HEALTH AND SAFETY CODE

 

TITLE 10.  HEALTH AND SAFETY OF ANIMALS

 

CHAPTER 822.  REGULATION OF ANIMALS

 

SUBCHAPTER D.  DANGEROUS DOGS

 

 Tex. Health & Safety Code §  822.041  (2002)

  

§  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. 

 

LexisNexis (TM) Notes:

 

TREATISES AND ANALYTICAL MATERIALS

 

1. 3 Tex Jur ANIMALS §  29, Texas Jurisprudence, 3rd Edition, Animals, §  29 Dangerous dogs, Copyright 2002 West Group

 

2. 19-310 Dorsaneo, Texas Litigation Guide §  310.201, Dorsaneo, Texas Litigation Guide, Unit VII Pleadings in Personal Injury Litigation, §  310.201 Texas Statutes and Rules, Copyright 2002, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

 

3. 1-1 Texas Torts and Remedies §  1.02, Texas Torts and Remedies, Division I PRINCIPLES OF LIABILITY, §  1.02 '"Negligence" as Measure of Fault, Copyright 2002, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

 

HEALTH AND SAFETY CODE

 

TITLE 10.  HEALTH AND SAFETY OF ANIMALS

 

CHAPTER 822.  REGULATION OF ANIMALS

 

SUBCHAPTER E.  DANGEROUS WILD ANIMALS

 

Tex. Health & Safety Code §  822.110  (2002)

  

§  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.