BALLOT PROPOSITION. 1 (S.B. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 1436), Sec. Biting animal to be confined; veterinarian to report. 822.103. September 1, 2021. May 5, 1995; Acts 2001, 77th Leg., ch. 44, Sec. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. Acts 2015, 84th Leg., R.S., Ch. 669, Sec. 1 (S.B. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. 54, Sec. 1, eff. Under certain conditions . 1, eff. 1, eff. Renumbered from Health & Safety Code Sec. (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. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Report an Animal Bite. (c) Among other duties, the local rabies control authority shall enforce: (1) this chapter and the department rules that comprise the minimum standards for rabies control; (2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and. (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. 1, eff. 44, Sec. Added by Acts 1995, 74th Leg., ch. 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. 1, eff. (b) Registration is valid for one year from the date of registration. Sec. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . (c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense. 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. 678, Sec. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. (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. An offense under this subsection is punishable by a fine of not more than $100. A few days later, the shelter reported that they had received positive test results. 826.021. 99, 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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. With this ruling Texas became a "one bite rule" state. Renumbered from Health & Safety Code Sec. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. 976 (S.B. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. September 1, 2007. 1355), Sec. Sec. 536 (S.B. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. (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. RELOCATION OR DISPOSITION OF ANIMAL. DISPLAY OF CERTIFICATE OF REGISTRATION. The San Antonio attack was the first of two pit . (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. (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. Sec. function di(id,name){ Sec. 3.1619, eff. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. 2. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. 1069, Sec. (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. CERTIFICATE OF REGISTRATION; FEES. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. Kennel Cough. Sept. 1, 1989. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. The typical strict liability dog bite statute says that a dog owner is liable if his or her dog bites someone, regardless of whether the owner did anything wrong, as long as the injured person: was not trespassing or otherwise breaking the law at the time of the incident, and did not provoke the dog. 3, eff. (a) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position. (a) If a majority of those voting at the election vote in favor of the measure, the requirement that dogs be registered takes effect in the county on the 10th day after the date on which the result of the election is declared. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 678, Sec. 1, eff. REPORTS OF RABIES. 1, eff. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. //-->. 6, eff. 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. (3) any other person authorized to take possession of the dog. 826.034. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. September 1, 2015. (2) pays an annual registration fee of $50. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. An offense under this subsection is a misdemeanor punishable by: (2) confinement in the county jail for not more than 180 days; or. then by law it must be euthanized and tested. Acts 1989, 71st Leg., ch. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Added by Acts 2001, 77th Leg., ch. 1, eff. 1, eff. Added by Acts 1991, 72nd Leg., ch. OFFENSE AND PENALTY. (a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter. Sec. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. 7, eff; May 5, 1995. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. The contracts or agreements may provide for payment by the state for materials, equipment, and services. 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. (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. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. Sec. 7-4.1 (a) (1) Fails to vaccinate cat or dog for rabies. 3.1598, eff. 826.025. if (showMsg) { Added by Acts 2017, 85th Leg., R.S., Ch. 678, Sec. 678, Sec. Sept. 1, 1997. SUBCHAPTER A. 822.115. 219), Sec. (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. 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. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. September 1, 2017. Domestic Animals Cats, dogs and ferrets If you were bitten by a cat, dog, or ferret that appeared healthy at the time you were bitten, it can be confined by its owner for 10 days and observed. September 1, 2007. Sec. May 21, 2015. Acts 1989, 71st Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. 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. Sec. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. 219), Sec. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 3.1614, eff. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 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