Acts 2015, 84th Leg., R.S., Ch. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. 3.1602, eff. (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. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 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 1 (S.B. 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. Sec. The dog that bit a person must be quarantined and observed for a minimum of 10 days to assess if the dog has the rabies virus. 1355), Sec. Sec. 678, Sec. DEFINITIONS. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Sept. 1, 1989. Sept. 1, 1997. (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. Sec. 1, eff. Acts 1989, 71st Leg., ch. (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. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 1355), 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. Sec. 1355), Sec. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. " Dangerous Dog " is a legal designation defined by the State of Texas and applied to dogs who have been determined by a court to be a danger to people. The 81-year-old man and 74-year-old woman who were visiting friends in the area were attacked by two dogs from a neighboring property after exiting their vehicle, according to the San Antonio Police Department. 822.035. 1 (S.B. 826.034. (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. 826.012. Sec. Acts 2007, 80th Leg., R.S., Ch. Firms, Animal Attack and Dog Bite Claim Resources. 822.022. OFFENSE AND PENALTY. (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. (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. Sec. (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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. DEFENSES. The email address cannot be subscribed. September 1, 2007. 992 (H.B. Sec. 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 . 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. 678, Sec. Sept. 1, 1991. 826.018. 826.054. Sec. Sec. 916, Sec. Search, Browse Law SHORT TITLE. May 5, 1995; Acts 2001, 77th Leg., ch. 1728), Sec. (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. 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. 3, eff. 1, eff. (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. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. Sept. 1, 1989. 219), Sec. 219), Sec. The governing body of the municipality or county may prescribe the amount of the fees. Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. In most cases, the quarantine/observation may be in your home. 1, eff. function di(id,name){ Rabies virus can be excreted in the saliva of infected dogs, cats, and ferrets during illness and/or for a few days before illness or death. Sec. Acts 2007, 80th Leg., R.S., Ch. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 1 (S.B. (c) The local rabies control authority shall investigate a report filed under this section. 822.003. September 1, 2007. LOCAL REGULATION OF DOGS. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. September 1, 2015. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. 1002, Sec. SUBCHAPTER B. 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 In this chapter: (1) "Animal" means a warm-blooded animal. 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. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority. 219), Sec. 976 (S.B. 219), Sec. 5, eff. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. (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. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. September 1, 2017. 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). 96, Sec. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that: (1) protects and enhances the public's health and safety; (3) provides a safe, healthy, and humane environment for the animal. Acts 1989, 71st Leg., ch. 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. Sec. And this is often the case if the assault is not severe. 826.033. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. 219), Sec. 3.1639(121), eff. 822.113. Added by Acts 2015, 84th Leg., R.S., Ch. 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. COUNTIES MAY ADOPT ORDINANCES AND RULES. 1002, Sec. REGISTRATION FEE. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. Sept. 1, 1997. Rabies is a deadly virus with elevated levels in central Texas. EFFECT OF SUBCHAPTER ON OTHER LAW. 219), Sec. (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. 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. Acts 2015, 84th Leg., R.S., Ch. (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. 1069, Sec. (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. Acts 1989, 71st Leg., ch. May 5, 1995. 1, eff. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. 2, eff. . Sept. 1, 1989. 1, eff. Sept. 1, 2001. 678, Sec. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. Sec. 826.046. Sec. 822.023. (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. DEFENSE. 3.1598, eff. window.status = msgStr; (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. (a) A person commits an offense if: (1) the person fails or refuses to restrain a dog or cat owned by the person; and. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. increasing citizen access. May 5, 1995. 678, Sec. 826.017. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with department rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. 822.111. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Acts 2015, 84th Leg., R.S., Ch. 3.1620, eff. 1, eff. The violent attack occurred just before 2:00 pm in the 2800 block of Depla Street. May 5, 1995. States that do not have a strict liability statute when it comes to dog attacks usually . 1, eff. Through social (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. 826.011. Sec. SUITS TO ENJOIN OPERATION OF QUARANTINE OR IMPOUNDMENT FACILITY. 1, Sec. This is the main section that was updated in the latest revision of Order 171. (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. Sec. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Added by Acts 2017, 85th Leg., R.S., Ch. San . This means the owner can be held strictly liable for any damages caused by an animal known to be dangerous (or which could be dangerous).
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