(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. (T) any hybrid of an animal listed in this subdivision. 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. Sept. 1, 1989. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. April 2, 2015. 1, eff. did notbite a human, the law mandates quarantine. May 5, 1995. Amended by Acts 2001, 77th Leg., ch. (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. (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. April 2, 2015. 1, eff. 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. (e-1) Notwithstanding any other law or local regulation: (1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority. Acts 1989, 71st Leg., ch. 822.0423. (b) An offense under this section is a Class C misdemeanor. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. // 822.101. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Amended by Acts 1995, 74th Leg., ch. Sec. function dm(msgStr) { Sec. April 2, 2015. 678, Sec. 1740), Sec. REGISTRATION. 3.1616, eff. 1, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. 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. Added by Acts 2007, 80th Leg., R.S., Ch. 219), Sec. (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. 822.112. (b) The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 1 (S.B. CIVIL PENALTY. 7, eff. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT FACILITIES. (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. 219), Sec. If any of these scenarios apply, a dog attack attorney can help you determine liability. 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. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Sept. 1, 2003. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. Amended by Acts 1995, 74th Leg., ch. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. While Texas lacks statutes for civil liability for dog attacks (or attacks by other animals), it does have criminal statutes. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. and its subsequent amendments. document.returnValue = false; 219), Sec. 1 (S.B. (a) The commissioners court of a county shall furnish the county treasurer the necessary dog identification tags. (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. (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. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. 1, eff. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. (a) The department may provide vaccine and hyperimmune serum in accordance with department policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies. 1, eff. 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. 669 (H.B. (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. 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. (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. 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. May 5, 1995. SHORT TITLE. Remember, state dog bite laws are a combination of local and state laws and are subject to change. Section 826.042 Quarantine of Animals, (5) any other information the animal registration agency may require. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 219), Sec. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. (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. Therefore, it is illegal to transport the following species from, to, or within the State of Texas: foxes, coyotes, skunks, or raccoons indigenous to North America. According to city ordinance, when a dog or other animal bites a human and breaks the skin, both the bite victim and the animal owner must contact Garland Animal Services. Statewide Quarantine. (3) any other person authorized to take possession of the dog. REGISTRATION FEE. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (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. APPLICATION TO CERTAIN PROPERTY. 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. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. 826.047. April 2, 2015. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. Before Friday's carnage, ACS officials were aware of only two previous dog bite incidents involving Moreno's dogs. 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. 822.0011. LOCAL REGULATION OF DOGS. 530 (H.B. 1, eff. 96, Sec. DEFINITIONS. 826.025. 8, eff. //-->. 1, eff. 822.002 and amended by Acts 1997, 75th Leg., ch. 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 (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. (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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. 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 Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 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. 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. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 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