In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 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. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Sec. Acts 2015, 84th Leg., R.S., Ch. Investigate animal bites on humans and other animals and assure the proper quarantine of these animals . September 1, 2017. Texas appellate courts have recently upheld Texas' dog bite law, also known as Lillian's Law. (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 requiring the registration of each dog and cat within the jurisdiction of the municipality or county. 1 (S.B. 99, Sec. (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. (c) If the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. 530 (H.B. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. Added by Acts 1991, 72nd Leg., ch. (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. 530 (H.B. 826.016. 822.031. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (f) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are participating in an organized search and rescue effort at the request of law enforcement. 2, eff. 319), Sec. 822.002. (1) the name and address of the victim and of the animal's owner, if known; and. 1, eff. REGISTRATION FEE. 3.1639(119), eff. 44, Sec. (8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states. 1, eff. 1355), Sec. (2) reimburse the owner of any sheep, goats, calves, or other domestic animals or fowls killed in the county by a dog not owned by the person seeking reimbursement. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. (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. } 678, Sec. 1, eff. Sept. 1, 1989. 826.014. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. Sec. 2, eff. 14, eff. 99, Sec. (b) Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. 669 (H.B. Sept. 1, 1989. (2) the animal is required to be restrained under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. Sept. 1, 1989. (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. (a) Declaration. 3, eff. 822.0011. September 1, 2007. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; If the owner didn't know the dog was dangerous, they may be liable for the percentage they are deemed at fault. 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 . 822.114. 1 (S.B. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. Rabies and Animal Control Order #171. September 1, 2021. Sec. 44, Sec. 9, eff. PROVISION OF VACCINE AND SERUM. 2, eff. 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. complaints in the courts of jurisdiction; Investigate, document and brief animal services manager on potential dangerous dog declarations; The City of Texas City maintains its own animal control dispatch. DEFENSES. EXPOSURE REPORT Use this side when PERSONS or DOMESTIC ANIMALS are potentially exposed to rabies by a BAT, COYOTE,FOX, RACCOON or SKUNK. Texas is under a statewide rabies quarantine ( Title 25, Section 169.34 of the Texas Administrative Code ). Added by Acts 2001, 77th Leg., ch. There are further considerations following an attack. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. (a) This section applies to a veterinarian who: (1) is employed by a county or municipality; and. 822.044. 3, eff. } (a) Information that is contained in a municipal or county registry of dogs and cats under Section 826.031 that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is confidential and not subject to disclosure under Chapter 552, Government Code. Acts 2007, 80th Leg., R.S., Ch. 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. September 1, 2017. Acts 1989, 71st Leg., ch. 916, Sec. (b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in this state unless the person is: (1) licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine; or. April 2, 2015. Acts 1989, 71st Leg., ch. (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. | More You will need the following information: Identity of the person bitten by the animal; Contact information for the victim; Name, address, phone number (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. 3.1615, eff. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. (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. (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. According to the State Health and Safety Code (Chapter 8-26), every animal bite must be reported to authorities. SUBCHAPTER A. QUARANTINE; CRIMINAL PENALTY. 3.1608, eff. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. September 1, 2017. (b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. 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. 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. //-->. SUBCHAPTER B. 826.021. COUNTIES MAY ADOPT ORDINANCES AND RULES. 3.1609, eff. Ramon Najera, an 81-year-old . Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1989. function di(id,name){ May 5, 1995. 1 (S.B. 1, eff. April 2, 2015. 219), 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. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. 826.051. (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. // (d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Acts 1989, 71st Leg., ch. 1436), Sec. (b) A dog or cat may not be subject to dual registration. 678, Sec. No anti-rabies prophylaxis is needed. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 826.023. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 7, eff; May 5, 1995. Sec. Sec. Typically, you must make your dog, cat, or ferret available for quarantine and observation for 10 days after the bite, even if it has been vaccinated. A compliance dismissal allows the animal owner to submit the proof of compliance directly to the court and bypass going in front of the judge. (b) A dog brought into a county for not more than 10 days for breeding purposes, trial, or show is not required to be registered. Amended by Acts 1995, 74th Leg., ch. (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. April 2, 2015. 678, Sec. OFFENSE AND PENALTY. (g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 822.041(2)(A) or (B); (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under Section 822.0423; or. Sec. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. Sec. Dogs, Cats and Ferrets that Bite People: Q&A and Recommendations . The Texas Department of State Health Services (DSHS) is responsible for inspecting rabies quarantine facilities in Texas to see if they meet the standards for housing and sanitation established in Texas Administrative Code, Chapter 169, Rabies Control and Eradication (rules of the Rabies Control Act, Chapter 826, Texas Health and Safety Code). Amended by Acts 1995, 74th Leg., ch. REGISTRATION; CRIMINAL PENALTY. Sept. 1, 1989. 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. Sec. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and. (a) A person commits an offense if: (1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. CRIMINAL PENALTY. Sec. Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 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. April 2, 2015. DEFENSE. 3.1602, eff. 99, Sec. Sec. (b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. 1331 (S.B. } (c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing. May 5, 1995. (a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing. (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 . Sec. LIMITATION ON LIABILITY. 826.052. 1, eff. 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. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. 822.111. Contact us. 1426), Sec. 8, eff. Vaccines are meant to prevent illness and disease in your dog, but the effects aren't permanent. Amended by Acts 1995, 74th Leg., ch. You can be held civilly or criminally liable. DISPOSITION OF FEE. 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. 1. (4) Repealed by Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. (4) "Secure enclosure" means a fenced area or structure that is: (B) capable of preventing the entry of the general public, including children; (C) capable of preventing the escape or release of a dog; (D) clearly marked as containing a dangerous dog; and. Sept. 1, 1991. (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. 44, Sec. Criminal negligence or previously determined dangerous dog (Texas H&S 822.05): Attack by a dog determined to be dangerous (Texas H&S 822.044): Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. (e) If the ownership of a dog is transferred, the dog's registration certificate shall be transferred to the new owner. 1355), Sec. Remember, state dog bite laws are a combination of local and state laws and are subject to change. Sept. 1, 1995. In most cases, the quarantine/observation may be in your home. if (showMsg) { September 1, 2007. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. 3.1639(119), eff. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. HEARING. The information contained in the certificate or record may not include the social security number or the driver's license number of the owner of the vaccinated 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. LOCAL RABIES CONTROL PROGRAMS. Amended by Acts 1997, 75th Leg., ch. 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