Health and Safety Code
CHAPTER 826. RABIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 826.001. Short Title.
This chapter may be cited as the Rabies Control Act of 1981.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 1, eff. May 5,
1995.
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF BOARD AND LOCAL
GOVERNMENTS
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 2, eff. May 5,
1995.
SUBCHAPTER C. RABIES VACCINATIONS
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 3, eff. May 5,
1995.
Sec. 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 The Veterinary Licensing Act (Article 8890, Revised
Statutes) for the sole purpose of allowing that individual to
administer the rabies vaccine to that individual's own livestock.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 5, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 6, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER E. REPORTS AND QUARANTINE
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 7, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 8, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 9, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Added by Acts 1995, 74th Leg., ch. 44, Sec. 11, eff. May 5, 1995.
SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 12, eff. May 5,
1995.
Sec. 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 the minimum standards
adopted by the board for those facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 13, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, Sec. 14, eff. May 5,
1995.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989