826.046. (a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. In most cases, the quarantine/observation may be in your home. 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. REGISTRATION. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 219), Sec. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 3.1616, eff. 669 (H.B. 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. September 1, 2007. 678, Sec. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 826.014. |. 1002, Sec. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. CIVIL PENALTY. 219), Sec. (3) any other person authorized to take possession of the dog. 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? Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. April 2, 2015. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . April 2, 2015. Added by Acts 1991, 72nd Leg., ch. Acts 1989, 71st Leg., ch. Penal Code 398 (2022).) (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. If there is no English language newspaper of general circulation in the county, the notice shall be posted at the courthouse door for at least one week before the election. (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. April 2, 2015. Section 2131 et seq.) 669 (H.B. (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. QUARANTINE; CRIMINAL PENALTY. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 1 (S.B. Please make sure your pets are vaccinated against this terrible disease. Sec. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. (d) It is a defense to prosecution under Section 822.005(a) that the person is a person with a disability and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability. Added by Acts 1995, 74th Leg., ch. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. 99, 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. Sept. 1, 1999. 1, eff. (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. (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. increasing citizen access. (2) the program established by this chapter and the department rules adopted under this chapter. 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. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Sec. Health officials or a vet will monitor the animal for signs of 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. Sept. 1, 1989. 44, Sec. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. 992 (H.B. 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. Sept. 1, 1989. 1 (S.B. If the victim is deemed to be more than 50% at fault, there is no liability. 1 (S.B. (2) are more stringent than restrictions provided by this subchapter. Sec. 219), Sec. Sec. Sec. In this chapter: (1) "Animal" means a warm-blooded animal. 822.103. 5, eff. 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. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . } 9, eff. (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. Dog Quarantine After Bite. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. 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. 822.104. DEFINITIONS. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Sec. 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. The law . (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. 678, Sec. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. The animal's owner must pay the fee before the animal may be released. 1, eff. 7, eff; May 5, 1995. SUBCHAPTER B. (a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by: (2) ordinances or rules adopted under this chapter by a county or municipality. 1 (S.B. 916, Sec. 822.022. 3.1620, eff. 99, Sec. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1, eff. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. 1 (S.B. 822.046. (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. May 5, 1995. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. Sec. (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. . 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. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. Sec. By Cuteness Team. April 2, 2015. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 826.0211. April 2, 2015. (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. 11, eff. (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. Acts 1989, 71st Leg., ch. Sec. This includes animals that already have their rabies shots. September 1, 2017. (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. 826.021, TAC-169.29, CD6-Sec. window.status = msgStr; 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. If the domestic animal is showing clinical signs consistent with rabies . 219), Sec. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. (a) Declaration. April 2, 2015. Acts 1989, 71st Leg., ch. 2. Sec. 219), Sec. April 2, 2015. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Sept. 1, 1989. 822.006. 826.001. Statewide Quarantine. 1436), Sec. 822.041. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Section 2131 et seq.) May 5, 1995. 822.0424. No anti-rabies prophylaxis is needed. 1 (S.B. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. May 5, 1995. 2, eff. 219), Sec. 826.018. 916, Sec. Amended by Acts 1997, 75th Leg., ch. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. (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. MINIMUM STANDARDS FOR RABIES CONTROL. 826.015. for rabies. 1. (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. 822.111. Acts 2007, 80th Leg., R.S., Ch. One Bite Rule If any of these scenarios apply, a dog attack attorney can help you determine liability. (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. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. May 5, 1995. 1, eff. Acts 2015, 84th Leg., R.S., Ch. NOTICE. V.T.C.A., Health . 54, Sec. 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. September 1, 2007. 826.032. 826.025. To report an animal bite of any kind, please call 311. 219), Sec. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. (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. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. April 2, 2015. Added by Acts 1999, 76th Leg., ch. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. 822.0011. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. September 1, 2007. Acts 1989, 71st Leg., ch. Sept. 1, 1997. 826.022. Acts 2015, 84th Leg., R.S., Ch. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. (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. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. 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