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
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.
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.
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.
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.
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 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 Health & Safety Code Sec. 822.003 by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997.
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.
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.
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.
SUBCHAPTER B.
DOGS
AND COYOTES THAT ARE A DANGER TO ANIMALS
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.
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.
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.
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. 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.
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. 822.035. 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.
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. 822.0411. 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.
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, acceptance, impoundment, or destruction of the
dog
. The governing body of the municipality or county may prescribe the amount of the fees.
(e) Subject to Subsection (e-1), 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.
(e-1) Notwithstanding any other law or local regulation:
(1) any order to destroy a
dog
is stayed for a period of 10 calendar days from the date the order is issued, during which period the
dog's
owner may file a notice of appeal; and
(2) a court, including a justice court, may not order the destruction of a
dog
during the pendency of an appeal under Section 822.0424.
(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; Acts 1999, 76th Leg., ch. 96, Sec. 1, eff. May 17, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 1436), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 899 (H.B. 3340), Sec. 1, eff. September 1, 2021.
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.
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.
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.
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.
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.
(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.
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 Chapter 1702, Occupations Code.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.809, eff. Sept. 1, 2001.
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.
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. In this subchapter:
(1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office.
(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(119), eff. April 2, 2015.
(3) "Commercial activity" means:
(A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature;
(B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or
(C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts.
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) any hybrid of an animal listed in this subdivision.
(4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal.
(6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals.
(7) "Primary enclosure" means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1599, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(119), eff. April 2, 2015.
Sec. 822.102. APPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to:
(1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity;
(2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act;
(3) an organization that is an accredited member of the Association of Zoos and Aquariums;
(4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment;
(5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
(6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if:
(A) the animal is used as an integral part of the circus performances; and
(B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States;
(7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state;
(8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university;
(9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act;
(10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments;
(11) a dangerous wild animal that is:
(A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the Association of Zoos and Aquariums for that species; and
(B) an integral part of that species survival plan; and
(12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity.
(b) This subchapter does not require a municipality that does not have an animal control office to create that office.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 31, eff. June 18, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1600, eff. April 2, 2015.
Sec. 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency.
(b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked.
(c) The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this subchapter. The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. The fees collected under this section may be used only to administer and enforce this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency.
(b) The application must include:
(1) the name, address, and telephone number of the applicant;
(2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal;
(3) the exact location where each animal is to be kept;
(4) a sworn statement that:
(A) all information in the application is complete and accurate; and
(B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and
(5) any other information the animal registration agency may require.
(c) An applicant shall include with each application:
(1) the nonrefundable fee;
(2) proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by Section 822.107;
(3) a color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed;
(4) a photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and
(5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments, a clear and legible photocopy of the license.
(d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian:
(1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and
(2) finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. (a) If the animal registration agency finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of Section 822.104 or, after inspection, that an applicant has not complied with this subchapter, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial.
(b) If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this subchapter, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation.
(c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. The decision of the county court or county court at law may not be appealed.
(d) The filing of an appeal of the denial or revocation of a certificate of registration under Subsection (c) stays the denial or revocation until the court rules on the appeal.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.106. DISPLAY OF CERTIFICATE OF REGISTRATION. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept.
(b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1601, eff. April 2, 2015.
Sec. 822.107. LIABILITY INSURANCE. An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.108. INSPECTION. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by Section 822.104.
(b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack.
(b) An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal.
(c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal.
(d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.111. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; CAGING REQUIREMENTS AND STANDARDS. (a) The executive commissioner by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that:
(1) protects and enhances the public's health and safety;
(2) prevents escape by the animal; and
(3) provides a safe, healthy, and humane environment for the animal.
(b) An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the executive commissioner.
(c) An animal registration agency may approve a deviation from the caging requirements and standards established by the executive commissioner, only if:
(1) the animal registration agency has good cause for the deviation; and
(2) the deviation:
(A) does not compromise the public's health and safety;
(B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and
(C) does not otherwise adversely affect the overall welfare of the animal involved.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1602, eff. April 2, 2015.
Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (a) For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act relating to:
(1) facilities and operations;
(2) animal health and husbandry; and
(3) veterinary care.
(b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. The log must:
(1) identify the animal treated;
(2) provide the date of treatment;
(3) describe the type or nature of treatment; and
(4) provide the name of the attending veterinarian, if applicable.
(c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments or the regulations adopted under that Act.
(d) A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.
(b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subchapter.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.114. CIVIL PENALTY. (a) A person who violates Section 822.103(a) is liable for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day the violation continues.
(b) The county or municipality in which the violation occurs may sue to collect a civil penalty. A civil penalty collected under this subsection may be retained by the county or municipality.
(c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.115. INJUNCTION. Any person who is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.
Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This subchapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state.
(b) This subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of a dangerous wild animal.
Added by Acts 2001, 77th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2001.