Health and Safety Code
CHAPTER 822. REGULATION OF ANIMALS
SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
Sec. 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.
Amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1,
1997.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code Sec. 822.001 and
amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1,
1997.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code Sec. 822.002 and
amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1,
1997.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code Sec. 822.003 by
Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
Sec. 822.005. Provocation or Location of Attack Irrelevant.
Except as provided by Section 822.003(f), this subchapter
applies to any dog that causes a person's death or serious bodily
injury by attacking, biting, or mauling the person, regardless of
whether the dog was provoked and regardless of where the incident
resulting in the person's death or serious bodily injury
occurred.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code Sec. 822.004 and
amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1,
1997.
SUBCHAPTER B. DOGS THAT ARE A DANGER TO ANIMALS
Sec. 822.011. Certain Dogs Prohibited From Running at Large; Criminal
Penalty.
(a) The owner, keeper, or person in control of a dog that the
owner, keeper, or person knows is accustomed to run, worry, or
kill goats, sheep, or poultry may not permit the dog 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 runs at large in violation of this section
constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS
Sec. 822.021. Application to Counties That Adopt Subchapter.
This subchapter applies only to a county that adopts this
subchapter by a majority vote of the qualified voters of the
county voting at an election held under this subchapter. This
subchapter shall not apply to any county or municipality that
enacts or has enacted registration or restraint laws pursuant to
Chapter 826 (Rabies Control Act of 1981).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 489, Sec. 1, eff. Aug. 28,
1995.
Sec. 822.022. Petition for Election.
(a) On receiving a petition signed by at least 100 qualified
property taxpaying voters of the county or a majority of the
qualified property taxpaying voters of the county, whichever is
less, the commissioners court of a county shall order an election
to determine whether the registration of and registration fee for
dogs will be required in the county.
(b) The election shall be held on the first authorized uniform
election date prescribed by the Election Code that allows
sufficient time to comply with other requirements of law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.023. Notice.
In addition to the notice required by Section 4.003, Election
Code, notice of an election under this subchapter shall be
published at least once in an English language newspaper of
general circulation in the county. If there is no English
language newspaper of general circulation in the county, the
notice shall be posted at the courthouse door for at least one
week before the election.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.024. Ballot Proposition.
The ballot for an election under this subchapter shall be
printed to provide for voting for or against the
proposition: "Registration of and registration fee for dogs."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.025. Election Result.
(a) If a majority of those voting at the election vote in favor
of the measure, the requirement that dogs be registered takes
effect in the county on the 10th day after the date on which the
result of the election is declared.
(b) The county judge shall issue a proclamation declaring the
result of the election if the vote is in favor of the measure.
The proclamation shall be published at least once in an English
language newspaper of general circulation in the county or, if
there is no English language newspaper of general circulation in
the county, the proclamation shall be posted at the courthouse
door.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.026. Interval Between Elections.
(a) If the result of an election is against the registration of
and registration fee for dogs, another election on that subject
may not be held for six months after the date of the election.
(b) If the result of an election is for the registration of and
registration fee for dogs, an election to repeal the registration
and fee may not be held for two years from the date of the
election.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.027. Registration Tags and Certificate.
(a) The commissioners court of a county shall furnish the
county treasurer the necessary dog identification tags.
(b) The tags must be numbered consecutively and must be printed
or impressed with the name of the county issuing the tags.
(c) The county treasurer shall assign a registration number to
each dog registered with the county and shall give the owner or
person having control of the dog the identification tag and a
registration certificate.
(d) The county treasurer shall record the registration of a
dog, including the age, breed, color, sex, and registration date
of the dog. If the registration information is not recorded on
microfilm, as may be permitted under other law, it shall be
recorded in a book kept for that purpose.
(e) If the ownership of a dog is transferred, the dog's
registration certificate shall be transferred to the new owner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.028. Registration Fee.
(a) An owner of a dog registered under this subchapter must pay
a registration fee of $1. Registration is valid for one year
from the date of registration.
(b) If a dog is moved to another county, the owner may present
the registration certificate to the county treasurer of the
county to which the dog is moved and receive without additional
cost a registration certificate. The new registration
certificate is valid for one year from the date of registration
in the county from which the dog was moved.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.030. Registration Required; Exception for Temporary Visits.
(a) The owner or person having control of a dog six months of
age or older in a county that has adopted this subchapter must
register the dog not later than the 30th day after the date on
which the proclamation is published or adopted.
(b) A dog brought into a county for not more than 10 days for
breeding purposes, trial, or show is not required to be
registered.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.031. Unregistered Dogs Prohibited From Running at Large.
The owner or person having control of a dog at least six months
of age in a county adopting this subchapter may not allow the dog
to run at large unless the dog:
(1) is registered under this subchapter with the county in
which the dog runs at large; and
(2) has fastened about its neck a dog identification tag
issued by the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.032. Unmuzzled Dogs Prohibited From Running at Large.
The owner of a dog in a county adopting this subchapter may not
allow the dog to run at large between sunset of one day and
sunrise of the following day unless the dog has a leather or
metallic muzzle securely fastened about its mouth that will
effectively prevent the dog from killing or injuring sheep,
goats, calves, or other domestic animals or fowls.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.033. Dogs That Attack Domestic Animals.
(a) A dog that is attacking, is about to attack, or has
recently attacked sheep, goats, calves, or other domestic animals
or fowls may be killed by any person witnessing or having
knowledge of the attack.
(b) A person who kills a dog as provided by this section is not
liable for damages to the owner of the dog.
(c) A dog known or suspected of having killed sheep, goats,
calves, or other domestic animals or fowls is a public nuisance.
Any person may detain or impound the dog until the dog's owner is
notified and all damage done by the dog has been determined and
paid to the proper persons.
(d) The owner of a dog that is known to have attacked sheep,
goats, calves, or other domestic animals or fowls shall kill the
dog. A sheriff, deputy sheriff, constable, police officer,
magistrate, or county commissioner may enter the premises of the
owner of the dog and kill the dog if the owner fails to do so.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.034. Protection of Domestic Animals.
The owner of any sheep, goats, calves, or other domestic
animals that are subject to the ravages of sheep-killing dogs may
place poison on the premises where the animals are kept. The
owner must post notice of the poison at each entrance to the
premises before placing the poison.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 822.035. Criminal Penalty.
(a) A person commits an offense if the person intentionally:
(1) fails or refuses to register a dog required to be
registered under this subchapter;
(2) fails or refuses to allow a dog to be killed when
ordered by the proper authorities to do so; or
(3) violates this subchapter.
(b) An offense under this section is a misdemeanor punishable
by a fine of not more than $100, confinement in the county jail
for not more than 30 days, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. DANGEROUS DOGS
Sec. 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.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, impoundment, and
destruction of the dog.
(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.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1,
1997.
Sec. 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.
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1,
1997.
Sec. 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.
(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. The court shall determine, after notice and
hearing as provided in Section 822.0423, whether the dog is a
dangerous dog.
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1,
1997.
Sec. 822.0423. Hearing.
(a) The court, on receiving a report of an incident under
Section 822.0422 or on application under Section 822.042(c),
shall set a time for a hearing to determine whether the dog is a
dangerous dog or whether the owner of the dog has complied with
Section 822.042. The hearing must be held not later than the
10th day after the date on which the dog is seized or delivered.
(b) The court shall give written notice of the time and place
of the hearing to:
(1) the owner of the dog or the person from whom the dog was
seized; and
(2) the person who made the complaint.
(c) Any interested party, including the county or city
attorney, is entitled to present evidence at the hearing.
(d) An owner or person filing the action may appeal the
decision of the municipal court, justice court, or county court
in the manner provided for the appeal of cases from the
municipal, justice, or county court.
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1,
1997.
Sec. 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.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Sec. 822.044. Attack by Dangerous Dog.
(a) A person commits an offense if the person is the owner of a
dangerous dog and the dog makes an unprovoked attack on another
person outside the dog's enclosure and causes bodily injury to
the other person.
(b) An offense under this section is a Class C misdemeanor,
unless the attack causes serious bodily injury or death, in which
event the offense is a Class A misdemeanor.
(c) If a person is found guilty of an offense under this
section, the court may order the dangerous dog destroyed by a
person listed in Section 822.003.
(d) In addition to criminal prosecution, a person who commits
an offense under this section is liable for a civil penalty not
to exceed $10,000. An attorney having civil jurisdiction in the
county or an attorney for a municipality where the offense
occurred may file suit in a court of competent jurisdiction to
collect the penalty. Penalties collected under this subsection
shall be retained by the county or municipality.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Sec. 822.045. Violations.
(a) A person who owns or keeps custody or control of a
dangerous dog commits an offense if the person fails to comply
with Section 822.042 or Section 822.0422(b) or an applicable
municipal or county regulation relating to dangerous dogs.
(b) Except as provided by Subsection (c), an offense under this
section is a Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor if
it is shown on the trial of the offense that the defendant has
previously been convicted under this section.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1,
1997.
Sec. 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 the Private Investigators and
Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
Civil Statutes).
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991.
Sec. 822.047. Local Regulation of Dangerous Dogs.
A county or municipality may place additional requirements or
restrictions on dangerous dogs if the requirements or
restrictions:
(1) are not specific to one breed or several breeds of dogs;
and
(2) are more stringent than restrictions provided by this
subchapter.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1,
1991