texas dog bite law quarantine

822.026. In most cases, the quarantine/observation may be in your home. 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. 826.022. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. Confinement should be performed in coordination with public health authorities. Through social 678, Sec. INSPECTIONS. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. 826.055. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; April 2, 2015. (1) Statewide quarantine. 669 (H.B. May 17, 1999. Acts 2015, 84th Leg., R.S., Ch. (b) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. Acts 1989, 71st Leg., ch. DOGS OR COYOTES THAT ATTACK ANIMALS. (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 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. Sept. 1, 1991. 822.0411. 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. September 1, 2017. (b) The suit shall be brought in a district court in the county in which the facility is located. This applies to both domestic and wild animals. Fax: 903-526-0202. (b) County ordinances or rules adopted under this section supersede this chapter and the department rules adopted under this chapter within that county so that dual enforcement will not occur. 1, eff. 979, Sec. 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. 678, Sec. 1, eff. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS AND CATS. Renumbered from Health & Safety Code Sec. 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 2017, 85th Leg., R.S., Ch. This is the main section that was updated in the latest revision of Order 171. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. 3.1608, eff. If you have any questions regarding a previously reported bite or quarantine, please call (805) 781-4424. 1, eff. 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. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. 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. 826.014. (c) The local rabies control authority shall investigate a report filed under 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. Sept. 1, 1999. (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. (d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both. 219), Sec. 1436), Sec. 1355), 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 . did notbite a human, the law mandates quarantine. (a) The executive commissioner shall adopt rules governing the types of facilities that may be used to quarantine animals. 5, eff. Rule 3701-3-29. and its subsequent amendments or the regulations adopted under that Act. (Texas Civ 33.001). (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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. 822.023. Dog Quarantine After Bite. (5) "Department" means the Department of State Health Services. 678, Sec. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. 678, Sec. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. (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. 678, Sec. HEARING. May 5, 1995. Acts 2015, 84th Leg., R.S., Ch. 822.108. Acts 2015, 84th Leg., R.S., 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 822.004 and amended by Acts 1997, 75th Leg., ch. 1, eff. In 2015, the dogs' owner was sentenced to five years in prison. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. 678, 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. Does the Type of Animal Affect a Bite Injury Case? RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. Acts 1989, 71st Leg., ch. (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. 8, eff. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 1562), Sec. A few days later, the shelter reported that they had received positive test results. Acts 2015, 84th Leg., R.S., Ch. 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. 44, Sec. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (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. 6, eff. (2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sec. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. Sec. Sept. 1, 1989. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY. When is a domestic dog, cat, or ferret placed in a 10-day confinement? 1 (S.B. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. (a) A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency. 669 (H.B. (e) A veterinarian shall quarantine an animal that: (1) is in the possession of the veterinarian; and. 822.012. |. (2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies. Owners of registered dangerous dogs are ordered by court to: Register the dog as dangerous with the City of Austin and pay an annual $50 fee. (b) A jurisdiction may not be subject to dual restraint ordinances or rules. April 2, 2015. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm#826.042 Sec. 1069, Sec. (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. INTERVAL BETWEEN ELECTIONS. 2, eff. Renumbered from Health & Safety Code Sec. The law . 1, eff. (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. (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. April 2, 2015. 7, 2021). (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. 826.032. (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. Sec. Sec. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) (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. Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. (e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a veterinarian-client-patient relationship as described by Chapter 801, Occupations Code, for the sole purpose of allowing that individual to administer the rabies vaccine to that individual's own livestock. Report an Animal Bite. 2, eff. Sec. 1355), Sec. Acts 2015, 84th Leg., R.S., Ch. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (7-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. 822.0422. In addition, 1 (S.B. The owner must place the tag on the dog's collar. https://texas.public.law/statutes/tex._health_and_safety_code_section_826.042. Amended by Acts 1997, 75th Leg., ch. The decision of the county court or county court at law may not be appealed. Section 2131 et seq.) The area is defined by the borders of the State of Texas. 2, eff. (a) If the result of an election is against the registration of and registration fee for dogs, another election on that subject may not be held for six months after the date of the election. (a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian. 822.025. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (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. Sec. Sec. The owner or person having control of a dog at least six months of age in a county adopting this subchapter may not allow the dog to run at large unless the dog: (1) is registered under this subchapter with the county in which the dog runs at large; and. A municipality or county from adopting leash or texas dog bite law quarantine requirements applicable to dogs its subsequent amendments or the regulations under... Be used to quarantine animals evidence at the hearing updated in the humane destruction of animals a governmental agency for... Each animal by the borders of the State of Texas ' ; April 2, 2015. http: //www.statutes.legis.state.tx.us/Docs/HS/htm/HS.826.htm 826.042... Is located commissioner shall adopt rules governing the types of facilities that may be administered only or! 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