Sec. Added by Acts 2007, 80th Leg., R.S., Ch. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sec. When the San Antonio Fire Department arrived, they saw an 80-year old man being dragged down the sidewalk by one of the pit bulls involved in the multi-victim attack. 822.007. Section 826.042 Quarantine of Animals, On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar. Added by Acts 2017, 85th Leg., R.S., Ch. 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. Sec. 822.004 and amended by Acts 1997, 75th Leg., ch. 219), Sec. (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. // LiaJavaInput 826.052. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. 530 (H.B. Acts 1989, 71st Leg., ch. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. April 2, 2015. CERTIFICATE OF REGISTRATION APPLICATION. 1, eff. 976 (S.B. REGISTRATION; CRIMINAL PENALTY. Acts 2015, 84th Leg., R.S., Ch. 826.033. REGISTRATION FEE. Sec. 678, Sec. Added by Acts 1989, 71st Leg., ch. 3, eff. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . 826.015. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; Added by Acts 1997, 75th Leg., ch. 219), Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. In this chapter: (1) "Animal" means a warm-blooded animal. Sec. INSPECTIONS. |. (5) any other information the animal registration agency may require. 1426), Sec. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. May 5, 1995. Sec. Search, Browse Law Acts 1989, 71st Leg., ch. This chapter may be cited as the Rabies Control Act of 1981. (c) The commissioners court shall determine the amount and time of reimbursement. 3340), Sec. (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. Sec. 7-4.2 (a) Fails to microchip cat or dog. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. September 1, 2017. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D, 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. 2, eff. (A) makes an unprovoked attack on a person that causes bodily injury and occurs 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; or. 1420, Sec. USE AND SALE OF RABIES VACCINE. (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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 916, Sec. 822.029. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. The veterinarian or local rabies control authority may bring suit to collect those costs. and its subsequent amendments, a clear and legible photocopy of the license. Sept. 1, 1989. Added by Acts 1999, 76th Leg., ch. RESTRAINT; CRIMINAL PENALTY. (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. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. A person can be said to act with criminal negligence if they should have been aware of the substantial and unjustifiable risk that resulted in the dog attack. Acts 2015, 84th Leg., R.S., Ch. 1355), Sec. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. Phone: 903-590-2840. Sec. Section 2131 et seq.) (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. 1, eff. (e) The department or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 1 (S.B. 4, eff. (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. (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. Original Source: Sept. 1, 1991. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. (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. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. Acts 2015, 84th Leg., R.S., Ch. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 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.". As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. 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. (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. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. 678, Sec. Sec. Rule 3701-3-29. Added by Acts 1991, 72nd 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. Sec. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. 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. April 2, 2015. Sept. 1, 1997. 14, eff. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. Sec. A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence. Name Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2, eff. Copyright 2023, Thomson Reuters. (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. VACCINATION; CRIMINAL PENALTY. 219), Sec. 99, Sec. Animal Control Handbook. 44, Sec. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. (1) the name and address of the victim and of the animal's owner, if known; and. 678, Sec. Fax: 903-526-0202. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. Sept. 1, 1989. (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. (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. Please try again. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Sept. 1, 2003. 822.002. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. BALLOT PROPOSITION. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Created by the Texas Association of Counties, this publication discusses the law surrounding animal shelters, animal control officers, rabies vaccinations, and the regulation of dogs generally. 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. 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). 899 (H.B. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. 1, eff. (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. (d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. 870, Sec. September 1, 2017. Sec. Dogs often bite when people reach over a fence to pet them, trespass on private property, or enter a place where "Beware of Dog" signs or posted. 530 (H.B. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 2283), Sec. 44, Sec. INJUNCTION. 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. Sept. 1, 2001. Sec. 1, eff. 686 (H.B. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. (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. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Ramon Najera, an 81-year-old . April 2, 2015. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. Oftentimes, the victim looks to sue for a dog bite. April 2, 2015. 54, Sec. Section 2131 et seq.) } September 1, 2005. September 1, 2021. September 1, 2015. With this ruling Texas became a "one bite rule" state. 822.114. Acts 2015, 84th Leg., R.S., Ch. PROVISION OF VACCINE AND SERUM. April 2, 2015. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 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