669 (H.B. (a) The department or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter. Acts 2015, 84th Leg., R.S., Ch. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. // The java used for navigation in the Public OM page 530 (H.B. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Acts 1989, 71st Leg., ch. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. 3.1598, eff. 2. CIVIL PENALTY. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. Through social 822.021. 219), Sec. May 5, 1995. Renumbered from Health & Safety Code Sec. 7, eff; May 5, 1995. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. September 1, 2007. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. (d) A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law. Sec. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. (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. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. 2, eff. Added by Acts 2001, 77th Leg., ch. Does the Type of Animal Affect a Bite Injury Case? 219), Sec. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Sec. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. 1, eff. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. Acts 2015, 84th Leg., R.S., Ch. (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. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. Sec. The dogs' owner, Christian Alexander Moreno, 31, was arrested hours later and charged with attack by a dangerous dog causing death and injury to an elderly individual by omission or negligence . Sec. Oftentimes, the victim looks to sue for a dog bite. Sec. 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. 826.054. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. A few days later, the shelter reported that they had received positive test results. 686 (H.B. (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. AREA RABIES QUARANTINE. 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). DISPLAY OF CERTIFICATE OF REGISTRATION. 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. 678, Sec. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. DEFINITIONS. // LiaJavaInput 1355), Sec. 219), Sec. Sec. Sec. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. 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. Added by Acts 2001, 77th Leg., ch. 2. May 5, 1995. (5) "Department" means the Department of State Health Services. (a) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. 822.025. 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. Sec. The email address cannot be subscribed. (2) are more stringent than restrictions provided by this subchapter. Ramon Najera, an 81-year-old . (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. 219), Sec. 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. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. Sec. (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. LIMITATION ON LIABILITY. 822.116. LOCAL REGULATION OF DOGS. Acts 2015, 84th Leg., R.S., Ch. Sec. April 2, 2015. (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. If the domestic animal is showing clinical signs consistent with rabies . 1420, Sec. Sec. Sec. 1436), 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 executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 1 (S.B. 54, Sec. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. 3.1639(119), eff. When a person is bitten by a domestic dog (Canis lupus familiaris), cat (Felis catus) or ferret (Mustela putorius furo), N.C. General Statute 130A-196 requires that the animal be 44, Sec. 826.025. 678, Sec. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A civil penalty collected under this subsection may be retained by the county or municipality. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. 44, Sec. Original Source: 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. APPLICATION TO CERTAIN PROPERTY. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; document.returnValue = true; May 5, 1995. Sec. we provide special support 44, Sec. 826.021, TAC-169.29, CD6-Sec. 1, eff. 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. if (document.images) { The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. 1, Sec. Sec. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. A dog attack in a West San Antonio, Texas, residential neighborhood Friday afternoon has left an approximately 80-year-old man dead and a woman in critical condition, the city's fire department . (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. 826.055. (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. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. 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. 3.1607, eff. 826.034. 4, eff. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. 219), Sec. 2283), Sec. 1, eff. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. (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. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. Sec. April 2, 2015. 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. (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, 1989. 4, eff. April 2, 2015. (T) any hybrid of an animal listed in this subdivision. 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. 219), Sec. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. 13, eff. 99, Sec. (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. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 1002, Sec. Sept. 1, 2001. 1 (S.B. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Sec. This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). 1, eff. 3.1599, eff. Sept. 1, 1989. Sec. Added by Acts 1991, 72nd Leg., ch. (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. Sept. 1, 1989. September 1, 2017. 7, 2021). EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. Acts 1989, 71st Leg., ch. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial. (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. (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. 822.029. Two 17-year-old girls were among the three teenagers whose bodies were found Tuesday. Also, the dog's owner can sometimes choose not to have their dog put down. We will always provide free access to the current law. (c) A person commits an offense if the person distributes information that is confidential under this section. 822.026. September 1, 2015. Sept. 1, 1997. The law . 1 (S.B. 3.1639(121), eff. 822.003. 14, eff. In 2015, the dogs' owner was sentenced to five years in prison. In this subchapter: (1) "Dog or coyote" includes a crossbreed between a dog and a coyote. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. 219), Sec. 826.014. Sec. Section 2131 et seq.) (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. (b) The court shall give written notice of the time and place of the hearing to: (1) the owner of the dog or the person from whom the dog was seized; and. (b) Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. 822.0424. The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the executive commissioner. 826.045. (b) Registration is valid for one year from the date of registration. 2, eff. (b) Notwithstanding the definition in Section 822.001(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. Sept. 1, 2003. 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. 219), Sec. 1, eff. 3.1614, eff. (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. Sept. 1, 1989. In addition, Sec. 1, eff. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 7-4.2 (a) Fails to microchip cat or dog. April 2, 2015. 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. Sec. (c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum. Sept. 1, 1989. ATTACK BY DOG. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 219), Sec. (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. April 2, 2015. 822.004. 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. RULE 169.34. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. (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. (a) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. (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. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. Once a dog has bitten someone, and a report has been filed, California law regarding dog bites mandates that the dog be quarantined. 822.022. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. April 2, 2015. 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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. (2) the requirements for animal control officer training adopted under Chapter 829. 822.114. 822.035. (a) The owner or person having control of a dog six months of age or older in a county that has adopted this subchapter must register the dog not later than the 30th day after the date on which the proclamation is published or adopted. You can be held civilly or criminally liable. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Added by Acts 2003, 78th Leg., ch. Sec. Acts 2015, 84th Leg., R.S., Ch. 822.041. (d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. (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. 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. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. COUNTIES MAY ADOPT ORDINANCES AND RULES. (b) The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Acts 1989, 71st Leg., ch. 3.1602, eff. 822.001. 916, Sec. 1, eff. Sec. REPORTS OF RABIES. 822.103. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. 1, Sec. (4) provide the name of the attending veterinarian, if applicable. (B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. Current law block of Depla Street in Texas review your Case R.S., Ch county which! Under chapter 829 confidential under this subchapter: ( 1 ) `` Department '' means person... 5 ) `` Department '' means the Department or its designee may into! And privacy policy Type of animal Affect a bite Injury Case FindLaws newsletters including! ; IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif ' ; document.returnValue = true ; may 5,.... 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