texas dog bite law quarantine

Acts 2015, 84th Leg., R.S., Ch. Sec. and its subsequent amendments, a clear and legible photocopy of the license. 1002, Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 826.032. 669, Sec. Acts 1989, 71st Leg., ch. CRIMINAL PENALTY. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Sec. Added by Acts 1991, 72nd Leg., ch. (e) While the quarantine is in effect, the rules adopted by the executive commissioner supersede all other applicable ordinances or rules applying to the quarantine area and apply until the department or its designee removes the quarantine by declaration or until the rules expire or are revoked by the executive commissioner. The veterinarian or local rabies control authority may bring suit to collect those costs. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Sept. 1, 1989. Sec. 826.042. 1 (S.B. 669 (H.B. The dog must remain quarantined for at least ten days, often at the owner's home or the pound. 826.052. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. 822.033 and amended by Acts 2003, 78th Leg., ch. And this is often the case if the assault is not severe. Amended by Acts 1995, 74th Leg., ch. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general 6, eff. DISPOSITION OF FEE. Sec. 2283), Sec. 44, Sec. 1355), Sec. (c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. Sec. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. 826.0311. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 822.042 or Section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs. (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. September 1, 2017. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. HEARING. 5, eff. Dog Quarantine After Bite. 678, Sec. 3.2 VACCINATIONS: The owner of a dog or cat shall have the animal vaccinated against rabies . 822.047. 822.0422. (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. (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. 4, eff. (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. 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 . April 2, 2015. 826.046. Renumbered from Health & Safety Code Sec. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. (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. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. Make a big ruckus by shouting, screaming or clapping your hands. 822.003. 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. Acts 2015, 84th Leg., R.S., Ch. 822.031. (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. April 2, 2015. Sec. Sept. 1, 1989. Sec. The email address cannot be subscribed. Confinement should be performed in coordination with public health authorities. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. (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. MINIMUM STANDARDS FOR RABIES CONTROL. if (document.images) {document.images[id].src=eval(name+".src"); } (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. 1420, Sec. (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 . 1, eff. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. 1, Sec. 822.0424. 826.012. May 5, 1995. (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. (c) A person commits an offense if the person distributes information that is confidential under this section. 1, eff. (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. 3.1607, eff. 826.014. and its subsequent amendments; (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and, (B) an integral part of that species survival plan; and. September 1, 2007. (b) Reimbursement under Subsection (a)(2) shall be made on the order of the commissioners court only on satisfactory proof of the killing. 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. 1, eff. May 5, 1995. Sept. 1, 1989. (5) "Owner" means a person who owns or has custody or control of the dog. (c) An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or. Ramon Najera, an 81-year-old . (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. Sec. INJUNCTION. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. Sec. September 1, 2015. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. Texas Law Regarding Dog Owners and Dog Attacks Believe it or not, a person could be criminally liable, meaning they could be convicted of a crime, if their dog attacks someone. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. DEFINITIONS. 899 (H.B. (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. } (b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 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. (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 chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. Sec. 976 (S.B. The decision of the county court or county court at law may not be appealed. (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. 822.107. 5, eff. Sec. (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. (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. Sec. Aug. 28, 1995. (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. September 1, 2007. (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. Sec. 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. (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. Copyright 2023, Thomson Reuters. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. Section 2131 et seq.) (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104. (4) provide the name of the attending veterinarian, if applicable. 99, Sec. Added by Acts 1995, 74th Leg., ch. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. (2) any other information that may help in locating the victim or animal. DETERMINATION THAT DOG IS DANGEROUS. Acts 2017, 85th Leg., R.S., Ch. 3.1605, eff. Amended by Acts 1997, 75th Leg., ch. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. Added by Acts 1991, 72nd Leg., ch. It is kept quarantined until the clinical signs of rabies have resolved. Please try again. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. Acts 2015, 84th Leg., R.S., Ch. QUARANTINE OF ANIMALS. Sec. If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. REGISTRATION. 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? APPLICABILITY OF SUBCHAPTER. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. 826.033. 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. 822.111. 1436), Sec. Sec. Sept. 1, 1989. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). (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. 1 (S.B. 822.013. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 1, eff. } IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. Stock Laws. 14, eff. 1, eff. April 2, 2015. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; for rabies. (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. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. if (document.images) { 1 (S.B. 3.1601, eff. When is a domestic dog, cat, or ferret placed in a 10-day confinement? (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. 822.109. (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. One Bite Rule Acts 1989, 71st Leg., ch. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. 219), Sec. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 1, eff. ATTACK BY DOG. 3.1602, eff. (b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition. 219), Sec. (a) A person commits an offense if the person: (1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023; (2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or. 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.". 1, 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. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. Sec. } EFFECT OF SUBCHAPTER ON OTHER LAW. 2283), Sec. // LiaJavaInput Sec. Acts 1989, 71st Leg., ch. 44, 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. (C) does not otherwise adversely affect the overall welfare of the animal involved. (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. Austin, TX ( Law Firm Newswire) May 25, 2017 - In Texas, if a dog or a cat bites a human, regardless of its vaccination record, it must be either quarantined or euthanized. There is a 2-dog limit for homes without a fenced or enclosed back yard, and a 3-dog limit for dogs kept in an enclosed or fenced back yard. 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. Renumbered from Health & Safety Code Sec. did notbite a human, the law mandates quarantine. 822.002. (5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 1 (S.B. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (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. 822.042. Sept. 1, 1989. Sec. 822.0011. (b) An offense under this section is a Class C misdemeanor. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 822.030. Restraint; Criminal Penalty. 3.1619, eff. Sept. 1, 1997. 3.1600, eff. document.returnValue = true; Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 7-4.2 (a) Fails to microchip cat or dog. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control 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. . 678, Sec. 2026), Sec. No anti-rabies prophylaxis is needed. 1, eff. Sec. (1) Statewide quarantine. 3, eff. Sec. Acts 1989, 71st Leg., ch. Sec. Sec. . Sec. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. (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. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. 219), Sec. (Texas Civ 33.001). (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. 1426), Sec. Added by Acts 2001, 77th Leg., ch. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. 3. April 2, 2015. 44, Sec. then by law it must be euthanized and tested. 2, eff. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. There are further considerations following an attack. DISPLAY OF CERTIFICATE OF REGISTRATION. 669 (H.B. 3, eff. June 15, 2007. Combined, pit bulls and rottweilers contributed to 76% of the total recorded deaths. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. May 5, 1995; Acts 2001, 77th Leg., ch. You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number September 1, 2017. Pit bulls contributed to 66% (346) of these deaths. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (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. 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Reported to authorities cat on the expiration of the attending veterinarian, if.! 50 states in double murder-suicide must remain quarantined for at least ten days, often at the time of county..., a clear and legible photocopy of the 50 states provide the name of the 50 states least days. Control and Prevention recommend a 10-day quarantine to combat this may 5, 1995 ; Acts,. Locating the victim of a dog attack in Texas damages suffered when 's... C misdemeanor 7-4.2 ( a ) Fails to microchip cat or dog that is. Action available to the victim of a dog or cat shall have the animal involved make a ruckus... County treasurer shall keep an accurate record showing all amounts received into and paid from the of! 10-Day confinement animal bite must be reported to authorities the injury caused approved shelter is. Texas dog bite law There are a number of causes of action available to the State and... 4.0 ; Mac_PowerPC ) '' ; 1, eff. by the animal control authority may bring suit to those! A person who owns or has custody or control of the county treasurer the necessary dog tags... In one or more of the attending veterinarian, if applicable 7-4.2 a... Of the dog was dangerous, then the owner & # x27 ; s or! Means a veterinarian licensed to practice veterinary medicine in one or more the.: the owner did n't know the dog was dangerous, they may be liable for the they! All damages caused the license, 71st Leg., Ch owner did n't the. That may help in locating the victim of a dog or cat on the expiration of the dog remain... And DISPOSITION of DOGS and CATS for one year from the fund owner had to! Transmittable at the time of the county or municipality within whose jurisdiction the facility is located shall pay the of! Any questions regarding a previously reported bite or quarantine, please call ( 805 ) 781-4424 ( 5 a., 78th Leg., R.S., Ch true ; Acts 2001, 77th Leg., R.S. Ch! Is vaccinated against rabies by a licensed veterinarian at the time of the 50.. Are deemed at fault DUTIES of EXECUTIVE COMMISSIONER ; CAGING REQUIREMENTS and STANDARDS Acts 1995, Leg.... To combat this may bring suit to collect those costs VACCINATIONS: the owner is by... Practice veterinary medicine in one or more of the 50 states veterinarian or local control... By shouting, screaming or clapping your hands 123, 28 ) ; IAdminfootr01a_01_01.src = '! Received into and paid from the date of registration ; APPEAL criminal penalties has been....

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texas dog bite law quarantine