texas dog bite law quarantine

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Renumbered from Health & Safety Code Sec. 4, eff. 530 (H.B. Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. (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. 219), Sec. Renumbered from Health & Safety Code Sec. 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. 1, eff. 822.011 and amended by Acts 2003, 78th Leg., ch. 8, eff. 669 (H.B. (b) Registration is valid for one year from the date of registration. 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. (a) Information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code. 3, eff. } 822.0011. (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. Firms, Animal Attack and Dog Bite Claim Resources. 826.0311. Added by Acts 1995, 74th Leg., ch. Sec. September 1, 2021. (c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. (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. The owner of the dogs now faces felony charges, police said. Sec. (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. (d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. Added by Acts 2003, 78th Leg., ch. (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 . (c) If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate. (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. Sec. 822.111. 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. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. 5, eff. Acts 2007, 80th Leg., R.S., Ch. 219), Sec. VIOLATIONS. Sec. Spray the dogs with a garden hose.. 8, eff. For the criminal statutes, a person can be said to know that their dog is dangerous if there was a previous, unprovoked attack or the owner has been informed by appropriate authorities that the dog is dangerous. Texas. The area is defined by the borders of the State of Texas. (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. Renumbered from Health & Safety Code Sec. (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. 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. Sec. April 2, 2015. we provide special support (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. 7, 2021). (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. April 2, 2015. Sec. (c) The commissioners court shall determine the amount and time of reimbursement. 822.106. 1420, Sec. DEFENSES. 3340), Sec. 826.001. (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. (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. This applies to both domestic and wild animals. REGISTRATION OF DOGS AND CATS BY LOCAL GOVERNMENTS. Sec. 826.048. Added by Acts 1999, 76th Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if the person violates or attempts to violate a department rule adopted under Section 826.045 governing an area rabies quarantine. Make a big ruckus by shouting, screaming or clapping your hands. Sept. 1, 1989. // function that displays status bar message May 5, 1995. (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. (2) is required to be placed in quarantine under ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. 678, Sec. if (document.images) {document.images[id].src=eval(name+".src"); } There are further considerations following an attack. May 5, 1995. Section 826.042 Quarantine of Animals, 3.1639(121), eff. 44, Sec. The primary duties that a dog bite attorney is often required to do is to seek compensation for the victim's injuries and prepare for the . (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code. May 5, 1995. If the attack happened because of an intruder, different rules could apply, Bisnar says, but generally speaking, any dog bite in California is considered the dog owner's fault. Renumbered from Health & Safety Code Sec. Sec. 1, eff. Sec. 31, eff. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1989. (b) An offense under this section is a Class C misdemeanor. 2. 3. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Sept. 1, 1989. Sept. 1, 1989. (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. Acts 1989, 71st Leg., ch. (d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal. New findings bolster deputies' belief that 3 Crosby teens died in double murder-suicide. Sept. 1, 1989. Sec. (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. Since the owner of a dog that bites you may be strictly liable for your injuries, you don't have to prove negligence. APPEAL. September 1, 2007. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. (c) The owner of an animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. Sec. Amended by Acts 1997, 75th Leg., ch. An owner shall submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. 3.1605, eff. The Executive Commissioner of the Health and Human Services Commission (HHSC) declares a statewide rabies quarantine. 1, eff. Defense to prosecution if person is a veterinarian, peace officer, or is employed to deal with animals. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. No person in the United States has ever contracted rabies from a dog, cat or ferret held in quarantine for 10 days. (2) are more stringent than restrictions provided by this subchapter. (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. then by law it must be euthanized and tested. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. September 1, 2007. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. 219), Sec. 530 (H.B. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. 44, Sec. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues. Meeting with a lawyer can help you understand your options and how to best protect your rights. HEARING. Amended by Acts 1995, 74th Leg., ch. (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. The hearing must be held not later than the 10th day after the date on which the warrant is issued. 1, eff. 99, Sec. (c) If on the trial of an offense under this section the court finds that the person has been previously convicted of an offense under this section, the offense is a Class B misdemeanor. The Centers for Disease Control and Prevention recommend a 10-day quarantine to combat this. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. 3.1617, eff. The county in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the county for the costs of the quarantine and disposition of an animal whose owner is unable to pay. The fees collected under this section may be used only to administer and enforce this subchapter. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. NOTICE. 3.1612, eff. 219), Sec. Sec. Sept. 1, 2001. Sept. 1, 1989. (3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c). CERTIFICATE OF REGISTRATION APPLICATION. Acts 2015, 84th Leg., R.S., Ch. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Texas laws pertaining to rabies vaccinations for animals: Texas Health and Safety Code, Chapter 826, Rabies Control Act Texas Administrative Code, Ch. 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. 678, Sec. 822.107. Sec. Remember, state dog bite laws are a combination of local and state laws and are subject to change. May 5, 1995. 1, eff. 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. Sec. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. 3.1616, eff. 1, eff. 3.1609, eff. (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. April 2, 2015. April 2, 2015. 530 (H.B. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. (a) If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident. 1, eff. Sec. (2) the owner knows or suspects is rabid or has exposed an individual to rabies. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. 44, Sec. (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. BITE #_____ ACTIVITY #_____ Persons or pets are potentially exposed when: EXPOSURE INFO 1. there is known physical contact with saliva or nervous system tissue from a high-risk wildlife species Did anyone touch the wild animal? In most cases, the quarantine/observation may be in your home. (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. (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. 822.045. 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. A dog or other animal that bites or scratches a person, breaking the skin, must be quarantined at a state-approved facility for 10 days. 822.004 and amended by Acts 1997, 75th Leg., ch. Added by Acts 2015, 84th Leg., R.S., Ch. 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 44, Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Acts 2015, 84th Leg., R.S., Ch. Sec. April 2, 2015. (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. This includes animals that already have their rabies shots. . Sec. April 2, 2015. Rule 3701-3-29. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. (b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the executive commissioner. (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. Sept. 1, 1997. 99, Sec. (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. The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved. 1728), Sec. 44, Sec. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. (A) makes an unprovoked attack on a person that causes bodily injury and occurs 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; or. Location: (g) 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 dog show or event sponsored by a nationally recognized or state-recognized kennel club. Sec. 219), Sec. April 2, 2015. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. Amended by Acts 2001, 77th Leg., ch. (b) A hearing held under this section must be conducted in accordance with Chapter 2001, Government Code, and the department's formal hearing rules. A civil penalty collected under this subsection may be retained by the county or municipality. 5 High Risk Animals Bat Skunk Raccoon Coyote Fox What to Do if Bitten or Scratched The first thing you should do if you have been bitten, scratched, or have had your skin broken is: Wash immediately with soap & water Contact 911 or the Sheriff's Office to report incident Contact Animal Control 7-4.2 (a) Fails to microchip cat or dog. 1, eff. Sec. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. (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. 822.114. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL PENALTY. Sec. Acts 2015, 84th Leg., R.S., Ch. Section 2131 et seq.) 826.053. Sept. 1, 1997. 1 (S.B. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. To claim livestock, call the Low Risk Animal Control. A healthy dog, cat, or ferret that bites a person should be confined and observed daily for 10 days. 2, eff. The contracts or agreements may provide for payment by the state for materials, equipment, and services. (a) If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if: (1) the owner has an unexpired rabies vaccination certificate for the animal; or. 2283), Sec. April 2, 2015. 822.001 and amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. 1355), Sec. April 2, 2015. (4) "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. Penal Code 398 (2022).) (b) A dog or cat may not be subject to dual registration. PETITION FOR ELECTION. 678, Sec. (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. If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. Added by Acts 1991, 72nd Leg., ch. Sec. 1355), Sec. 319), Sec. April 2, 2015. One occurred in September 2021 when a man in his mid 20s suffered minor dog bites to his hand and lower extremities, Sims said. 44, Sec. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. 1 (S.B. Acts 1989, 71st Leg., ch. 826.033. April 2, 2015. (4) provide the name of the attending veterinarian, if applicable. (C) does not otherwise adversely affect the overall welfare of the animal involved. 2, eff. EFFECT OF SUBCHAPTER ON OTHER LAW. Sept. 1, 2001. 3.1623, eff. 826.032. And this is often the case if the assault is not severe. 1 (S.B. 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. (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. Fax: 903-526-0202. Sept. 1, 1989. Sept. 1, 1989. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. Sec. As of Sunday, a petition to save the dog had reached more than 7,000 signatures of its 7,500 goal. September 1, 2005. Acts 1989, 71st Leg., ch. Amended by Acts 2001, 77th Leg., ch. 826.024. 1 (S.B. } Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. Rabies is a deadly virus with elevated levels in central Texas. 1740), Sec. An elderly man is dead and his wife is in critical condition after the couple was mauled by dogs in a West Side neighborhood Friday afternoon. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Restraint; Criminal Penalty. 219), Sec. (2) any other information that may help in locating the victim or animal. 1, eff. You can be held civilly or criminally liable. The log must: (3) describe the type or nature of treatment; and. Telephone: 214-819-2000 Rabies is a viral neuroinvasive disease transmitted by animals that causes inflammation of the brain. April 2, 2015. 826.025. Sept. 1, 1989. Sept. 1, 2001. 6, eff. 1, eff. (c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section. DEFINITIONS. The average cost per claim nationally has risen 39 percent from . The Texas Supreme Court articulated the law and standards that Texas follows for animal attacks in a case called Marshall v. Ranne. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and. 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Has exposed An individual to rabies recommend a 10-day quarantine to combat.!: ( 3 ) personnel of a dog or cat may not register or An. Chapter are the minimum standards for rabies control new Image ( 123, )! Quarantine for 10 days the quarantine/observation may be retained by the county attorney city...! = `` Mozilla/4.0 ( compatible ; MSIE 4.0 ; Mac_PowerPC ) '' Sept..

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