texas dog bite law quarantinetexas dog bite law quarantine

(a) The executive commissioner shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine. 678, Sec. The law only applies to bites on a human, not on another dog. 319), Sec. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was 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: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. (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. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. | Last updated May 10, 2019. AREA RABIES QUARANTINE. His wife was also attacked by the dogs and remains in critical condition at University Hospital. Statewide Quarantine. April 2, 2015. 5, eff. 3.1623, eff. Below you will find a list of dog bite laws in all 50 states and the District of Columbia, including state statutes, whether a state holds owners strictly liable for dog bite injuries, and any additional provisions. REPORTS OF RABIES. Sept. 1, 1989. Stock Laws. (d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. The court reviewed previous court cases involving animals and decided that Texas would hold the owner of a vicious animal strictly liable for damages. entrepreneurship, were lowering the cost of legal services and 1 (S.B. Sec. DOGS OR COYOTES THAT ATTACK ANIMALS. DEFINITIONS. (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. Sec. 99, Sec. 822.107. 678, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. 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. (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. 44, Sec. Sept. 1, 1989. May 5, 1995. increasing citizen access. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. Get started on recovering for damages for the dog bite today by having an animal and dog bite attorney in Texas review your case. Sept. 1, 1991. 1355), Sec. 7-4.2 (a) Fails to microchip cat or dog. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Acts 2015, 84th Leg., R.S., Ch. If there is insufficient money in the fund to reimburse all injured persons in full, reimbursement shall be made on a pro rata basis. 1 (S.B. Through social 822.030. 1, eff. // function that displays status bar message GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. Sept. 1, 1989. (5) any other information the animal registration agency may require. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. Sec. (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. INJUNCTION. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity. The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition: "Registration of and registration fee for dogs.". September 1, 2017. 7, 2021). 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. (c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. April 2, 2015. However, if the animal has never bitten anyone before, then the injured person must prove that it was vicious before they could recover for the injuries. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. Added by Acts 1991, 72nd Leg., ch. Spray the dogs with a garden hose.. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) any person witnessing the attack; or. 826.022. VACCINATION; CRIMINAL PENALTY. (a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies control program in the municipality and set local standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules adopted by the county in which the municipality is located; and. Created byFindLaw's team of legal writers and editors (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. 916, Sec. DEFINITIONS. Overview of Texas Dog Bite Law There are a number of causes of action available to the victim of a dog attack in Texas. Sec. 822.004 and amended by Acts 1997, 75th Leg., ch. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. Sec. Added by Acts 1989, 71st Leg., ch. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal. 826.011. (2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (b) Registration is valid for one year from the date of registration. (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. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (g) A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section. 822.028. (B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. 44, Sec. Rabies infects humans and animals most commonly by a bite from an infected animal, but occasionally by other forms of contact with the virus such as a scratch. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. Biting animal to be confined; veterinarian to report. 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. 822.103. window.status = msgStr; Remember, state dog bite laws are a combination of local and state laws and are subject to change. 1728), Sec. 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. 76, Sec. Rabies is a deadly virus with elevated levels in central Texas. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. 1 (S.B. Meeting with a lawyer can help you understand your options and how to best protect your rights. Section 2131 et seq.) The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. (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. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS. . If your dog bites someone, whether on your property or not, you are liable.". (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. Sec. 678, Sec. (2) "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. INTERVAL BETWEEN ELECTIONS. DISPLAY OF CERTIFICATE OF REGISTRATION. 1, eff. Section 2131 et seq.) (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. 219), Sec. 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. (d) The quarantine remains in effect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the department or its designee to declare a quarantine, unless the department or its designee, by declaration, removes the quarantine before that date. Acts 1989, 71st Leg., ch. Section 42.092 of the Texas Penal Code. 219), Sec. Amended by Acts 1995, 74th Leg., ch. (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. or uses dogs for law enforcement or corrections purposes. 822.021. and . QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. 1 (S.B. 1 (S.B. 3.1620, eff. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. (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. The log must: (3) describe the type or nature of treatment; and. 822.0421. NOTICE. 3.1614, eff. (a) At the request of the commissioner, the attorney general may bring suit in the name of the state to enjoin the operation of a quarantine or impoundment facility that fails to meet the minimum standards established by this chapter and department rules. (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. 3.1613, eff. 822.024. 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. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. 822.033 and amended by Acts 2003, 78th Leg., ch. if (document.images) { Sec. This applies to both domestic and wild animals. April 2, 2015. (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. 1, eff. 1 (S.B. 219), Sec. 822.113. A dog owner could be liable in a civil lawsuit for a bite or another kind of injury caused by the animal if one (or more) of the following is true: A dog-bite statute applies. if (document.images) { Added by Acts 1991, 72nd Leg., ch. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. 822.006. 1436), Sec. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. APPLICABILITY OF SUBCHAPTER. 826.021. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. Fax: 903-526-0202. If a dog bites or in any way attacks a person within Livingston city limits, the owner or person with custody of the dog must immediately secure the animal in quarantine for ten days, during which time inspections will be made periodically to determine whether the dog is infected with rabies. CIVIL PENALTY. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 1728), Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. 52 (H.B. With this ruling Texas became a "one bite rule" state. This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. 826.032. (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. To claim livestock, call the Low Risk Animal Control. 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. 826.001. APPEAL. Acts 2015, 84th Leg., R.S., Ch. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. 219), Sec. Acts 1989, 71st Leg., ch. 826.021, TAC-169.29, CD6-Sec. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. For example, if a large dog jumps on a person, knocking them to the ground and causing a broken wrist, the injured person may bring a lawsuit against the dog's owner. (f) At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall: (1) provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine; (2) obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and. 489, Sec. States that do not have a strict liability statute when it comes to dog attacks usually . The area is defined by the borders of the State of Texas. Sept. 1, 1989. 219), Sec. 1355), Sec. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency. 826.002. Acts 2015, 84th Leg., R.S., Ch. Renumbered from Health & Safety Code Sec. 3. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 3.1601, eff. Firms, Animal Attack and Dog Bite Claim Resources. Sec. 822.0424. April 2, 2015. 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