reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter B. Disposition of Cruelly Treated Animals › Section 821.026. Conflict of Laws

Sec. 821.026.  CONFLICT OF LAWS.  In the event of a conflict between this subchapter and another provision of any other law relating to an appeal of a disposition regarding a cruelly treated animal, including the bond required for that appeal, this subchapter controls.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1278 (H.B. 963), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.051. Definitions

Sec. 821.051.  DEFINITIONS.  In this subchapter:
(1)  "Animal" has the meaning assigned by Section 821.001.
(2)  "Animal shelter" means a facility that collects, impounds, or keeps stray, homeless, abandoned, or unwanted animals.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(118), eff. April 2, 2015.
(4)  "Department" means the Department of State Health Services.
(5)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 23 (S.B. 360), Sec. 1, eff. May 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(118), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.052. Methods of Euthanasia

Sec. 821.052.  METHODS OF EUTHANASIA.  (a)  A person may euthanize a dog or cat in the custody of an animal shelter only by administering sodium pentobarbital.
(b)  A person may euthanize all other animals in the custody of an animal shelter, including birds and reptiles, only in accordance with the applicable methods, recommendations, and procedures set forth in the edition of the American Veterinary Medical Association Guidelines for the Euthanasia of Animals that is approved by the executive commissioner.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 23 (S.B. 360), Sec. 2, eff. May 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1594, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.053. Requirements for Use of Sodium Pentobarbital

Sec. 821.053.  REQUIREMENTS FOR USE OF SODIUM PENTOBARBITAL.  (a)  The executive commissioner by rule shall establish the requirements and procedures for administering sodium pentobarbital to euthanize an animal in the custody of an animal shelter.
(b)  A person may administer sodium pentobarbital to euthanize an animal in the custody of an animal shelter only in accordance with the requirements and procedures established by department rule.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1595, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.054. Requirements for Use of Commercially Compressed Carbon Monoxide

Sec. 821.054.  REQUIREMENTS FOR USE OF COMMERCIALLY COMPRESSED CARBON MONOXIDE.  (a)  The executive commissioner by rule shall establish:
(1)  standards for a carbon monoxide chamber used to euthanize an animal to which Section 821.052(b) applies; and
(2)  requirements and procedures for administering commercially compressed carbon monoxide to euthanize an animal to which Section 821.052(b) applies.
(b)  A person administering commercially compressed carbon monoxide to euthanize an animal to which Section 821.052(b) applies:
(1)  may use only a carbon monoxide chamber that meets the standards established by department rule; and
(2)  may administer the commercially compressed carbon monoxide only in accordance with the requirements and procedures established by department rule.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 23 (S.B. 360), Sec. 3, eff. May 10, 2013.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.055. Training for Euthanasia Technicians

Sec. 821.055.  TRAINING FOR EUTHANASIA TECHNICIANS.  (a)  A person may not euthanize an animal in the custody of an animal shelter unless the person has successfully completed, not more than three years before the date the person euthanizes the animal, a training course in the proper methods and techniques for euthanizing animals.  The training course curriculum must include:
(1)  the pharmacology, proper administration, and storage of euthanasia solutions;
(2)  federal and state law regulating the storage and accountability of euthanasia solutions;
(3)  euthanasia technician stress management;
(4)  proper restraint and handling of an animal during euthanasia;
(5)  the procedures for administering commercially compressed carbon monoxide to an animal;
(6)  techniques for verifying an animal's death;  and
(7)  the proper disposal of a euthanized animal.
(b)  The department must approve the sponsors and curriculum of the training course required by this section.
(c)  This section does not apply to a person licensed to practice veterinary medicine in this state.
(d)  Notwithstanding Subsection (a), an employee of an animal shelter is not required to have successfully completed the training course before the 120th day following the date of initial employment.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Jan. 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.056. Offense and Penalty

Sec. 821.056.  OFFENSE AND PENALTY.  (a)  A person commits an offense if the person violates this subchapter or a rule adopted under this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1596, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter C. Euthanasia of Animals › Section 821.057. Injunction

Sec. 821.057.  INJUNCTION.  A court of competent jurisdiction, on the petition of any person, may prohibit by injunction the substantial violation of this subchapter or a rule adopted under this subchapter.
Added by Acts 2003, 78th Leg., ch. 30, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1597, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter E. Unlawful Restraint of Dog › Section 821.101. Definitions

Sec. 821.101.  DEFINITIONS.  In this subchapter:
(1)  "Adequate shelter" means a sturdy structure:
(A)  that provides the dog protection from inclement weather; and
(B)  with dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position.
(2)  "Collar" means a band of material specifically designed to be placed around the neck of a dog.
(3)  "Harness" means a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog.
(4)  "Inclement weather" includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures.
(5)  "Owner" means a person who owns or has custody or control of a dog.
(6)  "Properly fitted" means, with respect to a collar or harness, a collar or harness that:
(A)  is appropriately sized for the dog based on the dog's measurements and body weight;
(B)  does not choke the dog or impede the dog's normal breathing or swallowing; and
(C)  does not cause pain or injury to the dog.
(7)  "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter E. Unlawful Restraint of Dog › Section 821.102. Unlawful Restraint of Dog; Offense

Sec. 821.102.  UNLAWFUL RESTRAINT OF DOG; OFFENSE.  (a)  An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:
(1)  adequate shelter;
(2)  an area that allows the dog to avoid standing water and exposure to excessive animal waste;
(3)  shade from direct sunlight; and
(4)  potable water.
(b)  An owner may not restrain a dog outside and unattended by use of a restraint that:
(1)  is a chain;
(2)  has weights attached;
(3)  is shorter in length 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; or
(4)  is attached to a collar or harness not properly fitted.
(c)  A person commits an offense if the person knowingly violates this section.  The restraint of each dog that is in violation is a separate offense.
(d)  An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the person has previously been convicted under this section.
(e)  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.
Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter E. Unlawful Restraint of Dog › Section 821.103. Exceptions

Sec. 821.103.  EXCEPTIONS.  (a)  Section 821.102 does not apply to:
(1)  the use of a restraint on a dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction;
(2)  the use of a restraint on a dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog;
(3)  the use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock;
(4)  the use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products;
(5)  a dog left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed;
(6)  a dog taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or
(7)  a dog restrained while the owner and dog are engaged in, or actively training for, hunting or field trialing.
(b)  Section 821.102(b)(3) does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision.
(c)  This subchapter does not prohibit a person from walking a dog with a handheld leash.
Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 821 - Treatment and Disposition of Animals › Subchapter E. Unlawful Restraint of Dog › Section 821.104. Effect of Subchapter on Other Law

Sec. 821.104.  EFFECT OF SUBCHAPTER ON OTHER LAW.  This subchapter does not preempt a local regulation relating to the restraint of a dog or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint of a dog if the regulation, ordinance, or requirement:
(1)  is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or
(2)  relates to an issue not specifically addressed by this subchapter.
Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.001. Definitions

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.
(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.
Amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.0011. Application to Certain Property

Sec. 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.0012. Animal Control Authority in Certain Municipalities

Sec. 822.0012.  ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of 1,380 or more but less than 1,600.
(b)  Notwithstanding the definition in Section 822.001(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department.
Added by Acts 2017, 85th Leg., R.S., Ch. 976 (S.B. 2283), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 113, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.002. Seizure of a Dog Causing Death of or Serious Bodily Injury to a Person

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 Health & Safety Code Sec. 822.001 and amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.004. Destruction of Dog

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 Health & Safety Code Sec. 822.003 by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.005. Attack by Dog

Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 822.004 and amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.006. Defenses

Sec. 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 a person with a disability 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1598, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter A. General Provisions; Dogs That Attack Persons or Are a Danger to Persons › Section 822.007. Local Regulation of Dogs

Sec. 822.007.  LOCAL REGULATION OF DOGS.  This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs.
Added by Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter B. Dogs and Coyotes That Are a Danger to Animals › Section 822.011. Definitions

Sec. 822.011.  DEFINITIONS.  In this subchapter:
(1)  "Dog or coyote" includes a crossbreed between a dog and a coyote.
(2)  "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code.
Added by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter B. Dogs and Coyotes That Are a Danger to Animals › Section 822.012. Certain Dogs and Coyotes Prohibited From Running at Large; Criminal Penalty

Sec. 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.
Added by Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 822.011 and amended by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter B. Dogs and Coyotes That Are a Danger to Animals › Section 822.013. Dogs or Coyotes That Attack Animals

Sec. 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.
Added by Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.021. Application to Counties That Adopt Subchapter

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.022. Petition for Election

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.023. Notice

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.024. Ballot Proposition

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.025. Election Result

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.026. Interval Between Elections

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.027. Registration Tags and Certificate

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.028. Registration Fee

Sec. 822.028.  REGISTRATION FEE.  (a)  An owner of a dog registered under this subchapter must pay a registration fee of $1. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount.
(b)  Registration is valid for one year from the date of registration.
(c)  If a dog is moved to another county, the owner may present the registration certificate to the county treasurer of the county to which the dog is moved and receive without additional cost a registration certificate.  The new registration certificate is valid for one year from the date of registration in the county from which the dog was moved.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 870, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.029. Disposition of Fee

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.030. Registration Required; Exception for Temporary Visits

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.031. Unregistered Dogs Prohibited From Running at Large

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter C. County Registration and Regulation of Dogs › Section 822.035. Criminal Penalty

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.041. Definitions

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.0411. Animal Control Authority in Certain Municipalities

Sec. 822.0411.  ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of 1,380 or more but less than 1,600.
(b)  Notwithstanding the definition in Section 822.041(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department.
Added by Acts 2017, 85th Leg., R.S., Ch. 976 (S.B. 2283), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 114, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.0421. Determination That Dog Is Dangerous

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, the animal control authority shall notify the owner in writing of the determination.
(b)  Notwithstanding any other law, including a municipal ordinance, 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.
(c)  To file an appeal under Subsection (b), the owner must:
(1)  file a notice of appeal of the animal control authority's dangerous dog determination with the court;
(2)  attach a copy of the determination from the animal control authority; and
(3)  serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.
(d)  An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424.
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 1436), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.0422. Reporting of Incident in Certain Counties and Municipalities

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.  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).
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 96, Sec. 2, eff. May 17, 1999.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.0423. Hearing

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.
(c-1)  The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(d)  An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by Section 822.0424.
Added by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 1436), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.0424. Appeal

Sec. 822.0424.  APPEAL.  (a)  A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request.
(b)  As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken.
(c)  Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal.
(d)  A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law.
(e)  Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 1436), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.043. Registration

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.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 822 - Regulation of Animals › Subchapter D. Dangerous Dogs › Section 822.044. Attack by Dangerous Dog

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.
(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., R.S., Ch. 669, Sec. 8, eff. September 1, 2007.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 8, eff. September 1, 2007.