1 (S.B. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 3.1639(121), eff. In the 15-year period of 2005 through 2019, canines killed 521 Americans. Sec. Amended by Acts 1997, 75th Leg., ch. Remember, state dog bite laws are a combination of local and state laws and are subject to change. 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. Sept. 1, 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. Sept. 1, 1989. April 2, 2015. 822.101. Acts 2015, 84th Leg., R.S., Ch. (c) The local rabies control authority shall investigate a report filed under this section. (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. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 9, eff. 678, Sec. The average cost per claim decreased 1 percent in 2021 to $49,025 from $49,558 in 2020. 916, Sec. 822.026. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. 219), Sec. 76, Sec. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal. To claim livestock, call the Low Risk Animal Control. (12) "Livestock" means an animal raised for human consumption or an equine animal. 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). 899 (H.B. (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. 44, Sec. (b) A person who violates this section commits an offense. // LiaJavaInput (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. 826.025. Sec. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 2, eff. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 1 (S.B. Added by Acts 1991, 72nd Leg., ch. 1355), Sec. (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. Sec. Amended by Acts 1995, 74th Leg., 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. Firms, Animal Attack and Dog Bite Claim Resources. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1426), Sec. 1, eff. Added by Acts 1989, 71st Leg., ch. Sec. (b) A veterinarian described by Subsection (a) is not required to establish a veterinarian-client-patient relationship before administering rabies vaccine or supervising the administration of rabies vaccine. Sec. 1420, Sec. Sept. 1, 1989. 1, eff. 822.025. (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. Sec. By Cuteness Team. (2) has fastened about its neck a dog identification tag issued by the county. 1, eff. 219), Sec. 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 . GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. (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. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. Sec. April 2, 2015. 3.1620, eff. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. QUARANTINE OF ANIMALS. 870, Sec. (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. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. 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 Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. 7, eff; May 5, 1995. June 15, 2007. Sec. Sept. 1, 2003. 822.027. 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. 678, Sec. Section 2131 et seq.) 822.007. Section 2131 et seq.) 1, eff. 822.003 by Acts 1997, 75th Leg., ch. 3.1600, eff. Also, the dog's owner can sometimes choose not to have their dog put down. 3.1621, eff. if (showMsg) { (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. September 1, 2007. 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. 3.1623, eff. Meeting with a lawyer can help you understand your options and how to best protect your rights. OFFENSE AND PENALTY. 5, eff. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. (e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. The average cost per claim nationally has risen 39 percent from . DEFINITIONS. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. 54, Sec. 3.1639(121), eff. 826.012. (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. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. All rights reserved. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. 826.051. 1002, Sec. Sept. 1, 1997. 822.0011. Pit bulls contributed to 66% (346) of these deaths. 2, eff. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. 3340), Sec. April 2, 2015. 1, eff. 1, eff. NOTICE. (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. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (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. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Acts 1989, 71st Leg., ch. Sec. Acts 2005, 79th Leg., Ch. April 2, 2015. 1355), Sec. Sec. 99, Sec. 44, Sec. Section 2131 et seq.) document.returnValue = true; (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. REGISTRATION; CRIMINAL PENALTY. (a) Except as otherwise provided by department rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by department rule. 1 (S.B. The animal's owner must pay the fee before the animal may be released. 5.95(49), eff. 8, eff. Added by Acts 1991, 72nd Leg., ch. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (b) Except as restricted by department rule, the officer designated as the local rabies control authority may be the county health officer, municipal health officer, animal control officer, peace officer, or any entity that the commissioners court or governing body considers appropriate. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . (2) any other information that may help in locating the victim or animal. 3.1617, eff. The San Antonio attack was the first of two pit . (f) The owner shall pay a cost or fee assessed under Section 822.042(d). (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. 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). 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. May 5, 1995; Acts 2001, 77th Leg., ch. If your dog bites someone, whether on your property or not, you are liable.". CONTRACTS. (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. (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. 1355), Sec. Renumbered from Health & Safety Code Sec. Amended by Acts 1995, 74th Leg., ch. Acts 1989, 71st Leg., ch. 976 (S.B. And this is often the case if the assault is not severe. 678, Sec. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. (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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. (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. Aug. 28, 1995. 96, Sec. (b) Registration is valid for one year from the date of registration. (2) pays an annual registration fee of $50. (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. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. VACCINATION; CRIMINAL PENALTY. 8, eff. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. Acts 2015, 84th Leg., R.S., Ch. | More REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. Added by Acts 1999, 76th Leg., ch. (c) In accordance with department rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility. 99, Sec. 1, eff. SUBCHAPTER B. 3.1611, eff. Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. This includes animals that already have their rabies shots. Sec. Acts 1989, 71st Leg., ch. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. (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. 678, Sec. May 5, 1995. Sept. 1, 1989. 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. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. 52 (H.B. 822.045. 1331 (S.B. 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. 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) It shall be unlawful for any person owning or having in his possession any dog to allow such dog to be at large without the owner or person in charge thereof having direct physical control over such dog. } 3.1608, eff. increasing citizen access. EFFECT OF SUBCHAPTER ON OTHER LAW. 826.0211. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 4, eff. 1, eff. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. Email: shelter@smith-county.com. (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. (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. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. Your dog must receive boosters on a regular schedule to remain protected. 44, Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. His wife was also attacked by the dogs and remains in critical condition at University Hospital. window.status = msgStr; The dog bite attorney's overall role is to assist the victim who has sustained the dog bite before and during the legal proceedings of the dog bite case. Amended by Acts 1995, 74th Leg., ch. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. (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. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. 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. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 3.1610, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. 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. (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. 822.012. April 2, 2015. 99, Sec. 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. Acts 2015, 84th Leg., R.S., Ch. This chapter may be cited as the Rabies Control Act of 1981. then by law it must be euthanized and tested. } (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. The contracts or agreements may provide for payment by the state for materials, equipment, and services. Acts 2015, 84th Leg., R.S., Ch. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. entrepreneurship, were lowering the cost of legal services and (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. HEARING. Amended by Acts 1997, 75th Leg., ch. September 1, 2017. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. Acts 2017, 85th Leg., R.S., Ch. (5) "Department" means the Department of State Health Services. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. Does the Type of Animal Affect a Bite Injury Case? 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