(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. Acts 1989, 71st Leg., ch. 678, Sec. (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. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 822.006. Sec. // The java used for navigation in the Public OM page DEFINITIONS. (7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general 1, eff. The hearing must be held not later than the 10th day after the date on which the warrant is issued. (e) A veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction. 2283), Sec. USE AND SALE OF RABIES VACCINE. September 1, 2015. May 5, 1995. Added by Acts 2001, 77th Leg., ch. May 5, 1995. If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. (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. Sec. June 15, 2007. Section 2131 et seq.) The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked. 826.0311. Sec. 1, eff. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. Renumbered from Health & Safety Code Sec. (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. (a) Except as otherwise provided by department rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by department rule. (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless of its vaccination status) in quarantine as defined in the Texas Health and Safety Code, 826.002, until the end of the 10-day observation period. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. California State law requires that any domestic mammal that has bitten a person, or that has potentially been exposed to rabies through contact with a wild animal, be quarantined and observed for signs of rabies infection. 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. 3.1607, eff. 822.115. 669 (H.B. (2) are more stringent than restrictions provided by this subchapter. 678, Sec. Sec. MINIMUM STANDARDS FOR RABIES CONTROL. May 17, 1999. 822.005. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. 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. April 2, 2015. 219), Sec. Added by Acts 1989, 71st Leg., ch. (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. Sec. then by law it must be euthanized and tested. Amended by Acts 1995, 74th Leg., ch. VACCINATION; CRIMINAL PENALTY. 536 (S.B. Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. APPLICABILITY OF SUBCHAPTER. Sec. 1069, Sec. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. 1, eff. (c) The county treasurer shall assign a registration number to each dog registered with the county and shall give the owner or person having control of the dog the identification tag and a registration certificate. for non-profit, educational, and government users. 826.043. 1, eff. (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. 822.030. (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. Sept. 1, 2001. (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. 5, eff. In most cases, the quarantine/observation may be in your home. Added by Acts 2017, 85th Leg., R.S., Ch. (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. 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. CRIMINAL PENALTY. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow (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. May 5, 1995. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Report an Animal Bite. OFFENSE AND PENALTY. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS BODILY INJURY TO A PERSON. His wife was also attacked by the dogs and remains in critical condition at University Hospital. May 17, 1999. Oftentimes, the victim looks to sue for a dog bite. Civilly, an owner can be held liable if they knew the dog had bitten someone before and did not use "reasonable care" in restraining the dog, said. 3.1639(121), eff. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (last accessed Jun. 1, eff. April 2, 2015. (4) provide the name of the attending veterinarian, if applicable. 979, Sec. It is kept quarantined until the clinical signs of rabies have resolved. Section 2131 et seq.) Email: shelter@smith-county.com. 826.011. (b) Registration is valid for one year from the date of registration. 2, eff. 1235 (H.B. September 1, 2005. Sept. 1, 2001. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. DEFENSE. Copyright 2023, Thomson Reuters. Acts 2015, 84th Leg., R.S., Ch. (5) the injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. 1 (S.B. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. (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. (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. (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. (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. April 2, 2015. 1, eff. 1 (S.B. Sec. 826.031. (d) The county treasurer shall record the registration of a dog, including the age, breed, color, sex, and registration date of the dog. 678, Sec. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. Sept. 1, 2003. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. 826.021, TAC-169.29, CD6-Sec. 8, eff. (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. A governmental entity or person that receives the information 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. 2, eff. Notice of such order shall be given by publication . 822.113. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. Sept. 1, 1989. 3.1602, eff. 7, eff; May 5, 1995. (b) A person who violates this section commits an offense. (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. (c) The department or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. Sept. 1, 1989. 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. Acts 1989, 71st Leg., ch. 219), Sec. 822.112. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. 826.018. Sec. 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