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Texas

Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 821. Treatment and Disposition of Animals; Chapter 822. Regulation of Animals; Chapter 823. Animal Shelters; Chapter 826. Rabies; Chapter 828. Dog and Cat Sterilization. Parks and Wildlife Code. Title 5. Wildlife and Plant Conservation. Subtitle B. Hunting and Fishing.

Statute Details
Printable Version
Citation: V.T.C.A., Health & Safety Code 821.076 - 081; 822.001 - 100; 823.001 - 009; 826.001 - 055; 828.001 - 015; V. T. C. A., Parks & Wildlife Code 62.0065 ; 62.016

Citation: TX HEALTH & S 821.076 - 081; 822.001 - 100; 823.001 - 009; 826.001 - 055; 828.001 - 015; TX PARKS & WILD 62.0065; 62.016


Last Checked by Web Center Staff: 11/2013

Summary:   These Texas statutes comprise the state's dog laws.  Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws.


Statute in Full:

Link to Chapter 802. Dog or Cat Breeders (TX OCC § 802.001 - 251)

HEALTH AND SAFETY CODE. TITLE 10. HEALTH AND SAFETY OF ANIMALS. CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS

SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG

§ 821.076. Definitions

§ 821.077. Unlawful Restraint of Dog

§ 821.078. Exceptions

§ 821.079. Penalty

§ 821.080. Disposition of Penalty

§ 821.081. Hand-held Leashes

CHAPTER 822. REGULATION OF ANIMALS

SUBCHAPTER A. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS.

§ 822.001. Definitions

§ 822.0011. Application to Certain Property

§ 822.002. Seizure of a Dog Causing Death of or Serious Bodily Injury to A Person

§ 822.003. Hearing

§ 822.004. Destruction of Dog

§ 822.005. Provocation or Location of Attack Irrelevant

§ 822.006. Defenses

§ 822.007. Local Regulation of Dogs

 SUBCHAPTER B. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS

§ 822.011. Definitions

§ 822.012. Certain Dogs and Coyotes Prohibited From Running at Large; Criminal Penalty

§ 822.013. Dogs or Coyotes That Attack Animals

SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS

§ 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

SUBCHAPTER D. DANGEROUS DOGS

§ 822.041. Definitions

§ 822.042. Requirements for Owner of Dangerous Dog

§ 822.0421. Determination That Dog is Dangerous

§ 822.0422. Reporting of Incident in Certain Counties and Municipalities

§ 822.0423. Hearing

§ 822.043. Registration

§ 822.044. Attack by Dangerous Dog

§ 822.045. Violations

§ 822.046. Defense

§ 822.047. Local Regulation of Dangerous Dogs

CHAPTER 823. ANIMAL SHELTERS.

§ 823.001. Definitions

§ 823.002. Exemption for Certain Counties, Clinics, and Facilities

§ 823.003. Standards for Animal Shelters; Criminal Penalty

§ 823.004. Personnel Training - § 823.004. Repealed by Acts 2007, 80th Leg., ch. 1331, § 6, eff. July 1, 2008

§ 823.005. Advisory Committee

§ 823.006. Repealed by Acts 2003, 78th Leg., ch. 30, § 2, eff. Sept. 1, 2003

§ 823.007. Injunction

§ 823.008. Enforcement by County

§ 823.009. Civil Penalty

CHAPTER 826. RABIES

SUBCHAPTER A. GENERAL PROVISIONS

§ 826.001. Short Title

§ 826.002. Definitions

SUBCHAPTER B. GENERAL POWERS AND DUTIES OF BOARD AND LOCAL GOVERNMENTS

§ 826.011. General Powers and Duties of Board

§ 826.012. Minimum Standards for Rabies Control

§ 826.013. Counties and Municipalities May Adopt Chapter

§ 826.014. Counties May Adopt Ordinances and Rules

§ 826.015. Municipalities May Adopt Ordinances or Rules

§ 826.016. Contracts

§ 826.017. Designation of Local Rabies Control Authority

SUBCHAPTER C. RABIES VACCINATIONS

§ 826.021. Vaccination of Dogs and Cats Required

§ 826.0211. Confidentiality of Certain Information in Rabies Vaccination Certificate; Criminal Penalty

§ 826.022. Vaccination; Criminal Penalty

§ 826.0221. Expired

§ 826.023. Use and Sale of Rabies Vaccine

§ 826.024. Use and Sale of Rabies Vaccine; Criminal Penalty

§ 826.025. Provision of Vaccine and Serum

SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS

§ 826.031. Registration of Dogs and Cats by Local Governments

§ 826.0311. Confidentiality of Certain Information in Dog and Cat Registry; Criminal Penalty

§ 826.032. Registration; Criminal Penalty

§ 826.033. Restraint, Impoundment, and Disposition of Dogs and Cats

§ 826.034. Restraint; Criminal Penalty

SUBCHAPTER E. REPORTS AND QUARANTINE

§ 826.041. Reports of Rabies

§ 826.042. Quarantine of Animals

§ 826.043. Release or Disposition of Quarantined Animal

§ 826.044. Quarantine; Criminal Penalty

§ 826.045. Area Rabies Quarantine

§ 826.0451. Expired

§ 826.046. Violation of Area Rabies Quarantine; Criminal Penalty

§ 826.047. Limitation on Liability

§ 826.048. Exemption From Quarantine Requirement for Police Service Animals

SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES

§ 826.051. Minimum Standards for Quarantine and Impoundment Facilities

§ 826.052. Inspections

§ 826.053. Hearing

§ 826.054. Suits to Enjoin Operation of Quarantine or Impoundment Facility

§ 826.055. Quarantine or Impoundment Facility; Criminal Penalty

CHAPTER 828. DOG AND CAT STERILIZATION.

§ 828.001. Definitions

§ 828.002. Requirements for Adoption

§ 828.003. Sterilization Agreement

§ 828.0035. State Board of Veterinary Medical Examiners

§ 828.004. Sterilization Required

§ 828.0045. Nonsurgical Sterilization

§ 828.005. Confirmation of Sterilization

§ 828.006. Letter Concerning Animal's Death

§ 828.007. Letter Concerning Lost or Stolen Animal

§ 828.008. Notice of Failure to Receive Letter

§ 828.009. Reclamation

§ 828.010. Criminal Penalty

§ 828.011. Adoption Standards

§ 828.012. Surgery and Other Veterinary Services

§ 828.013. Exemptions

§ 828.014. Animal Friendly Account

§ 828.015. Animal Friendly Advisory Committee

PARKS AND WILDLIFE CODE. TITLE 5. WILDLIFE AND PLANT CONSERVATION. SUBTITLE B. HUNTING AND FISHING. CHAPTER 62. PROVISIONS GENERALLY APPLICABLE TO HUNTING. SUBCHAPTER A. GENERAL PROVISIONS.

§ 62.0065. Hunting Deer With Dogs

§ 62.016. Competitive Hunting Dog Events

 

 

 

Chapter 821. Treatment and Disposition of Animals

Subchapter D. Unlawful Restraint of Dog

§ 821.076. Definitions

In this subchapter:

(1) “Collar” means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.

(2) “Owner” means a person who owns or has custody or control of a dog.

(3) “Properly fitted” means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch.

(4) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

§ 821.077. Unlawful Restraint of Dog

(a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement:

(1) between the hours of 10 p.m. and 6 a.m.;

(2) within 500 feet of the premises of a school; or

(3) in the case of extreme weather conditions, including conditions in which:

(A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit;

(B) a heat advisory has been issued by a local or state authority or jurisdiction; or

(C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(b) In this section, a restraint unreasonably limits a dog's movement if the restraint:

(1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog;

(2) is a length shorter than the greater of:

(A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or

(B) 10 feet;

(3) is in an unsafe condition; or

(4) causes injury to the dog.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

§ 821.078. Exceptions

Section 821.077 does not apply to:

(1) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;

(2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction;

(3) a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;

(4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog;

(5) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or

(6) a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

§ 821.079. Penalty

(a) A person commits an offense if the person knowingly violates this subchapter.

(b) A peace officer or animal control officer who has probable cause to believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

(c) A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.

(d) A person commits an offense if the person violates this subchapter and previously has been convicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor.

(e) If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.

(f) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

§ 821.080. Disposition of Penalty

Notwithstanding any other law, the clerk of a court that collects a penalty under this subchapter shall remit the penalty collected for deposit in the general fund of the county.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

§ 821.081. Hand-held Leashes

This subchapter does not prohibit a person from walking a dog with a hand-held leash.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 674, § 1, eff. Sept. 1, 2007.

 

Health and Safety Code.  Title 10. Health and Safety of Animals.  Chapter 822. Regulation of Animals.

Subchapter A. Dogs That Are a Danger to Persons.

§ 822.001. Definitions

In this Subchapter:

(1) “Animal control authority” means a municipal or county animal 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 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.

(3) “Dangerous dog,” “dog,” “owner,” and “secure enclosure” have the meanings assigned by Section 822.041.

(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.

CREDIT(S)

Amended by Acts 1997, 75th Leg., ch. 99, § 1, eff. Sept. 1, 1997; Acts 2007, 80th Leg., ch. 669, § 3, eff. Sept. 1, 2007.
 
 

§ 822.0011. Application to Certain Property

For purposes of this subchapter, a person's property includes property the person is entitled to possess or occupy under a lease or other agreement.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 669, § 4, eff. Sept. 1, 2007.

 

§ 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 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, 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 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.

CREDIT(S)

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, 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, 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, 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, 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.

CREDIT(S)

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 shelter or humane society who are trained in the humane destruction of animals; or

(3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.

CREDIT(S)

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. Attack by Dog

(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 motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or

(2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person.

(b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree.

(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.

(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.

CREDIT(S)

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; Acts 2007, 80th Leg., ch. 669, § 5, eff. Sept. 1, 2007.
 
 
 
§ 822.006. Defenses

(a) It is a defense to prosecution under Section 822.005(a) that the person is a veterinarian, a veterinary clinic employee, a peace officer, a person employed by a recognized animal shelter, or a person employed by this state or a political subdivision of this state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.

(b) It is a defense to prosecution under Section 822.005(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.

(c) It is a defense to prosecution under Section 822.005(a) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position.

(d) It is a defense to prosecution under Section 822.005(a) that the person is disabled and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability.

(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.

(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.

(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.

(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:
(1) a lawful hunting activity; or

(2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch.

(i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person:
(1) was in immediate control of the dog; or

(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.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 669, § 6, eff. Sept. 1, 2007.
 
 

§ 822.007. Local Regulation of Dogs

This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 669, § 6, eff. Sept. 1, 2007.


Chapter 822. Regulation of Animals

Subchapter B. Dogs and Coyotes That Are a Danger to Animals 

§ 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.

CREDIT(S)

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 animals, 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.

CREDIT(S)

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

(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

(2) the attacked animal's 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 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. 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 animals, or fowls shall control the dog or coyote in a manner approved by the local animal 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.

CREDIT(S)

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.

 

Chapter 822. Regulation of Animals

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).

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.

 

 

Chapter 822. Regulation of Animals

Subchapter D. Dangerous Dogs 

§ 822.041. Definitions

 In this subchapter:

(1) "Animal control authority" means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal 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 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 control authority.

(5) "Owner" means a person who owns or has custody or control of the dog.

CREDIT(S)

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 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

(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 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 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 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 control authority that the dog is a dangerous dog under Section 822.0421.

CREDIT(S)

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 control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal 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 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.

CREDIT(S)

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 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 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 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).

CREDIT(S)

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.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 99, § 2, eff. Sept. 1, 1997.

 

 

§ 822.043. Registration

(a) An animal 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 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 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 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.

CREDIT(S)

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.

(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 822.004.

(d) Repealed by Acts 2007, 80th Leg., ch. 669, § 8.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991. Amended by Acts 2007, 80th Leg., ch. 669, §§ 7, 8, eff. Sept. 1, 2007.

 

§ 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.

CREDIT(S)

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 shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals 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.

CREDIT(S)

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.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991. 

 

Health and Safety Code.  Title 10. Health and Safety of Animals.  Chapter 823. Animal Shelters.

§ 823.001. Definitions

In this chapter:

(1) "Animal shelter" means a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

(2) "Board" means the Texas Board of Health.

(3) "Commissioner" means the commissioner of health.

(4) "Department" means the Texas Department of Health.

CREDIT(S)

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

 

 

§ 823.002. Exemption for Certain Counties, Clinics, and Facilities

This chapter does not apply to:

(1) a county having a population of less than 75,000;

(2) a veterinary medicine clinic; or

(3) a livestock commission facility.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, § 280, eff. Sept. 1, 1991.

 

 

§ 823.003. Standards for Animal Shelters; Criminal Penalty

(a) Each animal shelter operated in this state shall comply with the standards for:

(1) housing and sanitation existing on September 1, 1982, and adopted under Chapter 826; and

(2) animal control officer training adopted under Chapter 829.

(b) An animal shelter shall separate animals in its custody at all times by species, by sex (if known), and if the animals are not related to one another, by size.

(c) An animal shelter may not confine healthy animals with sick, injured, or diseased animals.

(d) Each person who operates an animal shelter shall employ a veterinarian at least once a year to inspect the shelter to determine whether it complies with the requirements of this chapter and Chapter 829. The veterinarian shall file copies of the veterinarian's report with the person operating the shelter and with the department on forms prescribed by the department.

(e) The board may require each person operating an animal shelter to keep records of the date and disposition of animals in its custody, to maintain the records on the business premises of the animal shelter, and to make the records available for inspection at reasonable times.

(f) A person commits an offense if the person substantially violates this section. An offense under this subsection is a Class C misdemeanor.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 2007, 80th Leg., ch. 1331, § 2, eff. Sept. 1, 2007.
 
 

§ 823.004. Personnel Training - § 823.004. Repealed by Acts 2007, 80th Leg., ch. 1331, § 6, eff. July 1, 2008

 

 

§ 823.005. Advisory Committee

(a) The governing body of a county or municipality in which an animal shelter is located shall appoint an advisory committee to assist in complying with the requirements of this chapter.

(b) The advisory committee must be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization.

(c) The advisory committee shall meet at least three times a year.

CREDIT(S)

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

 

 

§ 823.006. Repealed by Acts 2003, 78th Leg., ch. 30, § 2, eff. Sept. 1, 2003

 

 

§ 823.007. Injunction

A court of competent jurisdiction may, on the petition of any person, prohibit by injunction the substantial violation of this chapter.

CREDIT(S)

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

 

 

§ 823.008. Enforcement by County

(a) A county may enforce this chapter.
(b) This section does not authorize a county to establish standards for operating an animal shelter.
 
(c) A county may not enforce this chapter at an animal shelter operated by a municipality.
CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 924, § 1, eff. June 19, 2009.
 
 
 
§ 823.009. Civil Penalty
 
(a) A person may not cause, suffer, allow, or permit a violation of this chapter or a rule adopted under this chapter.

(b) A person who violates this chapter or a rule adopted under this chapter shall be assessed a civil penalty. A civil penalty under this chapter may not be less than $100 or more than $500 for each violation and for each day of a continuing violation. This subsection does not apply at an animal shelter operated by a municipality.

(c) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted under this chapter, the county or municipality in which the violation occurs may institute a civil suit in district court for:

(1) injunctive relief to restrain the person from continuing the violation or threat of violation;

(2) the assessment and recovery of the civil penalty; or

(3) both injunctive relief and the civil penalty.

(d) A bond is not required in an action brought under this section.

CREDIT(S)
 
Added by Acts 2009, 81st Leg., ch. 924, § 1, eff. June 19, 2009.

 

Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 826. Rabies.

Subchapter A. General Provisions.

§ 826.001. Short Title

This chapter may be cited as the Rabies Control Act of 1981.

CREDIT(S)

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

 

 

§ 826.002. Definitions

In this chapter:

(1) "Animal" means a warm-blooded animal.

(2) "Board" means the Texas Board of Health.

(3) "Cat" means Felis catus.

(4) "Commissioner" means the commissioner of health.

(5) "Department" means the Texas Department of Health.

(6) "Dog" means Canis familiaris.

(7) "Epizootic" means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency.

(8) "Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine in one or more of the 50 states.

(9) "Quarantine" means strict confinement of an animal specified in an order of the board or its designee:

(A) on the private premises of the animal's owner or at a facility approved by the board or its designee; and

(B) under restraint by closed cage or paddock or in any other manner approved by board rule.

(10) "Rabies" means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.

(11) "Stray" means roaming with no physical restraint beyond the premises of an animal's owner or keeper.

(12) "Livestock" means an animal raised for human consumption or an equine animal.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 1, eff. May 5, 1995.

 

Subchapter B. General Powers and Duites of Board and Local Governments  

§ 826.011. General Powers and Duties of Board

(a) The board or its designee, with the cooperation of the governing bodies of counties and municipalities, shall administer the rabies control program established by this chapter.

(b) The board shall adopt rules necessary to effectively administer this chapter.

(c) The board or its designee may enter into contracts or agreements with public or private entities to carry out this chapter. The contracts or agreements may provide for payment by the state for materials, equipment, and services.

(d) Subject to any limitations or conditions prescribed by the legislature, the board 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.

(e) The board or its designee may compile, analyze, publish, and distribute information relating to the control of rabies for the education of physicians, veterinarians, public health personnel, and the public.

CREDIT(S)

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

 

 

§ 826.012. Minimum Standards for Rabies Control

 This chapter and the rules adopted by the board under this chapter are the minimum standards for rabies control.

CREDIT(S)

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

 

 

§ 826.013. Counties and Municipalities May Adopt Chapter

The governing body of a municipality or the commissioners court of a county may adopt this chapter and the standards adopted by the board.

CREDIT(S)

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

 

 

§ 826.014. Counties May Adopt Ordinances and Rules

(a) The commissioners court of a county may adopt ordinances or rules that establish a local rabies control program in the county and set local standards that are compatible with and equal to or more stringent than the program established by this chapter and the rules adopted by the board.

(b) County ordinances or rules adopted under this section supersede this chapter and the rules of the board within that county so that dual enforcement will not occur.

CREDIT(S)

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

 

 

§ 826.015. Municipalities May Adopt Ordinances or Rules

(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

(2) the program established by this chapter and the rules adopted by the board.

(b) Municipal ordinances or rules adopted under this section supersede ordinances or rules adopted by the county in which the municipality is located, this chapter, and the rules of the board within that municipality so that multiple enforcement will not occur.

CREDIT(S)

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

 

 

§ 826.016. Contracts

The governing body of a municipality and the commissioners court of a county may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter.

CREDIT(S)

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

 

 

§ 826.017. Designation of Local Rabies Control Authority

(a) The commissioners court of each county and the governing body of each municipality shall designate an officer to act as the local rabies control authority for the purposes of this chapter.

(b) Except as restricted by board 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.

(c) Among other duties, the local rabies control authority shall enforce:

(1) this chapter and the board rules that comprise the minimum standards for rabies control;

(2) the ordinances or rules of the municipality or county that the local rabies control authority serves; and

(3) the rules adopted by the board under the area rabies quarantine provisions of Section 826.045.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 2, eff. May 5, 1995.

 

 Subchapter C. Rabies Vaccinations

§ 826.021. Vaccination of Dogs and Cats Required

(a) Except as otherwise provided by board rule, the owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter as prescribed by board rule.

(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 board.

(c) A county or municipality may not register or license an animal that has not been vaccinated in accordance with this section.

CREDIT(S)

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

 

 

§ 826.0211. Confidentiality of Certain Information in Rabies Vaccination Certificate; Criminal Penalty

(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. 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.

(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. A governmental entity or person that receives the information, including a county or municipality that registers dogs and cats under Subchapter D [FN1], must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety.

(c) A person commits an offense if the person distributes information that is confidential under this section. An offense under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than 180 days; or

(3) both the fine and confinement.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 1069, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 1235, § 1, eff. Sept. 1, 2005; Acts 2007, 80th Leg., ch. 686, § 1, eff. June 15, 2007.

[FN1] V.T.C.A., Health & Safety Code § 826.031 et seq.

 

 

§ 826.022. Vaccination; Criminal Penalty

(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 board rules; or

(2) ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

(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.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 3, eff. May 5, 1995.

 

 

§ 826.0221. Expired

 

§ 826.023. Use and Sale of Rabies Vaccine

(a) Rabies vaccine for animals may be administered only by or under the direct supervision of a veterinarian.

(b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in this state unless the person is:

(1) licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine; or

(2) practicing veterinary medicine on an installation of the armed forces or National Guard.

(c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the veterinarian.

(d) This section does not prohibit a pharmacy licensed by the Texas State Board of Pharmacy from supplying rabies vaccine for animals to a licensed veterinarian.

(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.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 5, eff. May 5, 1995; Acts 2001, 77th Leg., ch. 1420, § 14.810, eff. Sept. 1, 2001.

 

 

§ 826.024. Use and Sale of Rabies Vaccine; Criminal Penalty

(a) A person commits an offense if the person:

(1) administers or attempts to administer rabies vaccine in a manner not authorized by Section 826.023;

(2) dispenses or attempts to dispense rabies vaccine in a manner not authorized by Section 826.023; or

(3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c).

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

 

§ 826.025. Provision of Vaccine and Serum

(a) The department may provide vaccine and hyperimmune serum in accordance with board policies or procedures for the use and benefit of a person exposed, or suspected of having been exposed, to rabies.

(b) In accordance with board rules and eligibility standards, the department is entitled to be reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in providing the vaccine or serum.

(c) At the written request of the department, the attorney general or the county or district attorney for the county in which the recipient of the vaccine or serum resides may bring suit or start other proceedings in the name of the state to collect the reimbursement owed the department for the vaccine or serum.

(d) A suit or other proceeding may be brought against:

(1) the recipient;

(2) the parent, guardian, or other person legally responsible for the support of the recipient; or

(3) a responsible third party.

CREDIT(S)

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

 

 

Subchapter D. Registration and Restraint of Dogs and Cats 

§ 826.031. Registration of Dogs and Cats by Local Governments

(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.

(b) A dog or cat may not be subject to dual registration.

(c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and may retain the fees collected. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction.

CREDIT(S)

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

 

 

§ 826.0311. Confidentiality of Certain Information in Dog and Cat Registry; Criminal Penalty

(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. The information contained in the registry may not include the social security number or the driver's license number of the owner of the registered animal.

(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. A governmental entity or person that receives the information must maintain the confidentiality of the information, may not disclose the information under Chapter 552, Government Code, and may not use the information for a purpose that does not directly relate to the protection of public health and safety.

(c) A person commits an offense if the person distributes information that is confidential under this section. An offense under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than 180 days; or

(3) both the fine and confinement.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 1069, § 2, eff. Sept. 1, 1999. Amended by Acts 2007, 80th Leg., ch. 686, § 2, eff. June 15, 2007.
 
 
 

§ 826.032. Registration; Criminal Penalty

(a) A person commits an offense if:

(1) the person fails or refuses to register or present for registration a dog or cat owned by the person; and

(2) the animal is required to be registered under the ordinances or rules adopted under this chapter by a county or municipality within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

 

§ 826.033. Restraint, Impoundment, and Disposition of Dogs and Cats

(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 to require that:

(1) each dog or cat be restrained by its owner;

(2) each stray dog or cat be declared a public nuisance;

(3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee;

(4) each stray dog or cat be impounded for a period set by ordinance or rule; and

(5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period.

(b) A jurisdiction may not be subject to dual restraint ordinances or rules.

(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. The animal's owner must pay the fee before the animal may be released.

(d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 6, eff. May 5, 1995.

 

 

§ 826.034. Restraint; Criminal Penalty

(a) A person commits an offense if:

(1) the person fails or refuses to restrain a dog or cat owned by the person; and

(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) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

 

Subchapter E. Reports and Quarantine 

§ 826.041. Reports of Rabies

(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.

(b) The report must include:

(1) the name and address of the victim and of the animal's owner, if known; and

(2) any other information that may help in locating the victim or animal.

(c) The local rabies control authority shall investigate a report filed under this section.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 7, eff; May 5, 1995.

 

 

§ 826.042. Quarantine of Animals

(a) The board shall adopt rules governing the testing of quarantined animals and the procedure for and method of quarantine.

(b) The local rabies control authority or a veterinarian shall quarantine or test in accordance with board rules any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies.

(c) 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.

(d) The owner shall submit the animal to the local rabies control authority of the county or municipality in which the exposure occurs.

(e) A veterinarian shall quarantine an animal that:

(1) is in the possession of the veterinarian; and

(2) the veterinarian knows or suspects is rabid or has exposed an individual to rabies.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 8, eff. May 5, 1995.

 

 

§ 826.043. Release or Disposition of Quarantined Animal

(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

(2) the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense.

(b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. 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.

(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. The veterinarian or local rabies control authority may bring suit to collect those costs. 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.

(d) 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.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 9, eff. May 5, 1995.

 

 

§ 826.044. Quarantine; Criminal Penalty

(a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that:

(1) is required to be placed in quarantine or presented for testing under Section 826.042 and board rules; or

(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.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

 

§ 826.045. Area Rabies Quarantine

(a) If rabies is known to exist in an area, the board or its designee may declare an area rabies quarantine to prevent or contain a rabies epizootic.

(b) On the declaration that a quarantine exists, the board shall:

(1) define the borders of the quarantine area; and

(2) adopt permanent or emergency rules.

(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.

(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 board or its designee to declare a quarantine, unless the board or its designee, by declaration, removes the quarantine before that date.

(e) While the quarantine is in effect, the rules adopted by the board supersede all other applicable ordinances or rules applying to the quarantine area and apply until the board or its designee removes the quarantine by declaration or until the rules expire or are revoked by the board.

CREDIT(S)

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

 

 

§ 826.0451. Expired

 

 

§ 826.046. Violation of Area Rabies Quarantine; Criminal Penalty

(a) A person commits an offense if the person violates or attempts to violate a rule of the board adopted under Section 826.045 governing an area rabies quarantine.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

 

§ 826.047. Limitation on Liability

A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of wilful misconduct or gross negligence.

CREDIT(S)

Added by Acts 1995, 74th Leg., ch. 44, § 11, eff. May 5, 1995.

 

 

§ 826.048. Exemption From Quarantine Requirement for Police Service Animals

(a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code.

(b) A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority.

CREDIT(S)

Added by Acts 2001, 77th Leg., ch. 979, § 2, eff. Sept. 1, 2001.

 

 

Subchapter F. Quarantine and Impoundment Facilities 

§ 826.051. Minimum Standards for Quarantine and Impoundment Facilities

(a) The board shall adopt rules governing the types of facilities that may be used to quarantine animals.

(b) The board by rule shall establish minimum standards for impoundment facilities and for the care of impounded animals.

(c) In accordance with board rules, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 12, eff. May 5, 1995.

 

 

§ 826.052. Inspections

An employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with:

(1) the minimum standards adopted by the board for those facilities; and

(2) the requirements for animal control officer training adopted under Chapter 829.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 13, eff. May 5, 1995; Acts 2007, 80th Leg., ch. 1331, § 3, eff. Sept. 1, 2007.
 

§ 826.053. Hearing

(a) A person aggrieved by an action of the department in amending, limiting, suspending, or revoking any approval required of the department by this chapter may request a hearing before the department.

(b) The department shall conduct the hearing held under this section in accordance with Chapter 2001, Government Code and the department's formal hearing rules.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995.

 

 

§ 826.054. Suits to Enjoin Operation of Quarantine or Impoundment Facility

(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 board rules.

(b) The suit shall be brought in a district court in the county in which the facility is located.

(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. The county or municipality within whose jurisdiction the facility is located shall pay the cost of relocating the animals to an approved shelter.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 14, eff. May 5, 1995.

 

 

§ 826.055. Quarantine or Impoundment Facility; Criminal Penalty

(a) A person commits an offense if the person operates a facility for quarantined or impounded animals that fails to meet standards for approval established by:

(1) board rules; or

(2) ordinances or rules adopted under this chapter by a county or municipality.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

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

 

Health and Safety Code.  Title 10. Health and Safety of Animals.  Chapter 828. Dog and Cat Sterilization.

§ 828.001. Definitions

In this chapter:

(1) "New owner" means a person who is legally competent to enter into a binding contract and who is adopting a dog or cat from a releasing agency.

(2) "Releasing agency" means a public or private animal pound, shelter, or humane organization. The term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.

(3) "Sterilization" means the surgical removal of the reproductive organs of a dog or cat or the use of nonsurgical methods and technologies approved by the United States Food and Drug Administration or the United States Department of Agriculture to permanently render the animal unable to reproduce.

(4) "Veterinarian" means a person licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992. Amended by Acts 2005, 79th Leg., ch. 230, § 1, eff. May 27, 2005.

 

 

§ 828.002. Requirements for Adoption

Except as provided by Section 828.013, a releasing agency may not release a dog or cat for adoption unless the animal has been sterilized or the release is made to a new owner who signs an agreement to have the animal sterilized.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.003. Sterilization Agreement

(a) The sterilization agreement used by a releasing agency must contain:

(1) the date of the agreement;

(2) the names, addresses, and signatures of the releasing agency and the new owner;

(3) a description of the animal to be adopted;

(4) the sterilization completion date; and

(5) a statement, printed in conspicuous, bold print, that sterilization of the animal is required under Chapter 828, Health and Safety Code, and that a violation of this chapter is a criminal offense punishable as a Class C misdemeanor.

(b) The sterilization completion date contained in the sterilization agreement must be:

(1) the 30th day after the date of adoption in the case of an adult animal;

(2) the 30th day after a specified date estimated to be the date an adopted infant female animal becomes six months old or an adopted infant male animal becomes eight months old; or

(3) if the releasing agency has a written policy recommending sterilization of certain infant animals at an earlier date, the 30th day after the date contained in the written policy.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

§ 828.0035. State Board of Veterinary Medical Examiners

The State Board of Veterinary Medical Examiners shall:

(1) develop information sheets regarding surgical or nonsurgical sterilization to be distributed by a releasing agency to a new owner; and

(2) adopt rules requiring an animal that has been sterilized under this chapter to receive an identification marker in a manner authorized by the board.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 230, § 2, eff. May 27, 2005.

 

§ 828.004. Sterilization Required

(a) Except as provided by this section, a new owner who signs an agreement under Section 828.002 shall have the adopted animal sterilized on or before the sterilization completion date stated in the agreement.

(b) If the sterilization completion date falls on a Saturday, Sunday, or legal holiday, the deadline is extended to the first day that is not a Saturday, Sunday, or legal holiday.

(c) A releasing agency may extend the deadline for 30 days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. There is no limit on the number of extensions that may be granted under this subsection.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992. Amended by Acts 2005, 79th Leg., ch. 230, § 3, eff. May 27, 2005.

 

 

§ 828.0045. Nonsurgical Sterilization

A licensed veterinarian may use nonsurgical methods and technologies as labeled and approved by the United States Food and Drug Administration or the United States Department of Agriculture for use by veterinarians to humanely and permanently render a dog or cat unable to reproduce.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 230, § 4, eff. May 27, 2005.

 

 

§ 828.005. Confirmation of Sterilization

(a) Except as provided by Section 828.006 or 828.007, each new owner who signs a sterilization agreement under Section 828.002 shall deliver to the releasing agency from which the animal was adopted a letter signed by the veterinarian who performed the sterilization.

(b) The letter must be delivered in person or by mail not later than the seventh day after the date on which the animal was sterilized.

(c) The letter must state that the animal has been sterilized, briefly describe the animal, and provide the date of sterilization.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992. Amended by Acts 2005, 79th Leg., ch. 230, § 5, eff. May 27, 2005.

 

 

§ 828.006. Letter Concerning Animal's Death

(a) If an adopted animal dies on or before the sterilization completion date agreed to under Section 828.002, the new owner shall deliver to the releasing agency a signed letter stating that the animal is dead.

(b) The letter must be delivered not later than the seventh day after the date of the animal's death and must describe the cause of death, if known, and provide the date of death.

(c) The letter required by this section is in lieu of the letter required by Section 828.005.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.007. Letter Concerning Lost or Stolen Animal

(a) If an adopted animal is lost or stolen before the sterilization completion date agreed to under Section 828.002, the new owner shall deliver to the releasing agency a signed letter stating that the animal is lost or stolen.

(b) The letter must be delivered not later than the seventh day after the date of the animal's disappearance and must describe the circumstances surrounding the disappearance and provide the approximate date of the disappearance.

(c) The letter required by this section is in lieu of the letter required by Section 828.005.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.008. Notice of Failure to Receive Letter

A releasing agency that does not receive a letter under Section 828.005, 828.006, or 828.007 before the expiration of the seventh day after the sterilization completion date agreed to under Section 828.002 shall cause a complaint to be filed against the new owner. It is a presumption under this law that the failure of the new owner to deliver to the releasing agency a signed letter as required under Section 828.005, 828.006, or 828.007 is the result of the new owner's refusal to have the adopted animal sterilized. The new owner may rebut this presumption at the time of the hearing with the proof required under the above-mentioned sections.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.009. Reclamation

(a) A releasing agency that does not receive a letter under Section 828.005, 828.006, or 828.007 after the expiration of the seventh day after the sterilization completion date agreed to under Section 828.002 may promptly reclaim the animal from the new owner.

(b) A person may not prevent, obstruct, or interfere with a reclamation under this section.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.010. Criminal Penalty

(a) A new owner that violates this chapter commits an offense.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.011. Adoption Standards

(a) Each releasing agency may set its own standards for potential adopters if those standards are applied in a fair and equal manner.

(b) If the releasing agency is a public facility, the standards must be reasonably related to the prevention of cruelty to animals and the responsible management of dogs and cats in the interest of preserving public health and welfare.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992.

 

 

§ 828.012. Surgery and Other Veterinary Services

(a) Surgery or nonsurgical sterilization performed in accordance with this chapter must be performed by a veterinarian or a full-time student of an accredited college of veterinary medicine as provided by Chapter 801, Occupations Code.

(b) A veterinarian employed by a releasing agency may not perform nonemergency veterinary services other than sterilization on an animal that the releasing agency knows or should know has an owner. However, this subsection does not prevent a veterinarian employed by a releasing agency from performing veterinary services on an animal whose owner is indigent.

(c) A person associated with a releasing agency may not interfere with the independent professional judgment of a veterinarian employed by or under contract with the releasing agency.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.811, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 230, § 6, eff. May 27, 2005.

 

 

§ 828.013. Exemptions

This chapter does not apply to:

(1) a dog or cat that is claimed from a releasing agency by a person who already owns the animal;

(2) a releasing agency located in a municipality that has in effect an ordinance providing standards for dog and cat sterilization that exceed the requirements provided by this chapter;

(3) an institution of higher education that purchases or otherwise procures a dog or cat for the purpose of biomedical research, testing, or teaching; or

(4) a releasing agency located in:

(A) a county with a population of 20,000 or less; or

(B) a municipality with a population of 10,000 or less.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 373, § 1, eff. Jan. 1, 1992. Amended by Acts 1993, 73rd Leg., ch. 794, § 1, eff. June 18, 1993.

 

 

§ 828.014. Animal Friendly Account

(a) The Texas Department of Health animal friendly account is a separate account in the general revenue fund. The account is composed of:

(1) money deposited to the credit of the account under Section 502.291, Transportation Code; and

(2) gifts, grants, donations, and legislative appropriations.

(b) The Texas Department of Health administers the account. The department may spend money credited to the account only to:

(1) make grants to eligible organizations that sterilize animals owned by the general public at minimal or no cost; and

(2) defray the cost of administering the account.

(c) The Texas Board of Health:

(1) may accept gifts, donations, and grants from any source for the benefit of the account; and

(2) by rule shall establish guidelines for spending money credited to the account.

(d) In this section "eligible organization" means:

(1) a releasing agency;

(2) an organization that is qualified as a charitable organization under Section 501(c)(3), Internal Revenue Code, that has as its primary purpose:

(A) animal welfare; or

(B) sterilizing animals owned by the general public at minimal or no cost; or

(3) a local nonprofit veterinary medical association that has an established program for sterilizing animals owned by the general public at minimal or no cost.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 657, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1292, § 1, eff. June 16, 2001.

 

 

§ 828.015. Animal Friendly Advisory Committee

(a) The commissioner of public health shall appoint a seven-member animal friendly advisory committee, composed of:

(1) one person licensed to practice veterinary medicine in this state;

(2) one representative from a private releasing agency;

(3) one representative from a public releasing agency;

(4) one representative of an animal welfare organization;

(5) two representatives of the general public; and

(6) one representative from the Texas Department of Health.

(b) The commissioner shall designate one member as presiding officer of the committee.

(c) The committee shall:

(1) meet at least twice each year or as called by the commissioner of health;

(2) assist the Texas Board of Health in establishing guidelines for the expenditure of money credited to the animal friendly account; and

(3) review, and make recommendations to the Texas Department of Health on, applications submitted to the department for grants funded with money credited to the animal friendly account.

(d) Members of the committee serve without compensation and are not entitled to reimbursement for expenses. Members of the committee serve staggered four-year terms with the terms of as near one-half as possible of the members expiring on January 31 of each even-numbered year.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 657, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1292, § 2, eff. June 16, 2001.

 

 

Parks and Wildlife Code. Title 5. Wildlife and Plant Conservation. Subtitle B. Hunting and Fishing. Chapter 62. Provisions Generally Applicable to Hunting. Subchapter A. General Provisions.

§ 62.0065. Hunting Deer With Dogs

(a) Except as provided by Subsection (d), a person may not recklessly use a dog to hunt or pursue a deer in this state.

(b) Subject to Subsection (a), the commission by rule may prescribe the type of firearm that may be possessed during an open deer season by a person who is in actual or constructive possession of a dog while in the field on another person's land or property in Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, or Walker County.

(c) It is not a defense to prosecution under Subsection (a) or to prosecution for violation of a rule adopted under Subsection (b) that the defendant was not the owner or in immediate possession of the dog or that the offense or violation was committed without the effective consent of the dog's owner.

(d) The commission by rule may authorize the use of dogs to trail wounded deer.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 989, § 2, eff. Sept. 1, 2005.

 

§ 62.016. Competitive Hunting Dog Events

The department may permit a person to hold or participate in a competitive hunting dog field trial, in an area controlled by the department and designated by the commission as a public hunting area if:

(1) a participant in the event is prohibited from:

(A) using a firearm in the event; or

(B) taking the wildlife that is the object of the event; and

(2) the event does not deter other persons from hunting during a designated hunting season.

CREDIT(S)

Added by Acts 1995, 74th Leg., ch. 372, § 1, eff. Aug. 28, 1995.

 

 



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