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HEALTH & SAFETY CODE
CHAPTER 822. REGULATION OF ANIMALS[0]
SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
§ 822.001. DEFINITIONS. In this Subchapter:
(1) "Animal[0] control authority" means a municipal or
county animal[0] control office with authority over the area in which
the dog is kept or the county sheriff in an area that does not have
an animal[0] control office.
(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.
Amended by Acts 1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997.
§ 822.002. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS
BODILY INJURY TO A PERSON. (a) A justice court, county court, or
municipal court shall order the animal[0] control authority to seize a
dog and shall issue a warrant authorizing the seizure:
(1) on the sworn complaint of any person, including
the county attorney, the city attorney, or a peace officer, that the
dog has caused the death of or serious bodily injury to a person by
attacking[0], biting, or mauling the person; and
(2) on a showing of probable cause to believe that the
dog caused the death of or serious bodily injury to the person as
stated in the complaint.
(b) The animal[0] control authority shall seize the dog or
order its seizure and shall provide for the impoundment of the dog
in secure and humane conditions until the court orders the
disposition of the dog.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.001 and
amended by Acts 1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997.
§ 822.003. HEARING. (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[0], 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.
(b) The court shall give written notice of the time and
place of the hearing to:
(1) the owner of the dog or the person from whom the
dog was seized; and
(2) the person who made the complaint.
(c) Any interested party, including the county attorney or
city attorney, is entitled to present evidence at the hearing.
(d) The court shall order the dog destroyed if the court
finds that the dog caused the death of a person by attacking[0],
biting, or mauling the person. If that finding is not made, the
court shall order the dog released to:
(1) its owner;
(2) the person from whom the dog was seized; or
(3) any other person authorized to take possession of
the dog.
(e) The court may order the dog destroyed if the court finds
that the dog caused serious bodily injury to a person by attacking[0],
biting, or mauling the person. If that finding is not made, the
court shall order the dog released to:
(1) its owner;
(2) the person from whom the dog was seized; or
(3) any other person authorized to take possession of
the dog.
(f) The court may not order the dog destroyed if the court
finds that the dog caused the serious bodily injury to a person by
attacking[0], biting, or mauling the person and:
(1) the dog was being used for the protection of a
person or person's property, the attack, bite, or mauling occurred
in an enclosure in which the dog was being kept, and:
(A) the enclosure was reasonably certain to
prevent the dog from leaving the enclosure on its own and provided
notice of the presence of a dog; and
(B) the injured person was at least eight years
of age, and was trespassing in the enclosure when the attack, bite,
or mauling occurred;
(2) the dog was not being used for the protection of a
person or person's property, the attack, bite, or mauling occurred
in an enclosure in which the dog was being kept, and the injured
person was at least eight years of age and was trespassing in the
enclosure when the attack, bite, or mauling occurred;
(3) the attack, bite, or mauling occurred during an
arrest or other action of a peace officer while the peace officer
was using the dog for law enforcement purposes;
(4) the dog was defending a person from an assault or
person's property from damage or theft by the injured person; or
(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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.002 and
amended by Acts 1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997.
§ 822.004. DESTRUCTION OF DOG. The destruction of a dog
under this subchapter must be performed by:
(1) a licensed veterinarian;
(2) personnel of a recognized animal[0] shelter or humane
society who are trained in the humane destruction of animals[0]; or
(3) personnel of a governmental agency responsible for
animal[0] control who are trained in the humane destruction of
animals[0].
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.003 by Acts
1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997.
§ 822.005. PROVOCATION OR LOCATION OF ATTACK
IRRELEVANT. Except as provided by Section 822.003(f), this
subchapter applies to any dog that causes a person's death or
serious bodily injury by attacking[0], biting, or mauling the person,
regardless of whether the dog was provoked and regardless of where
the incident resulting in the person's death or serious bodily
injury occurred.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.004 and
amended by Acts 1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS[0]
§ 822.011. DEFINITIONS. In this subchapter:
(1) "Dog or coyote" includes a crossbreed between a
dog and a coyote.
(2) "Livestock" includes exotic livestock as defined
by Section 161.001, Agriculture Code.
Added by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.
§ 822.012. CERTAIN DOGS AND COYOTES PROHIBITED FROM
RUNNING AT LARGE; CRIMINAL PENALTY. (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[0] animals[0], or fowls may not permit the dog or coyote to run
at large.
(b) A person who violates this section commits an offense.
An offense under this subsection is punishable by a fine of not more
than $100.
(c) Each time a dog or coyote runs at large in violation of
this section constitutes a separate offense.
Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.011 and
amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1,
2003.
§ 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS[0]. (a) A
dog or coyote that is attacking[0], is about to attack, or has recently
attacked livestock, domestic[0] animals[0], or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's[0] owner or a person acting on
behalf of the owner if the owner or person has knowledge of the
attack.
(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.
(c) A person who discovers on the person's property a dog or
coyote known or suspected of having killed livestock, domestic[0]
animals[0], 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[0]
control authority. The owner of the dog or coyote is liable for all
costs incurred in the capture and care of the dog or coyote and all
damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or
coyote that is known to have attacked livestock, domestic[0] animals[0],
or fowls shall control the dog or coyote in a manner approved by the
local animal[0] control authority.
(e) A person is not required to acquire a hunting license
under Section 42.002, Parks and Wildlife Code, to kill a dog or
coyote under this section.
Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 822.033 and
amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1,
2003.
SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS
§ 822.021. APPLICATION TO COUNTIES THAT ADOPT
SUBCHAPTER. This subchapter applies only to a county that adopts
this subchapter by a majority vote of the qualified voters of the
county voting at an election held under this subchapter. 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).
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 489, § 1, eff. Aug. 28, 1995.
§ 822.022. PETITION FOR ELECTION. (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.
(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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.023. NOTICE. In addition to the notice required
by Section 4.003, Election Code, notice of an election under this
subchapter shall be published at least once in an English language
newspaper of general circulation in the county. If there is no
English language newspaper of general circulation in the county,
the notice shall be posted at the courthouse door for at least one
week before the election.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.024. BALLOT PROPOSITION. The ballot for an
election under this subchapter shall be printed to provide for
voting for or against the proposition: "Registration of and
registration fee for dogs."
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.025. ELECTION RESULT. (a) If a majority of those
voting at the election vote in favor of the measure, the requirement
that dogs be registered takes effect in the county on the 10th day
after the date on which the result of the election is declared.
(b) The county judge shall issue a proclamation declaring
the result of the election if the vote is in favor of the measure.
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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.026. INTERVAL BETWEEN ELECTIONS. (a) If the
result of an election is against the registration of and
registration fee for dogs, another election on that subject may not
be held for six months after the date of the election.
(b) If the result of an election is for the registration of
and registration fee for dogs, an election to repeal the
registration and fee may not be held for two years from the date of
the election.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.027. REGISTRATION TAGS AND CERTIFICATE. (a) The
commissioners court of a county shall furnish the county treasurer
the necessary dog identification tags.
(b) The tags must be numbered consecutively and must be
printed or impressed with the name of the county issuing the tags.
(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.
(d) The county treasurer shall record the registration of a
dog, including the age, breed, color, sex, and registration date of
the dog. 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.
(e) If the ownership of a dog is transferred, the dog's
registration certificate shall be transferred to the new owner.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.028. REGISTRATION FEE. (a) An owner of a dog
registered under this subchapter must pay a registration fee of $1.
However, the commissioners court of the county may set the fee in an
amount of more than $1 but not more than $5, and if the court sets
the amount of the fee the owner must pay that amount.
(b) Registration is valid for one year from the date of
registration.
(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. The new registration certificate is
valid for one year from the date of registration in the county from
which the dog was moved.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 870, § 1, eff. June 14, 2001.
§ 822.029. DISPOSITION OF FEE. (a) The fee collected
for the registration of a dog shall be deposited to the credit of a
special fund of the county and used only to:
(1) defray the cost of administering this subchapter
in the county, including the costs of registration and the
identification tags; and
(2) reimburse the owner of any sheep, goats, calves,
or other domestic[0] animals[0] or fowls killed in the county by a dog not
owned by the person seeking reimbursement.
(b) Reimbursement under Subsection (a)(2) shall be made on
the order of the commissioners court only on satisfactory proof of
the killing.
(c) The commissioners court shall determine the amount and
time of reimbursement. If there is insufficient money in the fund
to reimburse all injured persons in full, reimbursement shall be
made on a pro rata basis.
(d) The county treasurer shall keep an accurate record
showing all amounts received into and paid from the fund.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.030. REGISTRATION REQUIRED; EXCEPTION FOR
TEMPORARY VISITS. (a) The owner or person having control of a dog
six months of age or older in a county that has adopted this
subchapter must register the dog not later than the 30th day after
the date on which the proclamation is published or adopted.
(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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.031. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT
LARGE. 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
(2) has fastened about its neck a dog identification
tag issued by the county.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 822.035. CRIMINAL PENALTY. (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
(3) violates this subchapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $100, confinement in the
county jail for not more than 30 days, or both.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER D. DANGEROUS DOGS
§ 822.041. DEFINITIONS. In this subchapter:
(1) "Animal[0] control authority" means a municipal or
county animal[0] control office with authority over the area where the
dog is kept or a county sheriff in an area with no animal[0] control
office.
(2) "Dangerous dog" means a dog that:
(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
(B) commits unprovoked acts 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 and
those acts cause a person to reasonably believe that the dog will
attack and cause bodily injury to that person.
(3) "Dog" means a domesticated animal[0] that is a member
of the canine family.
(4) "Secure enclosure" means a fenced area or
structure that is:
(A) locked;
(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
(E) in conformance with the requirements for
enclosures established by the local animal[0] control authority.
(5) "Owner" means a person who owns or has custody or
control of the dog.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
§ 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS
DOG. (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[0] 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[0] control authority for the area in which the dog is kept; and
(4) comply with an applicable municipal or county
regulation, requirement, or restriction on dangerous dogs.
(b) The owner of a dangerous dog who does not comply with
Subsection (a) shall deliver the dog to the animal[0] control
authority not later than the 30th day after the owner learns that
the dog is a dangerous dog.
(c) If, on application of any person, a justice court,
county court, or municipal court finds, after notice and hearing as
provided by Section 822.0423, that the owner of a dangerous dog has
failed to comply with Subsection (a) or (b), the court shall order
the animal[0] control authority to seize the dog and shall issue a
warrant authorizing the seizure. The authority shall seize the dog
or order its seizure and shall provide for the impoundment of the
dog in secure and humane conditions.
(d) The owner shall pay any cost or fee assessed by the
municipality or county related to the seizure, acceptance,
impoundment, or destruction of the dog. The governing body of the
municipality or county may prescribe the amount of the fees.
(e) The court shall order the animal[0] control authority to
humanely destroy the dog if the owner has not complied with
Subsection (a) before the 11th day after the date on which the dog
is seized or delivered to the authority. The court shall order the
authority to return the dog to the owner if the owner complies with
Subsection (a) before the 11th day after the date on which the dog
is seized or delivered to the authority.
(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.
(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
(3) the owner is informed by the animal[0] control
authority that the dog is a dangerous dog under Section 822.0421.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 96, § 1, eff. May 17, 1999.
§ 822.0421. DETERMINATION THAT DOG IS
DANGEROUS. (a) If a person reports an incident described by
Section 822.041(2), the animal[0] control authority may investigate
the incident. If, after receiving the sworn statements of any
witnesses, the animal[0] control authority determines the dog is a
dangerous dog, it shall notify the owner of that fact.
(b) 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[0] control authority to a
justice, county, or municipal court of competent jurisdiction. An
owner may appeal the decision of the justice, county, or municipal
court in the same manner as appeal for other cases from the justice,
county, or municipal court.
Added by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997.
§ 822.0422. REPORTING OF INCIDENT IN CERTAIN COUNTIES
AND MUNICIPALITIES. (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.
(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 owner of the dog shall deliver the dog to the animal[0] control
authority not later than the fifth day after the date on which the
owner receives notice that the report has been filed. The authority
may provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog.
(c) If the owner fails to deliver the dog as required by
Subsection (b), the court shall order the animal[0] control authority
to seize the dog and shall issue a warrant authorizing the seizure.
The authority shall seize the dog or order its seizure and shall
provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog. The
owner shall pay any cost incurred in seizing the dog.
(d) The court shall determine, after notice and hearing as
provided in Section 822.0423, whether the dog is a dangerous dog.
(e) The court, after determining that the dog is a dangerous
dog, may order the animal[0] 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.
(f) The owner shall pay a cost or fee assessed under Section
822.042(d).
Added by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 96, § 2, eff. May 17, 1999.
§ 822.0423. HEARING. (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. The hearing must be held
not later than the 10th day after the date on which the dog is seized
or delivered.
(b) The court shall give written notice of the time and
place of the hearing to:
(1) the owner of the dog or the person from whom the
dog was seized; and
(2) the person who made the complaint.
(c) Any interested party, including the county or city
attorney, is entitled to present evidence at the hearing.
(d) An owner or person filing the action may appeal the
decision of the municipal court, justice court, or county court in
the manner provided for the appeal of cases from the municipal,
justice, or county court.
Added by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997.
§ 822.043. REGISTRATION. (a) An animal[0] control
authority for the area in which the dog is kept shall annually
register a dangerous dog if the owner:
(1) presents proof of:
(A) liability insurance or financial
responsibility, as required by Section 822.042;
(B) current rabies vaccination of the dangerous
dog; and
(C) the secure enclosure in which the dangerous
dog will be kept; and
(2) pays an annual registration fee of $50.
(b) The animal[0] control authority shall provide to the owner
registering a dangerous dog a registration tag. The owner must
place the tag on the dog's collar.
(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[0] control
authority for the area in which the new address is located. On
presentation by the current owner of the dangerous dog's prior
registration tag and payment of a fee of $25, the animal[0] control
authority shall issue a new registration tag to be placed on the
dangerous dog's collar.
(d) An owner of a registered dangerous dog shall notify the
office in which the dangerous dog was registered of any attacks the
dangerous dog makes on people.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
§ 822.044. ATTACK BY DANGEROUS DOG. (a) A person
commits an offense if the person is the owner of a dangerous dog and
the dog makes an unprovoked attack on another person outside the
dog's enclosure and causes bodily injury to the other person.
(b) An offense under this section is a Class C misdemeanor,
unless the attack causes serious bodily injury or death, in which
event the offense is a Class A misdemeanor.
(c) If a person is found guilty of an offense under this
section, the court may order the dangerous dog destroyed by a person
listed in Section 822.003.
(d) In addition to criminal prosecution, a person who
commits an offense under this section is liable for a civil penalty
not to exceed $10,000. An attorney having civil jurisdiction in the
county or an attorney for a municipality where the offense occurred
may file suit in a court of competent jurisdiction to collect the
penalty. Penalties collected under this subsection shall be
retained by the county or municipality.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
§ 822.045. VIOLATIONS. (a) A person who owns or keeps
custody or control of a dangerous dog commits an offense if the
person fails to comply with Section 822.042 or Section 822.0422(b)
or an applicable municipal or county regulation relating to
dangerous dogs.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor
if it is shown on the trial of the offense that the defendant has
previously been convicted under this section.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997.
§ 822.046. DEFENSE. (a) It is a defense to prosecution
under Section 822.044 or Section 822.045 that the person is a
veterinarian, a peace officer, a person employed by a recognized
animal[0] shelter, or a person employed by the state or a political
subdivision of the state to deal with stray animals[0] and has
temporary ownership, custody, or control of the dog in connection
with that position.
(b) It is a defense to prosecution under Section 822.044 or
Section 822.045 that the person is an employee of the institutional
division of the Texas Department of Criminal Justice or a law
enforcement agency and trains or uses dogs for law enforcement or
corrections purposes.
(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.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.809, eff. Sept.
1, 2001.
§ 822.047. LOCAL REGULATION OF DANGEROUS DOGS. 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
(2) are more stringent than restrictions provided by
this subchapter.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
SUBCHAPTER E. DANGEROUS WILD ANIMALS[0]
§ 822.101. DEFINITIONS. In this subchapter:
(1) "Animal[0] registration agency" means the municipal
or county animal[0] control office with authority over the area where a
dangerous wild animal[0] is kept or a county sheriff in an area that
does not have an animal[0] control office.
(2) "Board" means the Texas Board of Health.
(3) "Commercial activity" means:
(A) an activity involving a dangerous wild animal[0]
conducted for profit that is not inherent to the animal's[0] nature;
(B) an activity for which a fee is charged and
that is entertainment using or an exhibition of the animal[0]; or
(C) the selling, trading, bartering, or
auctioning of a dangerous wild animal[0] or a dangerous wild animal's[0]
body parts.
(4) "Dangerous wild animal[0]" means:
(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) any hybrid of an animal[0] listed in this
subdivision.
(5) "Owner" means any person who owns, harbors, or has
custody or control of a dangerous wild animal[0].
(6) "Person" means an individual, partnership,
corporation, trust, estate, joint stock company, foundation, or
association of individuals.
(7) "Primary enclosure" means any structure used to
immediately restrict an animal[0] to a limited amount of space,
including a cage, pen, run, room, compartment, or hutch.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.102. APPLICABILITY OF SUBCHAPTER. (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[0] Welfare Act (7 U.S.C. 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 American Zoo and Aquarium Association;
(4) an injured, infirm, orphaned, or abandoned
dangerous wild animal[0] while being transported for care or
treatment;
(5) an injured, infirm, orphaned, or abandoned
dangerous wild animal[0] while being rehabilitated, treated, or cared
for by a licensed veterinarian, an incorporated humane society or
animal[0] shelter, or a person who holds a rehabilitation permit
issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
(6) a dangerous wild animal[0] owned by and in the custody
and control of a transient circus company that is not based in this
state if:
(A) the animal[0] is used as an integral part of the
circus performances; and
(B) the animal[0] is kept within this state only
during the time the circus is performing in this state or for a
period not to exceed 30 days while the circus is performing outside
the United States;
(7) a dangerous wild animal[0] while in the temporary
custody or control of a television or motion picture production
company during the filming of a television or motion picture
production in this state;
(8) a dangerous wild animal[0] owned by and in the
possession, custody, or control of a college or university solely
as a mascot for the college or university;
(9) a dangerous wild animal[0] while being transported in
interstate commerce through the state in compliance with the Animal[0]
Welfare Act (7 U.S.C. Section 2131 et seq.) 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[0] Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments; and
(11) a dangerous wild animal[0] that is:
(A) owned by or in the possession, control, or
custody of a person who is a participant in a species survival plan
of the American Zoo and Aquarium Association for that species; and
(B) an integral part of that species survival
plan.
(b) This subchapter does not require a municipality that
does not have an animal[0] control office to create that office.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) A
person may not own, harbor, or have custody or control of a
dangerous wild animal[0] for any purpose unless the person holds a
certificate of registration for that animal[0] issued by an animal[0]
registration agency.
(b) A certificate of registration issued under this
subchapter is not transferrable and is valid for one year after its
date of issuance or renewal unless revoked.
(c) The animal[0] registration agency may establish and charge
reasonable fees for application, issuance, and renewal of a
certificate of registration in order to recover the costs
associated with the administration and enforcement of this
subchapter. The fee charged to an applicant may not exceed $50 for
each animal[0] registered and may not exceed $500 for each person
registering animals[0], regardless of the number of animals[0] owned by
the person. The fees collected under this section may be used only
to administer and enforce this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.104. CERTIFICATE OF REGISTRATION
APPLICATION. (a) An applicant for an original or renewal
certificate of registration for a dangerous wild animal[0] must file
an application with an animal[0] registration agency on a form
provided by the animal[0] registration agency.
(b) The application must include:
(1) the name, address, and telephone number of the
applicant;
(2) a complete identification of each animal[0],
including species, sex, age, if known, and any distinguishing marks
or coloration that would aid in the identification of the animal[0];
(3) the exact location where each animal[0] is to be kept;
(4) a sworn statement that:
(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[0] comply with the requirements of this subchapter; and
(5) any other information the animal[0] registration
agency may require.
(c) An applicant shall include with each application:
(1) the nonrefundable fee;
(2) proof, in a form acceptable by the animal[0]
registration agency, that the applicant has liability insurance, as
required by Section 822.107;
(3) a color photograph of each animal[0] 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[0] is to be kept and a scale
diagram of the premises where each animal[0] will be kept, including
the location of any perimeter fencing and any residence on the
premises; 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[0]
Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
amendments, a clear and legible photocopy of the license.
(d) In addition to the items required under Subsection (c),
an application for renewal must include a statement signed by a
veterinarian licensed to practice in this state stating that the
veterinarian:
(1) inspected each animal[0] being registered not earlier
than the 30th day before the date of the filing of the renewal
application; and
(2) finds that the care and treatment of each animal[0] by
the owner meets or exceeds the standards prescribed under this
subchapter.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF
REGISTRATION; APPEAL. (a) If the animal[0] 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[0] 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.
(b) If the animal[0] 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[0] registration agency shall revoke the
certificate of registration and give the owner written notice of
the revocation and the reasons for the revocation.
(c) A person may appeal the denial of an original or renewal
certificate of registration or the revocation of a certificate of
registration to the justice court for the precinct in which the
animal[0] is located or the municipal court in the municipality in
which the animal[0] is located not later than the 15th day after the
date the certificate of registration is denied or revoked. 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. The decision of the county
court or county court at law may not be appealed.
(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.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.106. DISPLAY OF CERTIFICATE OF
REGISTRATION. (a) A holder of a certificate of registration
shall prominently display the certificate at the premises where
each animal[0] that is the subject of the certificate of registration
is kept.
(b) Not later than the 10th day after the date a person
receives a certificate of registration, the person shall file a
clear and legible copy of the certificate of registration with the
Texas Department of Health. The department shall establish a
procedure for filing a certificate of registration and shall charge
a reasonable fee in an amount sufficient to recover the cost
associated with filing a certificate of registration under this
subsection.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.107. LIABILITY INSURANCE. An owner of a dangerous
wild animal[0] 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[0].
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.108. INSPECTION. An owner of a dangerous wild
animal[0], at all reasonable times, shall allow the animal[0]
registration agency, its staff, its agents, or a designated
licensed veterinarian to enter the premises where the animal[0] is
kept and to inspect the animal[0], the primary enclosure for the
animal[0], and the owner's records relating to the animal[0] to ensure
compliance with this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.109. RELOCATION OR DISPOSITION OF
ANIMAL[0]. (a) An owner of a dangerous wild animal[0] may not
permanently relocate the animal[0] unless the owner first notifies the
animal[0] registration agency in writing of the exact location to
which the animal[0] will be relocated and provides the animal[0]
registration agency, with respect to the new location, the
information required by Section 822.104.
(b) Within 10 days after the death, sale, or other
disposition of the animal[0], the owner of the animal[0] shall notify the
animal[0] registration agency in writing of the death, sale, or other
disposition.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.110. ATTACK BY ANIMAL[0]; ESCAPE OF ANIMAL[0];
LIABILITY. (a) An owner of a dangerous wild animal[0] shall notify
the animal[0] registration agency of any attack of a human by the
animal[0] within 48 hours of the attack.
(b) An owner of a dangerous wild animal[0] shall immediately
notify the animal[0] registration agency and the local law enforcement
agency of any escape of the animal[0].
(c) An owner of a dangerous wild animal[0] that escapes is
liable for all costs incurred in apprehending and confining the
animal[0].
(d) An animal[0] registration agency, a law enforcement
agency, or an employee of an animal[0] registration agency or law
enforcement agency is not liable to an owner of a dangerous wild
animal[0] for damages arising in connection with the escape of a
dangerous wild animal[0], including liability for damage, injury, or
death caused by the animal[0] during or after the animal's[0] escape, or
for injury to or death of the animal[0] as a result of apprehension or
confinement of the animal[0] after escape.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.111. POWERS AND DUTIES OF BOARD; CAGING
REQUIREMENTS AND STANDARDS. (a) The board by rule shall
establish caging requirements and standards for the keeping and
confinement of a dangerous wild animal[0] to ensure that the animal[0] is
kept in a manner and confined in a primary enclosure that:
(1) protects and enhances the public's health and
safety;
(2) prevents escape by the animal[0]; and
(3) provides a safe, healthy, and humane environment
for the animal[0].
(b) An owner of a dangerous wild animal[0] shall keep and
confine the animal[0] in accordance with the caging requirements and
standards established by the board.
(c) An animal[0] registration agency may approve a deviation
from the caging requirements and standards established by the
board, only if:
(1) the animal[0] registration agency has good cause for
the deviation; and
(2) the deviation:
(A) does not compromise the public's health and
safety;
(B) does not reduce the total area of the primary
enclosure below that established by the board; and
(C) does not otherwise adversely affect the
overall welfare of the animal[0] involved.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.112. CARE, TREATMENT, AND TRANSPORTATION OF
ANIMAL[0]. (a) For each dangerous wild animal[0], the owner shall
comply with all applicable standards of the Animal[0] Welfare Act (7
U.S.C. Section 2131 et seq.) and its subsequent amendments and the
regulations adopted under that Act relating to:
(1) facilities and operations;
(2) animal[0] health and husbandry; and
(3) veterinary care.
(b) An owner of a dangerous wild animal[0] shall maintain a
separate written log for each dangerous wild animal[0] documenting the
animal's[0] veterinary care and shall make the log available to the
animal[0] registration agency or its agent on request. The log must:
(1) identify the animal[0] treated;
(2) provide the date of treatment;
(3) describe the type or nature of treatment; and
(4) provide the name of the attending veterinarian, if
applicable.
(c) When transporting a dangerous wild animal[0], the owner of
the animal[0], or a designated carrier or intermediate handler of the
animal[0], shall comply with all transportation standards that apply
to that animal[0] under the Animal[0] Welfare Act (7 U.S.C. Section 2131
et seq.) and its subsequent amendments or the regulations adopted
under that Act.
(d) A person is exempt from the requirements of this section
if the person is caring for, treating, or transporting an animal[0] 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[0] Welfare Act (7
U.S.C. Section 2131 et seq.) and its subsequent amendments.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.113. OFFENSE AND PENALTY. (a) A person commits
an offense if the person violates Section 822.103(a), Section
822.106, or Section 822.110(a) or (b). Each animal[0] with respect to
which there is a violation and each day that a violation continues
is a separate offense.
(b) A person commits an offense if the person knowingly
sells or otherwise transfers ownership of a dangerous wild animal[0]
to a person who does not have a certificate of registration for that
animal[0] as required by this subchapter.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.114. CIVIL PENALTY. (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[0] with respect to which
there is a violation and for each day the violation continues.
(b) The county or municipality in which the violation occurs
may sue to collect a civil penalty. A civil penalty collected under
this subsection may be retained by the county or municipality.
(c) The county or municipality in which the violation occurs
may also recover the reasonable costs of investigation, reasonable
attorney's fees, and reasonable expert witness fees incurred by the
animal[0] registration agency in the civil action. Costs or fees
recovered under this subsection shall be credited to the operating
account from which payment for the animal[0] registration agency's
expenditures was made.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.115. INJUNCTION. Any person who is directly
harmed or threatened with harm by a violation of this subchapter or
a failure to enforce this subchapter may sue an owner of a dangerous
wild animal[0] to enjoin a violation of this subchapter or to enforce
this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
§ 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
subchapter does not affect the applicability of any other law,
rule, order, ordinance, or other legal requirement of this state or
a political subdivision of this state.
(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[0].
Added by Acts 2001, 77th Leg., ch. 54, § 1, eff. Sept. 1, 2001.
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