219), Sec. (b) The information may be disclosed only to a governmental entity or a person that, under a contract with a governmental entity, provides animal control services or animal registration services for the governmental entity for purposes related to the protection of public health and safety. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 822.102. 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. PETITION FOR ELECTION. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. September 1, 2005. With this ruling Texas became a "one bite rule" state. 2, eff. Sec. Sept. 1, 1995. Added by Acts 1991, 72nd Leg., ch. Sept. 1, 1989. 826.022. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL PENALTY. One Bite Rule 99, Sec. (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. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. then by law it must be euthanized and tested. Notice of such order shall be given by publication . May 5, 1995. Renumbered from Health & Safety Code Sec. 826.025. 686 (H.B. (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. (C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts. Feb. 24, 2023 Updated: Feb. 25, 2023 3:08 p.m. 3. Animal Control Handbook. 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. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. Acts 1989, 71st Leg., ch. Renumbered from Health & Safety Code Sec. Sec. 678, Sec. 1 (S.B. This chapter and the rules adopted by the executive commissioner under this chapter are the minimum standards for rabies control. Sec. SAN ANTONIO Animal Care Services officials say the dogs who were euthanized following the fatal attack of an 81-year-old had at least three prior bite reports. 4, eff. June 14, 2001. 1, eff. Sec. Location: Sec. Sec. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. Sec. (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. Amended by Acts 1995, 74th Leg., ch. 822.003. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. QUARANTINE; CRIMINAL PENALTY. 14, eff. (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. LIABILITY INSURANCE. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER. Sept. 1, 1989. Sept. 1, 1989. (b) Registration is valid for one year from the date of registration. 686 (H.B. 1728), Sec. DOGS OR COYOTES THAT ATTACK ANIMALS. April 2, 2015. Sec. // This subchapter shall not apply to any county or municipality that enacts or has enacted registration or restraint laws pursuant to Chapter 826 (Rabies Control Act of 1981). 822.0421. (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. MINIMUM STANDARDS FOR RABIES CONTROL. 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. Stay up-to-date with how the law affects your life. HEARING. (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. Sec. if (document.images) { Sec. May 5, 1995. Most states have "strict liability dog-bite laws that make owners financially responsible for dog bites (and other injuries in some states), regardless of the owner's . 826.021. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. (2) administers or supervises the administration of rabies vaccine as part of a local rabies control program established by a county or municipality under this chapter. Amended by Acts 1997, 75th Leg., ch. 1 (S.B. (5) "Department" means the Department of State Health Services. (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. Stock Laws. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Added by Acts 1991, 72nd Leg., ch. 1, eff. Acts 1989, 71st Leg., ch. The decision of the county court or county court at law may not be appealed. (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. 3.1639(121), eff. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Sept. 1, 1989. 7, eff. (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. Acts 1989, 71st Leg., ch. 1, eff. 822.023. 5, eff. 1, eff. Blast an air horn to startle the dogs and, if they're on a leash, pull them apart. Sept. 1, 1989. 826.054. Person is a dog trainer or an employee of a guard dog company. 1 (S.B. Sec. Acts 1989, 71st Leg., ch. 2, eff. 826.023. (h) 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 engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. Acts 2015, 84th Leg., R.S., Ch. or uses dogs for law enforcement or corrections purposes. for rabies. 826.047. 678, Sec. 822.0424. The hearing must be held not later than the 10th day after the date on which the warrant is issued. Sept. 1, 1999. CRIMINAL PENALTY. and its subsequent amendments. Section 2131 et seq.) (B) under restraint by closed cage or paddock or in any other manner approved by department rule. (b) This subchapter does not require a municipality that does not have an animal control office to create that office. This section sets out the criminal offense known as "Cruelty to Nonlivestock Animals." The definition for the word "animal" as used in this statute includes "a domesticated living creature, including any stray or feral cat or dog." Section 42.10 of the Texas Penal Code. Sec. (b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY. (b) An offense under this section is a Class C misdemeanor. (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. Amended by Acts 1995, 74th Leg., ch. CIVIL PENALTY. 1355), Sec. REGISTRATION; CRIMINAL PENALTY. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (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. 44, Sec. 489, Sec. 826.033. April 2, 2015. QUARANTINE OF ANIMALS. (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. (e) SUBCHAPTER A. 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. (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. entrepreneurship, were lowering the cost of legal services and (b) The executive commissioner by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals. (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. Sept. 1, 1989. 219), Sec. 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