The Smith County Animal Shelter is located at 322 East Ferguson Street, Tyler, Texas, 75702. (b) On the declaration that a quarantine exists, the executive commissioner shall: (1) define the borders of the quarantine area; and. A man was killed and a woman critically injured in a "horrific" dog attack in Texas on Friday, authorities said. Should the animal involved in a biting incident have rabies or be suspected of having rabies, the animal must be euthanized and the brain sent to a lab for testing. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. 2. September 1, 2015. (a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under: (1) Section 826.021 and department rules; or. 1, eff. (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. Kennel Cough. Location: 1 (S.B. Sec. (1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret shall be quarantined under an order issued by the . September 1, 2017. 826.024. Acts 2015, 84th Leg., R.S., Ch. 44, Sec. RULE 169.34. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. 1. (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. GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER, DEPARTMENT, AND LOCAL GOVERNMENTS. } (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. Rule 3701-3-29. Sec. (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. 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. Sec. 3.1610, eff. Acts 2015, 84th Leg., R.S., Ch. (c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if: (1) the animal registration agency has good cause for the deviation; and. EFFECT OF SUBCHAPTER ON OTHER LAW. The owner of the dogs now faces felony charges, police said. (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. Acts 2007, 80th Leg., R.S., Ch. (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. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. Acts 2015, 84th Leg., R.S., Ch. No quarantine applies. 99, Sec. During this time, it will be determined if the rabies virus was present and transmittable at the time of the bite. function dm(msgStr) { (c) When a court issues an order to a facility to cease operation, the local rabies control authority shall remove all animals housed in the facility to a shelter approved by the department. (2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs. Acts 2015, 84th Leg., R.S., Ch. RESTRAINT; CRIMINAL PENALTY. Sept. 1, 1991. (d) Subject to any limitations or conditions prescribed by the legislature, the department or its designee may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this chapter. (b) A dog or cat may not be subject to dual registration. (b) Registration is valid for one year from the date of registration. 1, eff. (e) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. April 2, 2015. 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. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. 678, Sec. Sec. Visit our attorney directory to find a lawyer near you who can help. // Sec. DEFINITIONS. Sec. April 2, 2015. (b) The executive commissioner shall adopt rules necessary to effectively administer this chapter. (7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency. (b) An offense under this section is a Class C misdemeanor. (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. September 1, 2007. 3, eff. 2026), Sec. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. (5) "Department" means the Department of State Health Services. 822.110. The email address cannot be subscribed. 1 (S.B. Added by Acts 2001, 77th Leg., ch. (d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs. 826.033. April 2, 2015. 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. 822.001. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. (c) To the extent of any conflict between this section and any other law or rule relating to the administration of rabies vaccine, this section controls. An offense under this subsection is punishable by a fine of not more than $100. (B) under restraint by closed cage or paddock or in any other manner approved by department rule. April 2, 2015. 1, eff. 822.0423. Sec. SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES. Animal Control Handbook. 822.031. Added by Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. 822.108. 1, eff. (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. 1355), Sec. (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. 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. 219), Sec. (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. if (showMsg) { 1331 (S.B. 1426), Sec. 1 (S.B. Make a big ruckus by shouting, screaming or clapping your hands. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. The number of dog bite claims nationwide increased in 2021 to 17,989 from 17,597 in 2020a 2.2 percent increase, according to an analysis of homeowners insurance claims data by the Triple-I. INJUNCTION. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS. A dog owner may be criminally liable if they acted with criminal negligence or if they had reason to know their dog was dangerous. 44, Sec. (f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. 219), Sec. The San Antonio attack was the first of two pit . 1 (S.B. 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. Amended by Acts 1997, 75th Leg., ch. 1, eff. It can be reached at 409.643.5720 . Rabies is a deadly virus with elevated levels in central Texas. 822.103. 669 (H.B. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. 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. (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. 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. ATTACK BY DANGEROUS DOG. DOGS OR COYOTES THAT ATTACK ANIMALS. 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. (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. Amended by Acts 1995, 74th Leg., ch. BALLOT PROPOSITION. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1989. Added by Acts 1995, 74th Leg., ch. 1, eff. (b) A person who violates this section commits an offense. 826.014. In the Marshall case, Paul Marshall sued John Ranne for damages suffered when Ranne's boar severely injured his hand. 1, eff. Sec. SUBCHAPTER A. 1 (S.B. 826.042. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT REGISTRY; CRIMINAL PENALTY. 96, Sec. (e) (11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper. Sec. (a) The court, on receiving a report of an incident under Section 822.0422 or on application under Section 822.042(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with Section 822.042. 1 (S.B. 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). Sec. (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. 678, Sec. 4, eff. 686 (H.B. Remember, state dog bite laws are a combination of local and state laws and are subject to change. September 1, 2007. 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