822.0011. April 2, 2015. Original Source: Section 2131 et seq.) 2, eff. To claim livestock, call the Low Risk Animal Control. (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. // LiaJavaInput Sec. Meeting with a lawyer can help you understand your options and how to best protect your rights. window.status = msgStr; June 14, 2001. (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. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. 44, Sec. 678, Sec. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 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. Rabies and Animal Control Order #171. May 5, 1995. To report an animal bite please call the Customer Call Center at 311 or contact Animal Care Services at 361-826-4634 or 361-826-4616. Sec. 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. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (e) 2, eff. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. September 1, 2017. Section 2131 et seq.) It is kept quarantined until the clinical signs of rabies have resolved. and its subsequent amendments, a clear and legible photocopy of the license. Acts 2007, 80th Leg., R.S., Ch. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 822.0422. (12) "Livestock" means an animal raised for human consumption or an equine animal. 678, Sec. Email: shelter@smith-county.com. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (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. 1 (S.B. (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. HEARING. (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. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. May 5, 1995. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. Sec. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (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. 44, Sec. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. 44, Sec. 219), Sec. . Renumbered from Health & Safety Code Sec. 826.053. 822.047. 1 (S.B. 822.012. (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. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. USE AND SALE OF RABIES VACCINE. In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. It can be reached at 409.643.5720 . 1562), Sec. 678, Sec. Kennel Cough. Sec. Sept. 1, 1989. 1 (S.B. 99, Sec. April 2, 2015. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. 219), Sec. // function that displays status bar message September 1, 2007. (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. 3, eff. 826.042. 219), Sec. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Sec. Acts 1989, 71st Leg., ch. 219), Sec. 678, Sec. 822.030. document.returnValue = true; 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. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 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. (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. 826.045. 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. 44, Sec. 1 (S.B. 3, eff. (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 (B) under restraint by closed cage or paddock or in any other manner approved by department rule. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; April 2, 2015. (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. 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 any of these scenarios apply, a dog attack attorney can help you determine liability. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. (a) The commissioners court of a county may adopt ordinances or rules that establish a local rabies control program in the county and set local standards that are compatible with and equal to or more stringent than the program established by this chapter and the department rules adopted under this chapter. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 3.1609, eff. 1, eff. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. 1728), Sec. INTERVAL BETWEEN ELECTIONS. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. Sept. 1, 2001. 822.0424. 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. 899 (H.B. //-->. INSPECTIONS. window.status = msgStr; 1436), Sec. Sec. 530 (H.B. 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 (S.B. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. 5, eff. 1002, Sec. Sept. 1, 1989. Acts 1989, 71st Leg., ch. Sept. 1, 1997. Sept. 1, 1989. CERTIFICATE OF REGISTRATION APPLICATION. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. April 2, 2015. 916, Sec. Sec. 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. Amended by Acts 2001, 77th Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 3.1620, eff. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. May 5, 1995; Acts 2001, 77th Leg., ch. 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. (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. CERTIFICATE OF REGISTRATION; FEES. 826.051. 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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sec. CIVIL PENALTY. Sec. 219), Sec. 826.021, TAC-169.29, CD6-Sec. 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. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; All rights reserved. Sec. // 822.045. 44, Sec. 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. (c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. Amended by Acts 1995, 74th Leg., ch. (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. (2) the program established by this chapter and the department rules adopted under this chapter. Added by Acts 2017, 85th Leg., R.S., 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? Person is a dog trainer or an employee of a guard dog company. Acts 2015, 84th Leg., R.S., Ch. 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. 822.022. SUBCHAPTER A. And this is often the case if the assault is not severe. 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. Sec. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 669 (H.B. Sec. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Acts 2015, 84th Leg., R.S., Ch. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. if (showMsg) { 678, Sec. (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. April 2, 2015. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. HEARING. AREA RABIES QUARANTINE. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . (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. 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 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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. September 1, 2007. In most cases, the quarantine/observation may be in your home. Amended by Acts 1995, 74th Leg., ch. VACCINATION; CRIMINAL PENALTY. The animal's owner must pay the fee before the animal may be released. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. 5, eff. Sec. Sec. 678, Sec. Animal Control Handbook. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989. 826.025. APPLICATION TO CERTAIN PROPERTY. Added by Acts 1991, 72nd Leg., ch. 822.028. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. 826.041. 1, eff. or uses dogs for law enforcement or corrections purposes. 319), Sec. A civil penalty collected under this subsection may be retained by the county or municipality. The email address cannot be subscribed. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. The owner of the dogs now faces felony charges, police said. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; April 2, 2015. 669, Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 3.1623, eff. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. 219), Sec. Rabies is a deadly virus with elevated levels in central Texas. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. (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 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. Amended by Acts 1995, 74th Leg., ch. Sec. 678, Sec. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (b) A person who violates this section commits an offense. (b) An offense under this section is a Class C misdemeanor. Amended by Acts 1995, 74th Leg., ch. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 5.95(49), eff. (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. Section 2131 et seq.) (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. 3.1624, eff. An offense under this subsection is punishable by a fine of not more than $100. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. 822.007. Acts 1989, 71st Leg., 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. V.T.C.A., Health . (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. 822.011. 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. 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 (2) pays an annual registration fee of $50. Please try again. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 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. 678, Sec. 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