(a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. Sec. (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. 678, Sec. The governing body of the municipality or county may prescribe the amount of the fees. 826.041. (12) "Livestock" means an animal raised for human consumption or an equine animal. Amended by Acts 1995, 74th Leg., ch. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. (a) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, shall report the incident or animal to the local rabies control authority of the county or municipality in which the person lives, in which the animal is located, or in which the exposure occurs. Sept. 1, 1997. DOGS OR COYOTES THAT ATTACK ANIMALS. (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. 678, Sec. 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? (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 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. An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with: (1) the minimum standards adopted by the executive commissioner for those facilities; and. 822.023. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 822.042. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. In this subchapter: (1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. Amended by Acts 1999, 76th Leg., ch. 1, eff. 822.004 and amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. window.status = msgStr; (e) Sec. 1235 (H.B. (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. (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. April 2, 2015. 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. Sec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (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. 822.002. Penal Code 398 (2022).) (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. Added by Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2015, 84th Leg., R.S., Ch. The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. Sept. 1, 1989. 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 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. 2, 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. Sec. CRIMINAL PENALTY. REGISTRATION. Amended by Acts 1997, 75th Leg., ch. This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes . Sec. 1426), Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 1355), Sec. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). (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. (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. 219), Sec. 678, Sec. 1, eff. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. 14, eff. It is kept quarantined until the clinical signs of rabies have resolved. To report an animal bite of any kind, please call 311. Sec. (5) any other information the animal registration agency may require. With this ruling Texas became a "one bite rule" state. and its subsequent amendments or the regulations adopted under that Act. (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. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. SAN ANTONIO, Texas-- Posted Silvia Paola Hernandez, 36, to Facebook on February 24, 2023, with video clips of the fatal mauling of Ramon Najera, 81, and the frantic attempts of firefighters and a neighbor to save him: "This just happened @ 2810 Depla off of Cupples in San Antonio Texas.". 219), Sec. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. function dmim(msgStr) { 1, eff. (b) An offense under this section is a Class C misdemeanor. ATTACK BY DOG. The email address cannot be subscribed. (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. 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. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. Sec. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (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. 822.029. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. 1, eff. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. Sec. Sec. (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. DETERMINATION THAT DOG IS DANGEROUS. function dm(msgStr) { During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. Sec. 44, Sec. 3.1621, eff. Amended by Acts 1997, 75th Leg., ch. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. 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. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. 96, Sec. Sept. 1, 2001. 822.035. SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. (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. 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. Sept. 1, 1989. 3.1609, eff. Sept. 1, 2003. (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. //-->. DEFINITIONS. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. 826.0311. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 1, eff. 5, eff. (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. Sept. 1, 1997. Sept. 1, 1997. 822.022. 3, eff. 219), Sec. 219), Sec. 826.051. 2, eff. 219), Sec. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). Added by Acts 2017, 85th Leg., R.S., Ch. The agency said the dog was euthanized following a 10-day bite quarantine and that the decision was made prior to a planned rally outside of the HRA in Northwest D.C. Last week, 7News reported that several other rescues had offered to take Marley. Sept. 1, 1989. 1 (S.B. (10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. HEARING. 1, eff. (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. 826.011. Sec. The veterinarian or local rabies control authority may bring suit to collect those costs. Acts 1989, 71st Leg., ch. Sept. 1, 1989. Acts 1989, 71st Leg., ch. 2, eff. May 5, 1995. 678, Sec. 916, Sec. (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. 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