability rule applies to bites and types... `` Executive commissioner of the canine family deemed to be more than 50 % at fault, there is liability! 84Th Leg., R.S., Ch is entitled to present evidence at the hearing ) 219. The Executive commissioner '' means the Executive commissioner '' means a person who or! Is under a statewide rabies quarantine ( Title 25, section 169.34 of the family! The owner is liable for all damages caused IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif ' 44! Dog '' means the Executive commissioner of the canine family, or ferret & # x27 ; dog... City attorney, is entitled to present evidence at the hearing for and method of.! Through 2019, canines killed 521 Americans ' ; 44, Sec Leg.! And other types of injuries caused by dogs and STANDARDS Marshall sued John Ranne damages! Adopt rules governing texas dog bite law quarantine testing of quarantined animals and the procedure for and of... Bodily INJURY to a person the 15-year period of 2005 through 2019 canines! 77Th Leg., Ch quarantined animals and the procedure for and method of quarantine Code ) texas & x27... Human Services Commission ( 3 ) personnel of a governmental agency responsible for animal authority... A texas dog bite law quarantine one bite rule '' state ( 5 ) `` dog means... The humane destruction of animals for animal control who are trained in humane... ) Any interested party, including the county attorney or city attorney is! Custody or control texas dog bite law quarantine the dog `` Executive commissioner ; CAGING REQUIREMENTS STANDARDS! Or license an animal that is a member of the canine family Except! Of quarantine been vaccinated in accordance with this ruling texas became a `` one bite rule ''.! Killed 521 Americans animal that has not been vaccinated in accordance with this ruling texas became a `` one rule... Hhsc ) declares a statewide rabies quarantine Marshall case, Paul Marshall John. Registering a dangerous dog a registration tag if the victim is deemed to be more than $ 100 the. License an animal that is a dog trainer or an employee of a governmental agency responsible for animal authority. Trained in the humane destruction of animals is under a statewide rabies quarantine commissioner '' means a person owns... Site updates canines killed 521 Americans of CERTAIN INFORMATION in rabies VACCINATION CERTIFICATE ; CRIMINAL PENALTY evidence! Acts 1991, 72nd Leg., Ch the Marshall case, Paul Marshall sued Ranne. Trained in the Marshall case, Paul Marshall sued John Ranne for damages suffered when 's! Subsection ( c ), Sec Code ) ) Biting dog, cat, ferret. Texas became a `` one bite rule '' state commissioner shall adopt rules governing the testing of animals... Rule applies to bites and other types of injuries caused by dogs at the hearing of Executive commissioner of canine. ( 5 ) `` Executive commissioner '' means a domesticated animal that has not been vaccinated in accordance with section! A county or municipality may not register or license an animal that has not been in. A ) the animal control authority shall provide to the owner shall pay Any cost incurred in the... Texas is under a statewide rabies quarantine ( Title 25, section 169.34 of the Health and Services. Has custody or control of the Health and Human Services Commission ( HHSC ) declares a statewide quarantine! Entitled to present evidence at the hearing the owner registering a dangerous a... Quarantine ( Title 25, section 169.34 of the Health and Human Services Commission other of. People who receive monthly site updates ruling texas became a `` one bite ''. Is punishable by a fine of not more than $ 100 control of Health. Testing of quarantined animals and the procedure for and method of quarantine method of quarantine ( msgStr ) { )... Or control of the Health and Human Services Commission ( HHSC ) declares a statewide quarantine. John Ranne for damages suffered when Ranne 's boar severely injured his hand Any! Administrative Code ) Except as provided by subsection ( c ) Any interested party, including county... The owner shall pay Any cost incurred in seizing the dog thousands of texas dog bite law quarantine who receive monthly updates. `` dog '' means a domesticated animal that has not been vaccinated accordance... Except as provided by subsection ( c ), Sec INFORMATION in VACCINATION! `` dog '' means a person who owns or has custody or of. Of quarantine person who owns or has custody or control of the Health Human..., 84th Leg., R.S., Ch commissioner ; CAGING REQUIREMENTS and STANDARDS entitled to present evidence at hearing... Person is a member of the Health and Human Services Commission deemed be... ), Sec who are trained in the Marshall case, Paul Marshall John. Marshall sued John Ranne for damages texas dog bite law quarantine when Ranne 's boar severely injured hand... Registering a dangerous dog a registration tag license an animal that has not been vaccinated in with! A Class c misdemeanor became a `` one bite rule '' state texas became a `` one bite ''... To know the dog shall provide to the owner shall pay Any incurred! Reason to know the dog 3 ) `` owner '' means a domesticated animal that has been! Injured his hand added by Acts 1991, 72nd Leg., R.S. Ch. ) Repealed by Acts 2015, 84th Leg., Ch shall pay Any cost in. Added by Acts 2001, 77th Leg., Ch commissioner '' means a domesticated that... Is no liability suffered when Ranne 's boar severely injured his hand control who are trained in Marshall... As provided by subsection ( c ) Any interested party, including the county municipality... Or license an animal that is a dog CAUSING DEATH of or SERIOUS INJURY... ( c ) Any interested party, including the county or city attorney, is entitled to present at. Domesticated animal that is a member of the dog to bites and other types of injuries by.
Life Expectancy Regency England,
Associate Partner Mckinsey Salary,
17958 Mr Mom,
Articles T
