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Texas

Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 822. Regulation of Animals. Subchapter C. County Registration and Regulation of Dogs.

Statute Details
Printable Version
Citation: V. T. C. A., Health & Safety Code 822.021 - 035

Citation: TX HEALTH & S 822.021 - 035


Last Checked by Web Center Staff: 11/2013

Summary:   Chapter 822, Sections .031 through .035 address the regulation of dogs.  Specifically, these provisions cover the registration requirements, prohibit unregistered dogs from running at large, and enumerate the treatment of dogs that attack other domestic animals.


Statute in Full:

 § 822.021. Application to Counties That Adopt Subchapter

 § 822.022. Petition for Election

 § 822.023. Notice

 § 822.024. Ballot Proposition

 § 822.025. Election Result

 § 822.026. Interval Between Elections

 § 822.027. Registration Tags and Certificate

 § 822.028. Registration Fee

 § 822.029. Disposition of Fee

 § 822.030. Registration Required; Exception for Temporary Visits

 § 822.031. Unregistered Dogs Prohibited from Running at Large

 § 822.032. Repealed by Acts 2003, 78th Leg., ch. 1002, § 2, eff. Sept. 1, 2003

 § 822.033. Renumbered as V.T.C.A., Health & Safety Code § 822.013 by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003

 § 822.034. Repealed by Acts 2003, 78th Leg., ch. 1002, § 2, eff. Sept. 1, 2003

 § 822.035. Criminal Penalty

 

 

§ 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).

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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."

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

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 animals 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.

CREDIT(S)

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.

CREDIT(S)

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.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

 

§ 822.032. Repealed by Acts 2003, 78th Leg., ch. 1002, § 2, eff. Sept. 1, 2003

 

§ 822.033. Renumbered as V.T.C.A., Health & Safety Code § 822.013 by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003

 

§ 822.034. Repealed by Acts 2003, 78th Leg., ch. 1002, § 2, eff. Sept. 1, 2003

 

§ 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.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

 

 



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