DETERMINATION THAT DOG IS DANGEROUS. Amended by Acts 1993, 73rd Leg., ch. The destruction of a dog under this subchapter must be performed by: (2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or. 1, eff. Sept. 1, 2003. (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. Added by Acts 2017, 85th Leg., R.S., Ch. List the number or year of the volume in which the statute appears. Sec. 99, Sec. 678, Sec. PRIMARY HEALTH CARE CHAPTER 32. Capitalize the first letter of each word in the title, with the exception of articles, prepositions and conjunctions with less than four letters. 1512, Sec. Do you have an opinion about this solution? Many codes are published in two editions - the official edition and an annotated edition with notes about related cases and articles. 822.011. Sept. 1, 1989. (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. and (4)(a) are all outline levels, but (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 attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a patient. 3.1355, eff. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. The following section was amended by the 88th Legislature. Food, Drugs, Alcohol, and Hazardous Substances, Mental Health and Intellectual Disability, Civil Commitment of Sexually Violent Predators, Environmental, Health, and Safety Audit Privilege Act, Lawyer Referral & Information Service (LRIS). Sept. 1, 1997. (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. 1, eff. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. Citing Sources Home Statutes and Codes Statutes are published in books called codes, which present laws for a particular jurisdiction arranged by subject. 571.017. Sept. 1, 1991. (c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing. TREATMENT METHODS. (f) If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation. (a) Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located. (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. Sec. Amended by Acts 2001, 77th Leg., ch. (b) The penalty for a violation may be in an amount not to exceed $25,000. HEALTH AND SAFETY CODE TITLE 7. Added by Acts 1991, 72nd Leg., ch. 1889), Sec. FILING REQUIREMENTS. For example: Virg. (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. (a-1) No civil, criminal, or administrative cause of action exists against a person described by Section 611.001 (Definitions) (2)(A) or (B) for the disclosure of confidential information in . 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. (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. (11) "Local mental health authority" means an entity to which the executive commissioner delegates the executive commissioner's authority and responsibility within a specified region for planning, policy development, coordination, including coordination with criminal justice entities, and resource development and allocation and for supervising and ensuring the provision of mental health services to persons with mental illness in the most appropriate and available setting to meet individual needs in one or more local service areas. 678, Sec. Sec. METHOD OF GIVING NOTICE. MATERNAL AND INFANT HEALTH IMPROVEMENT CHAPTER 33. (B) operated by a federal agency that is equipped to provide inpatient care and treatment for persons with mental illness. 1.01, eff. 3340), Sec. 1420, Sec. 96, Sec. (c) The person receiving process, not later than the third day after its receipt, shall forward it by registered mail to the patient's legal guardian or personally deliver it to the patient, whichever appears to be in the patient's best interest. Vernon's Annotated Revised Civil Statutes of the State of Texas also includes four independent codesthe Business Corporations Act, Code of Criminal Procedure, Insurance Code and Probate Code that have been codified, but not moved to the Annotated Code. 1, eff. Sec. 770, Sec. Sec. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. Chapter 137 of the Texas Civil Practice and Remedies Code September 1, 2015. September 1, 2015. 96, Sec. (2) pays an annual registration fee of $50. Sec. 181.001. Sept. 1, 2003. SUBCHAPTER A. September 1, 2021. Federal Rules of Appellate Procedure; Federal Rules of Civil Procedure; Federal Rules of Criminal Procedure; Federal Rules of Evidence; Federal Rules of Bankruptcy Procedure; U.C.C. 6.45, eff. The least restrictive appropriate setting for the treatment of a patient is the treatment setting that: (2) provides the patient with the greatest probability of improvement or cure; and. 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. REGISTRATION. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. 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). Sec. Sec. MENTAL HEALTH AND INTELLECTUAL DISABILITY SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND MENTAL RETARDATION CHAPTER 611. Title 12. Statutes Title 4, Health Facilities. 219), Sec. (b) The county or municipality in which the violation occurs may sue to collect a civil penalty. (e) The state shall pay the cost of transporting a discharged or furloughed patient to the patient's home or of returning a patient absent without authority unless the patient or someone responsible for the patient is able to pay the costs. 219), Sec. Sec. SUBCHAPTER B. September 1, 2021. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. CIVIL PENALTY. Sept. 1, 1991. LIABILITY INSURANCE. 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. 3.1358, eff. Sept. 1, 1991. Code. List the name of the statute, followed by a period. 3.1357, eff. (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. 822.001 and amended by Acts 1997, 75th Leg., ch. (b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that: (1) the use, inspection, or copying is justified and in the public interest; or. Sec. 2026), Sec. 1, eff. Sec. COMPENSATION OF COURT-APPOINTED PERSONNEL. 1 (S.B. Added by Acts 1991, 72nd Leg., ch. (2) has fastened about its neck a dog identification tag issued by the county. 669 (H.B. 1, eff. (4) was (a) The facility administrator or the superintendent, supervisor, or manager of an inpatient mental health facility is the agent for service of process on a patient confined in the facility. 27, eff. Leg. Amended by Acts 2003, 78th Leg., ch. (5-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Health and Mental Health. If that finding is not made, the court shall order the dog released to: (2) the person from whom the dog was seized; or. Based in southern Virginia, Kristy Robinson has been writing for various websites since 2008. Amended by Acts 1995, 74th Leg., ch. The appropriate attorney prescribed by Section 571.016 shall represent the state. The governing body of the municipality or county may prescribe the amount of the fees. Close this portion of the citation with a period. 1 (S.B. (c) A reciprocal agreement entered into by the department under Subsection (b) must require the department to develop a process for returning persons committed to mental health facilities to their state of residence. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989. (A) the conditions the medications are commonly used to treat; (B) the beneficial effects on those conditions generally expected from the medications; (C) side effects and risks associated with the medications; (D) commonly used examples of medications of the major type; and. 822.005. (F) a physician assistant licensed to practice in this state who has expertise in psychiatry or is currently working in a mental health facility. 166.090. 1, eff. to aide readability. 4, eff. September 1, 2007. Search by Keyword or Citation. (b) In this chapter: Sec. 14.809, eff. Environmental, Health, and Safety Audit Privilege Act. 669, Sec. 1889), Sec. September 1, 2013. September 1, 2021. (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. Code ch. Sec. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. The costs shall be billed by the clerk of the court conducting the hearings. TEXAS MENTAL HEALTH CODE INFORMATION PROGRAM. Renumbered from Health & Safety Code Sec. (a) The department may return a nonresident patient committed to a department mental health facility or other mental health facility under Section 571.0081 to the proper agency of the patient's state of residence. (2) the commissioners court of the county authorizes the payment, if appropriate. (f) A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund. Sec. (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. (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. Jan. 1, 2004. 822.011 and amended by Acts 2003, 78th Leg., ch. Code ch. (C) does not otherwise adversely affect the overall welfare of the animal involved. Source law: Health and Safety Code, Chapter 822, Subchapter C. Scope: Subchapter C authorizes certain counties, after petition and an election, to adopt a dog registration program, impose a registration fee between $1 and $5, and prohibit an unregistered or untagged dog over the age of 6 months from running at large. (3) the minimum term of imprisonment specified by Section 481.112 (f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.
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