ORDER NO. ~18~'1
AppROVAL AND AUTHORIZATION OF COUNTY HEALTH
OFFICER TD ENFORCE ADDITIONAL ANIMAL CgNTROI_ LAWS
qn this the 8th day of Febr+aary 1994, +_ipon motion made by
Commissioner Lackey, seconded by Commissioner Lehman, the
Co+_trt +_tnanimo+asly approved lay a vote of 4-~-0, to a+_Ethori~e
the Kerr Co+_inty Enviromental Health Department as the Rabies
and Animal Control a+_~thority to enforce as applicable the
Texas Health and Safety Code Chapter 8:2 t excl+_~ding
S+_~bchapter C, sec.82~.0`1 - B".035) and the Texas penal Code
sec. 4~. 11 as presented to the Co+_-rt.
COMMISSfUNERS' COURT AGENiJA REQUEST
" PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: ~a. ~~~ L. ~.~. OFFiCE: Err vi roY, ~-ey~ ~~~ ~~
MEETING DATE: ~'e~~6• 9 ~ / 9951 TIME PREFERRED: ~• ~
SUBJECT: (PLEASE BE SPECIFIC): ~~~`iar~~'Z~~ ~ ...e~`Y~r~

EXECUTIVE SESSION REQUESTED: YES
PLEASE STATE REASON ~
N O _~
ESTIMATED LENGTH OF PRESENTATION: ~~ ~i~~ v7~-eS
PERSONNEL MATTER -NAME OF EMPLOYEE: ~~~
NAME OF PERSON ADDRESSING THE COURT:F~` ~r,~ ,O~y2D~ r~
Time for submitFing this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
i Meetings held on second Tuesday: 12:00 P.M. previous Wednesday
Meetings held on Thursdays : 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: ~
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of
Court meetings. Your cooperation will be appreciated and contribute towards your request
being addressed a# the earliest opportunity. See Agenda Request Guidelines.
E KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
°~ °, °~ ~~` Kerrville, Texas 78028
(210) 896-5101
T<): c`t:)\I~IISSIC)'.~`FRS C:Ot"RT
FRt~\I: D_~~'ID LIThE
SL`BJ~:CT: kl/C~t'FST TC) E~~c~RCE :-AND .~\II\7S"1'1-.R C)"1'HER .~\L~l.-~L. ['t ~ti~I'kt-~L
RLL:~TED L.~~~'S.
Since last t_)ctober «e have revie~ted the hpes of calls recei;•ed from the public for rabies and
animal control.
Due to the responses and expectations of the public. it is requested b~ the t`'omtnissioners ~'outl
authorization to enforce as applicable other portions of the Texas Health and Safeti• C'rxie.
tipeciticall~ Chapter 822 (eticluding subchapter C'. 822.1)21 - 822.i-3~). and the Texas Penal rode.
sec.. X2.11.
"these Statutes cover dangerous dogs, attac>vng dogs. and cntelh to animals. "I'hes4 topics often
01 erlap with thy. uru-estrained and bite calls ctie receiv;,.
tt~e «ill co-ordinate «ith the Sheriffs office for field responses rclatin~ to rabi:;s and animal
control. ~t~e ar. also de~•eloping a summons fot•tnat for use in filing cases cluicl:er•.
Suggested ~~ording for Commissioners C ours Order:
.-~uthorizaiion is granted to I~etY Counh• Environmental Health Department as the R.ib1CS anti
.animal ('ontrnl .~uthorit~• to enforce as applicable the 'TrtaS Health and Satet~. ('c~cie C'haptcr S?~
(eZCluding subchapter C, sec. 822.021 - 8?2.03~}anti the T'etas Pciial t'ode s~~. ~Z.l 1
Enclosed art the sul~iect lac~5 for ~•our reference.
:,~ Sheriff Raiser
cc .~ C file
~, Recycled Paper
TEXAS CRiMINAI LAWS
~'~ °r a member of his lami-
~ , , , ,,,r„nlt a felony against the person,
likely to alarm the person receive
~~ , i,~„i,t~riy, er to be false,
-,~ ,.nnveys, In a manner reasonably the convey
in ur
i ,1 t- i,,i,,,,~ ,~ false report, which is known y re eaiedly or makes
,n„U,~,, 1,,,,,nn has e"hone of another to ring°dPY I y'
mously or in a manner reasonably
r~11 causes the tel P
,rut}unications anony
abuse, torment, embarrass, or offend another;
,~~,,.,,t,~il t,,4 y,hu„P GO fails to hang up or
~~~~`;i,t"h`r~~rs~~ ~~~~11°totelphone call and intentionally
i~,i makes a
y''~" tite `'°nilrecermitsra telephone under his control to be use Y a
(g) knowing Y p °obscene" means
t, . • ,~~ to ccmmil an offense under this sechon.
I of this section,
ibl for proposes of Subsection (a)non of or a solicitation tcunn'rl nrgus,
1rauling a patently offensive descrip
sexual intercourse, masturbranction.
,.~n~ate sex act, inciu~ ~~ description of an exeretor~isdsmeanor.
Glass 8
jr,}latiq. or anllingus,
tc) An offense under this section is a
a An Individual commits an offense
ears in a p lace under the influence of alcoho or
pC Sec. 42.08, Public Inioxi uablio P (1 endanger himself
,, ,r„~, ,~,dividdal aPP to the degree That the individual may
•,tl,er substance,
„~ another. an Individual who comrelease anfind'veidual i ~.
ibI In lieu of arresting a eace officer may fs unnecessary
of this section, p enai facility
gun s~r.tion tai
lit the officer believes detention in a
~,: the protection of the individual or others; and ~eestoassumerespon-
l2} the indlvidual:
(At is released io the care of an adult who ag enden-
ti,l„I,ty f°r the individual; or treatment for ca ed bydfhe Texas
ig1 verbally consents to voluntary
licensed and aoPram admits the in-
oy in a program in a treatment iacil~buse, and the p 9
Commission on Alcohol and drug an individual arrested under
dividuai for treatment. release from custody
(cl A magistrate may
istrate delete i' undee Subsection (~ s the condition
coon II the mag b of this section.
this se b or (c1 of this sec.
requlsed for release in lieu of air not be considered by a
1d1 The release of an individual under Sub~a lion ( )
lion to an alcohol or drug treatment ping whether the individual should be
Ricer or magistrate in determining ent incident or arrest under this
peace ° ro ram for a suhseq
„~lr~asod to such a p 9
sect',en. enc orpo{iticalsubdivisionihateroPlerY
let A peace o1(icer and the ag Y
not be held liable for damage to persons or p P
th~~ pe=ice vNlcer may
,~~ ,Its from the actions of an indlvidual released undsr Sub afeohol or
1f+~rt rc~r
rosecution under this section that e
of Ic! nt this section.
eutic purposss and as a part
X11 It is a defense top a licensed physician.
~,tn,•, substance wasofessional med~ral treeapment by
1 An offense under this sec~o~ ~s not a lesser includ~a~~~ense o
r~f 1hr> +ndivldaal s p ed Statutes.
tg misdem
~~,, if,,nse under Article 6701 ,
1111 An ollense under this section is a Class G
.~-•--'-
§62.111 109
ect. (al A person commits an
PENAL CODE
PC Sec.42.09• Desecratf o° knowingly d oecrates: ;
ofiens ~'~ a P blicimonulmeni; or damage,
or burial. ~ sans deface,
(2) a place of worship "desecrate m
ur oses of this section, that the actor knows will seriously
(b) For P P mistreat in a way
or otherwisephYsically fo observe or discover a~otfenseunder
ore persons likely d ofthissection,
offend one or t as provided by Subsection () lace
(c) Excep eanor, of the third degree if a p
this section is a Class A misdem
(d1 An offense under this section is a felony
of worship or burial is desecrated.
erson commits an offense If, not
Abuse of Corpse. la) A p
PC $ec. 42.10• or knowinglY~ art, carries
law, he intentionally dissects, in whole or in p
authorized by disturbs, removes, cor se;
(1) disinters, offensive manner a human alp disinterred;
human corpse knowing if to be illeg Y
away, or treats in a seriously way traffics rn a human
(21 conceals a cor se or fn any
(3) sells or buys a human P
corpse; or s or procures to be transmitted or conveyed,
(q1 transmits or convey , misdemeanor.
cor se to a place outside the stafClass A
a human P
(b) An offense under this section r Aa arson commits an offense ii he
42.11. Cruelty to Anfmafs. (a) P
PC Sec.
intentionally or knowin9lY~ overworks an anim food, care, or shelter for
(1) tortures or seriously rovide necessary
12) sails unreasonably P
an animal m cruel manner;
an ant (31 apandonstunreasonably
nits or confines an animal in a other than cat-
(q) transp oison io an animal, al authority
151 kills, injures, or administers P to another without leg
oats, belonging
tie, horses, sheep, swins, or 9
effective consent; ht with another, or or in dog routs
or the owner's race training
(g) causes one animal to fib
(~ uses a live animal as a lure in dog
ing on a racetrack. rosecution under this section that the actor was
erimentation for scientific resear
(b) It is a defense to p
in bona fide exp means a domesU apes ntot
engaged "animal" Animal"
ur oses of this section~reviously captured.' tore was
(c) For P P creature p
ing creature and wild living wild creature whose cap
include an uncapfured wild creature or a
accomp conduct at issue under this sect on• 5 of this sec.
lished by Class A misdemeanor.
(d) An offense under this sechon rs
ro erty in the act of
rosecution under epon'stP nplall )
(e) p is a defense to P oats, sheep, cattle, horses,
tfon that the animal wurrn iscovered on t e ured the animal at the time
or killing the person's g
after inj g erson killsd or in)
or immediately and that the p
swine, or poultry
of this discovery. erson commits an offense if he intern
PC Sec. 42.111. Dog Fighting. la) A P
tionally or knowinglY~
§41111 TEXAS CRIMINAL LAWS PENAL CODE §43.02 111
i ~ au~,e~. ,r dny to fight with another dog;
~~ ~, pr~runiary benefit causes a dog 1o light with another dog;
~, 1~~~~h;.il,sles iii the earnings of or operates a facility used for dog
~a; uses or permits another to use any real estate, building, room, tent,
~,~ i~th~;; p~oparly for dog fighting;
'~l nwns :x trains a dog with the intent that the dog be used in an
n ni dng fighting, or
In1 attends as a spectator an exhibition of dog 1lghiing.
~,3 ~ In this section, "dog fighting" means any situation in which one dog
,~ '~ ~ ~,r fights with another dog.
;~ , A i•arty to an offense under Subdivision (2), (3), or (4) of Subsection
~~ : ~r ihi~~~ ser..lion may be required to furnish evidence or testify about the
~~ ~ I,ul rrr4y not be prosecuted for the offense about which he is required
i~nish residence or testify.
;~ i1 A conviction under Subdivision (2), (3), or (4) of Subsection (a) of this
~;~ ~ lion niay be had upon the uncorroborated testimony of a party to the
,',((n, ~, P.
tel If Is a defense to prosecution under Subdivision (1) or (2) of Subset-
. ~~ ; ~ ! ,!this section that the actor caused a dog to fight with another dog
t , t~l~~~t~-ct livestock, other property, or a person from the other dog, and for
~~ r~thi~r purpose.
It; An offense under Subdivision (1) or (5) of Subsection (a) of this sec-
t;,,, ~, •1 Class A misdemeanor. An offense under Subdivision (2), (3), or (4)
or ~Snhse+~tlnn (a(of this section is a felony of the third degree, An offense
rn;~i~~~ 5ut~~livisi~n (6) of Subsection (a) of this section is a Class C
=m°demeanor
recognized depiction of the flag of the United States or of this state and is
capable of being flown from a staff of any character or size. The term does
not include a representation of a flag on a written or pripted document, a
periodical, stationery, a painting or photograph, or an article of clothing or
jewelry.
(c) It is an exception to the application of this section that the act that
would otherwise constitute an offense is done in conformity with statutes
of the United States or o1 this state relating to the proper disposal of damaged
flags.
(d) An offense under this section is a Class A misdemeanor.
CHAPTER 43. PUBLIC INDECENCY
CHAPTER CONTENTS		PAGE
Subch. A	PROSTITUTION	
§43.01	Definitions ........................................... ..	......111
§43.02	Prostitution ............................... .............	......111
§43.03	PromolionofProstllution .................................	......112
§43.04	AggravaledPromolionclProstitution ......................	......112
§43.05	CompellingProslitution ..................................	......112
§43.06	Accomplice Witness: Testimony and Immunity .. ...........	......112
Subch.B	OBSCENITY	
§43.21	Definitions ..............................................	......112
§43,22	Obscene Display or Distribution ...........................	......113
§43.23	Obscenity ...................................... .......	......113
§43.24	Sale, Distribution, or Display of Harmlul Material to Minor....	......114
§43.25	Sexual Performance lrl a Child ............................	.... ..114
§43.251	Employment Harmlul to Minors ............................	......115
§43.26	Possession or Promotion of Child Pornography ..............	.. ...118
PC Sec. 42.12. Keeping Vicious Dog. (Repealed, eft. 9-1-91.)
PC Sec. 42.13. Interference with Emergency Communication. (a) A person
c~:nunhs an offense if the person intentionally, knowingly, recklessly, orwith
cnnlinal negligence interrupts, disrupts, impedes, or otherwise interferes with
the transmission of a communication over a citizen's band radio channel,
the purpose of which communication is to Inform or Inquire about an
emergency.
(b) In this section, "emergency" means a condition or circumstance in
which an individual is or is reasonably believed by the person transmitting
the cornmunicaiion to be in imminent danger of serious bodily injury or in
which property is or is reasonably believed by the person transmitting the
c«mmunication to be in imminent danger of damage or destruction.
Ic) An offense under this section is a Class B misdemeanor unless, as
a Iesult of the commission of the offense, serious bodily injury or property
I~;~.~, n, e,cess of $1,000 occurs, in which event the offense is a felony of the
thud dr;yree
PG Sec. 42.14. Destruction of Flag. (a) A person commits an offense if the
I„~r,;.n Intensionally or knowingly damages, defaces, mutilates, or burns the
U~~~; „I the united Slates or the State of Texas.
Ihl In this section, "flag" means an emblem, banner, or other standard
~~ ,; ~ ;,py of an emblem, standard, or banner that is an official or commonly
SUBCHAPTER A. PROSTITUTION
PC Sec. 43.01 Delinilions. In this subchapter:
(1) "Deviate sexual intercourse" means any contact between the
genitals of one person and the mouth or anus of another person.
(2) "Prostitution" means the offense defined in Section 43.02 of this
code.
(3) "Sexual contact" means any touching o1 the anus, breast, or any
part of the genitals of another person with intent to arouse or gratify the sex•
ual desire of any person.
(4) "Sexual conduct" Includes deviate sexual intercourse, sexual con-
tact, and sexual Intercourse.
(5) "Sexual intercourse" means any penetration of the female sex
organ by the male sex organ.
PC Sec. 43.02. Prostitution. (a) A person commits an offense if he
knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct
for a fee; or
(2) solicits another in a public place to engage with him In sexual con-
duct for hire.
(b) An offense Is established under Subsection (a-(1) of this section
u `~µ ; JyI~ ~, .,..~
CHAPTER 822. REGULATION OF ANIMALS
SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
Section	
822.001.	Seizure of a Dog Causing Death of Person.
822.002.	Hearing.
822.003.	Destruction of Dog.
822.004.	Provocation or Location of Attack Irrelevant.
[Sections 822.005 to 822.010 reserved for expansion]
SUBCHAPTER B. DOGS THAT ARE A DANGER TO ANIMALS
822.011. Certain Dogs Prohibited From Running at Large; Criminal Penalty
[Sections 822.012 to 822.020 reserved for expansion]
SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS
822.021. Application to Counties That Adopt Subchapter.
822.022. Petition for Election.
822.023. Notice.
822.024. Ballot Proposition.
822.025. Election Result.
822.026. Interval Between Elections.
822.027. Registration Tags and Certificate.
822.028. Registration Fee.
822.029. Disposition of Fee.
822.030. Registration Required; Exception for Temporary Visits.
822.031. Unregistered Dogs Prohibited From Running at Large.
822.032. Unmuzzled Dogs Prohibited From Running at Large.
822.033. Dogs That Attack Domestic Animals.
822.034. Protection of Domestic Animals.
822.035. Criminal Penalty.
SUBCHAPTER D. DANGEROUS DOGS
822.041. Definitions.
822.042. Requirements for Owner of Dangerous Dog.
822.043. Registration.
822.044. Attack by Dangerous Dog.
822.045. Violations.
822.046. Defense.
822.047. Local Regulation of Dangerous Dogs.
SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
§ 822.001. Seizure of a Dog Causing Death of Person
(a) A justice court or county court shall order the sheriff of the count}' <<~
seize a dog and shall issue a warrant authorizing the seizure:
436
~ULATIOhi OF A.tiIMAI
~~
(1) on the s~~~orn complc
or a peace officer, that t
attacking, biting, or mauli~
(2) on a showing of prc
death of the person as slat
(b) The sheriff shall seize
the impoundment of the dog
orders the disposition of the
Acts 1989, 71st Leg., ch. 678, §
Histi
Mor Laws:
Acts 1987, 70th Leg., ch. 471, § 3
Vernon's Ann.Civ.St. art. 192-4, §
Animals X68 et seq.
VVESTLAW Topic No. 28.
C.J.S. Animals §§ 192 to 199.
~ 822.002. Hearing
(a) The court shall seta t
caused the death of a person
hearing must be held not lat
warrant is issued.
(b) The court shall give w
to:
(1) the owner of the do
and
(2) the person who mac
(c) Any interested party,
Present evidence at the heal
(d) The court shall order
caused the death of a person
that finding is not made, the
(1) its owner;
(2) the person from wh
(3) any other person au
Acts 1989, 71st Leg., ch. 678, §
s v.T.c.a -~nn ana s~~y-~ e
~r
1. 'c-._,.:. ,., . a .a8e. #i_,~r .. .« , -' ~


,.,'.a'.mi. _r	

4 ~
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.s,. ~ .. ~' . a. 1 s Y 1~ 1
_x`..~...... ,:w.., ........ ......_. .,_ _ ~..__.~.~~.. ._.. _ _. _.,... ~, _.....~ua ~_t ~ a - - - ~.=.~w+~ --,i - -
	
	gEGULATION OF ANIMALS § 822.002
	Ch. 822
	(1) on the sworn complaint of any person, including the county attorney
DF ANIMALS	or a peace officer, that the dog has caused the death of a person by
	attacking, biting, or mauling the person; and
1ER TO PERSONS	(2) on a showing of probable cause to believe that the dog caused the
b		death of the person as stated in the complaint.
		(b) The sheriff 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.
)r ex ansion ~
P ]		,Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
GER TO ANIMALS		Historicai and Statutory 1liotes
		Prior Laws:
rge; Criminal Penalty.		Acts 1987, 70th Leg., ch. 471, § 3.
~r expansion]		Vernon's Ann.Civ.St. art. 192, § (a).
		Library References
REGULATION OF DOGS		
Animals X68 et seq.
		WESTLAW Topic No. 28.
`r•		C.J.S. Animals §§ 192 to 199.
		§ 822.002. Hearing
		(a) The court shall set a time for a hearing to determine whether the dog
		or mauling the person. The
biting
caused the death of a person by attacking
		,
,
hearing must be held not later than the 10th day after the date on which the
vary Visits. ~		warrant is issued.
at Large.		
t Large. ~		(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;
5 DOGS	!	and
(2) the person who made the complaint.
(c) Any interested party, including the county 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;
-NGER TO PERSONS
~ (2) the person from whom the dog was seized; or
'f Person (3) any other person authorized to take possession of the dog.
the sheriff of the county t° Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
the seizure:
~ s v.r.c.a. Heann ~ sa~ey-i a 437
1Y~.-f„W~W,,,..~IVte.Jli •. '" m.ci.{{.iJWi,.W$..r'~.~ll'....,~4 ~ _ <. ~_ .._ e - ~,
§ 822.002 HEALTH AVID SAFETY OF A1IIIMALS
Title 10
Historical and Statutory 1liotes
Prior Laws:
Acts 1987, 70th Leg., ch. 471, § 3.
Vernon's Ann.Civ.St. art. 192, §§ (b), (c).
§ 822.003. 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, § 1, eff. Sept. 1, 1989.
Historical and Statutory 1liotes
Prior Laws:
Acts 1987, loth Leg., ch. 471, § 3.
Vernon's Ann.Civ.St. art. 192, § (d).
§ 822.004. Provocation or Location of Attack Irrelevant
This subchapter applies to any dog that causes a person's death by attack-
ing, biting, or mauling the person, regardless of whether the dog was pro-
voked and regardless of where the incident resulting in the person's death
occurred.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Historical and Statutory 11lotes
Prior Laws:
Acts l9$7, 70th Leg., ch. 471, § 3.
Vernon's Ann.Civ.St. art. 192-4, § (e).
[Sections 822.005 to 822.010 reserved for expansion)
~a=.~,~; c; SUBCHAPTER B. DOGS THAT ARE A DANGER TO ANIMALS
§ 822.011. Certain Dogs Prohibited From Running at Large; Crimp
Penalty
;~~' . ~ ;~r, (a) The owner, keeper, or person in control of a dog that the owner, keePa~
~','< or person knows is accustomed to run, worry, or kill goats, sheep, or poW~
~ ~ may not permit the dog to run at large.
(b) A person who violates this section commits an offense. ~ offer
under this subsection is punishable by a fine of not more than ~1~•
438
~,
U1ID SAFETY OF ANIMq~ ~GULATI011i OF A1~iIMALS § 822.022
Title ip
Notes Ch. 822
apter must be performed by;
er or humane society who are
s; or
esponsible for animal control
~f animals.
Notes
tck Irrelevant
.es a person's death by attack-
of whether the dog was pro-
esulting in the person's death
Notes
~ed for expansion]
DANGER TO ANIMALS
Running at Large; Criminal
f a dog that the owner, keeper,
or kill goats, sheep, or poultry
tmits an offense. An offense
~f not more than $100.
(c) Each time a dog runs at large in violation of this section constitutes a
,~ parate offense.
lets 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
.acts 1923, 38th Leg., p. 201. Vernon's Ann.Civ.St. art. 192-2.
4'ernon's Ann.P.C.(1925) art. 1371.
[Sections 822.012 to 822.020 reserved for expansion]
SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS
§ 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.
lcts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Revisor's Note
In Hill v. Stone, 421 U.S. 289, 95 S.Ct. 1637 (1975), the United States
Supreme Court found that property ownership as a qualification for voting is
an unconstitutional denial of equal protection. For that reason, the revised
law omits the reference to "property taxpaying" voters.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6.
l'ernon's Ann.P.C.(1925) art. 1371 a.
Library References
Animals ~4.
WESTLAW Topic No. 28.
C.J.S. Animals §§ 11 to 14, 287 to 289.
§ 822.022. Petition for Election
(a) On receiving a petition signed by at least 100 qualified property taxpay-
ing voters of the county or a majority of the qualified property taxpaying
~~oters of the county, whichever is less, the commissioners court of a county
shall order an election to determine whether the registration of and registra-
tion 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, § 1, eff. Sept. 1, 1989.
439

§ 822.022 HEALTH AND SAFETY OF ANIMALS
Title 10
Revisor's Note
(1) In Hill v. Scone, 421 U.S. 289, 95 S.Ct. 1637 (1975), the United States
Supreme Court found that property ownership as a qualification for voting is
an unconstitutional denial of equal protection. However, the revised law
retains the reference to "taxpaying" voters in regard to petition signatures
because the Hill case and related decisions do not specifically address the
issue of qualifications for signing a petition. The revised law is drafted
accordingly.
(2) The election date established by Section 6 of the source law has been
superseded by Chapter 41, Election Code. That chapter establishes uniform
dates for state and local elections. Subsection (b) of the revised law is drafted
accordingly.
(3) The revised law substitutes the term "fee" for "tax" because "fee" is the
term used for charges connected with a regulatory scheme when the receipts
are not used for general governmental purposes.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § $.
Acts 1437, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6.
Vernon's Ann.P.C.(1925) art. 1371a.
§ 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, § 1, eff. Sept. 1, 1989.
Revisor's Note
The reference to the Election Code is added as a convenience for the reader.
The reference alerts the reader to another notice requirement applicable to the
election.
,. ~:., Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, 4 ~
x ' $~ Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6•
'~-_ ;~ Vernon's Ann.P.C.(1925) art. 1371a.
~~ ~,..
§ 822.024. Ballot Proposition
The ballot for an election under this subchapter shall be printed to pro'~~
for voting for or against the proposition: "Registration of and registrati°a
fee for dogs."
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
440
+1D SAFETY OF ANIMALS
Title 10
7 (1970, the Uniled States
a qualification for voting is
However, the revised law
gard to petition signatures
tot specifically address the
fhe revised law is drafted
~f the source law has been
:hapter establishes uniform
of the revised Iaw is drafted
~r "tax" because "fee" is the
y scheme when the receipts
Zotes
3, 63rd Leg., p. 995, ch. 399, § 5,
Ann.Civ.St. art. 192-3, § 6.
003, Election Code, notice of
bushed at least once in an
~n in the county. If there is
~culation in the county, the
at least one week before the
convenience for the reader.
~quirement applicable to the
Qotes
3, 63rd Leg., p. 995, ch. 399, § 5.
Ann.Civ.St. art. 192-3, § 6.
~r shall be printed to provide
;istration of and registration
.,~-
"~~
gF,GLiLATION OF ANIMALS § 822.026
Ch. 822
Revisor's Note
(1) The ballot propositions provided by Section 6 of the source law are
combined into one ballot proposition in the revised law to conform to
Sections 52.072 and 52.073, Election Code.
(2) The revised law substitutes the term "fee" for "tax" for the reason stated
in Revisor's Note (3) undcr Section 822.022.
Historical and Statutory Notes
prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6.
Vernon's Ann.P.C.(1925) art. 1371a.
§ 822.025. EIection 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 circula-
tion 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, § 1, eff. Sept. 1, 1989.
Historical and Statutory 1liotes
Prtor Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6.
Vernon's Ann.P.C.(1925) art. 1371a.
§ 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 m:ty 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, § 1, eff. Sept. 1, 1989.
Revisor's 1liote
The revised law substitutes the term "fee" for "tax" for the reason stated in
Revisor's Note (3) under Section 822.022.
441
t
A.
CC '
~ R ~ ~ ~ :'._ fit. ~. `. Il`x' ~! N ,}, d~ - , .
2 ~. :s • s
~y ..~ ~ ., 1~ i. ~ ~ :w y.; w.. a _ ~ i~... ~. nail ® ~ « r..-. a @..w...
§ 822.026 HEALTH AMID SAFETY OF ANIMALS
Title 10
Historical and Statutory Notes
Pr[or Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5_
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 6.
Vernon's Ann.P.C.(1925) art. 1371a.
§ 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, § 1, eff. Sept. 1, 1989.
Revisor's Note
The revised law is drafted to take into consideration the fact that, under
Chapter 194, Local Government Code, county records are often kept on
microfilm or by other photographic duplication instead of in books.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 495, ch. 399, § 5.
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, §§ 1, 4.
Vernon's Ann.P.C.(1925) art. 1371a.
§ 822.028. Registration Fee
(a} An owner of a dog registered under this subchapter must pay a registra-
tion fee of $1. Registration is valid for one year from the date of registration.
(b) 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, § 1, eff. Sept. 1, 1989.
Revisor's Note
The revised law substitutes the term "fee" for "tax" for the reason stated in
Revisor's Note (3) under Section 822.022.
442
~D SAFETY OF A11iI!4iAjS HEGULATIOI~i OF A1~IIMALS § 822.030
Title 10 ~ Ch• 822
otes Historical and Statutory I1lotes
S. 63rd Leg., p. 995, ch. 399, § ~ prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
1nn.Civ.St. art. 192-3, § 6. Acts 1937, 45th Leg., p. 1119, eh. 450. Vernon's Ann.Civ.St. art. 192-3, § 4.
~"ernon's Ann.P.C.(1925) art. 1371a.
§ 822.029. Disposition of Fee
furnish the county treasurer	(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:
iy and must be printed	(1) defray the cost of administering this subchapter in the county, includ-
or
he tags.	ing the costs of registration and the identification tags; and
ration number to each do	(2) reimburse the owner of any sheep, goats, calves, or other domestic
g
ler or person having control	animals or fowls killed in the county by a dog not owned by the person
>n certificate.	seeking reimbursement.
stration of a dog, including	(b) Reimbursement under Subsection (a)(2) shall be made on the order of
the dog. If the registration	the commissioners court only on satisfactory proof of the killing.
~y be permitted under other	(c) The commissioners court shall determine the amount and time of
purpose.	reimbursement. If there is insufficient money in the fund to reimburse all
dog's registration certificate	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, § 1, eff. Sept. 1, 1989.
:ration the fact that, under	Revisor's l~lote
-ecords are often kept on	The revised law substitutes the term "fee" for "tax" for the reason stated in
istead of in books.	Revisor's Note (3) under Section 822.022.
[otes	Historical and Statutory Aiotes
3, 63rd Leg., p. 995, ch. 399, § 5.	Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
Ann.Civ.St. art. 192-3, §§ 1, 4.	;lets 1937, 45th Le 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 4.
g•. P-
	l'ernon's Ann.P.C.(1925) art. 1371a.
	§ 822.030. Registration Required; Exception for Temporary Visits
chapter must pay a registea-	(a) The owner or person having control of a dog six months of age or older
From the date of registration.	in a county that has adopted this subchapter must register the dog not later
he owner may present the	than the 30th day after the date on which the proclamation is published or
the county to which the dog	adopted.
registration certificate. The
from the date of registration ~	(b) A dog brought into a county for nat more than 10 days for breeding
	purposes, trial, or show is not required to be registered.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
{ Historical and Statutory 1liotes
ax" for the reason stated in Prior Lava; Vernon's Ann.P.C.(1925) art. 1371 a.
Acts 1937, 45th Leg., p. 1119, ch. 450.
443
a ~~ ,
:°; ,;
1
~,
§ 822.030
HEALTH AND SAFETY OF ANIMALS
Title 10
Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
Vernon's Ann.Civ.St. art. 192-3, §§ 4, 6.
§ 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, § 1, eff. Sept. 1, 1989.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § S.
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 1.
Vernon's Ann.P.C.(1925) art. 1371 a.
Animals a47 to 49.
WESTLAW Topic No. 28.
C.J.S. Animals §§ 137, 138, 296.
Library References
822.032. Unmuzzled Dogs Prohibited From Running at Large
The owner of a dog in a county adopting this subchapter may not allow the
dog to run at large between sunset of one day and sunrise of the following
day unless the dog has a leather or metallic muzzle securely fastened about its
mouth that will effectively prevent the dog from killing or injuring sheep,
goats, calves, or other domestic animals or fowls.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Historical and Statutory Notes
Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § x
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 2•
Vernoris Ann.P.C.(1925) art. 1371a.
§ 822.033. Dogs That Attack Domestic Animals
(a) A dog that is attacking, is about to attack, or has recently atta~ed
sheep, goats, calves, or other domestic animals or fowls may be killed by ~
person witnessing or having knowledge of the attack. '
(b) A person who kills a dog as provided by this section is not liable ~
damages to the owner of the dog.
(c) A dog known or suspected of having killed sheep, goats, calves, or °~
domestic animals or fowls is a public nuisance. Any person may deta~ d.
444 ,',;~;`
.	~~...... .. _, _ ... _.. .., E. .. ~._ ~..3.,..~9..~ Ewe ...w _.l.~y_..... ..3a~~.~J
y .,r° ~
iAFETY OF A-'~IMAi~	REGULATION OF ANIMALS § 822.035
Title 10	Ch. 822
	impound the dog until the dog's owner is notified and all damage done by the
	~{og has been determined and paid to the proper persons.
unning at Large	(d) The owner of a dog that is known to have attacked sheep, goats, calves,
	or other domestic animals or fowls shall kill the dog. A sheriff, deputy
t six months of age in a	Sheriff, constable, police officer, magistrate, or county commissioner may
g to run at large unles	enter the premises of the owner of the dog and kill the dog if the owner fails
s	to do so.
>unty in which the dog	,acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
lion tag issued by the	Historical and Statutory 1liotes
	Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
	Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 3.
	Vernon's Ann.P.C.(1925) art. 1371a.
	Library References
Leg., p. 995, ch. 399, § 5,	Animals X52.
~.St. art. 192-3, § 1.	WESTLAW Topic No. 28.
	C.J.S. Animals §§ 274 to 293.
	§ 822.034. Protection of Domestic Animals
	The owner of any sheep, goats, calves, or other domestic animals that are
	subject to the ravages of sheep-killing dogs may place poison on the premises
	where the animals are kept. The owner must post notice of the poison at
ling at Large	each entrance to the premises before placing the poison.
Ater may not allow the	Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
zrise of the following	
rely fastened about its	Historical and Statutory 1liotes
ng or injuring sheep,	Prior Laws: Acts 1973, 63rd Leg., p. 995, ch. 399, § 5.
	Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 3.
	Vernon's Ann.P.C.(1925) art. 1371a.
	§ 822.035. Criminal Penalty
xg., p. 995, ch. 399, § 5.
it. art. 192-3, § 2.	
(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
as recently attacked	authorities to do so; or
may be killed by any	(3) violates this subchapter.
:ion is not liable for	(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,
oats, calves, or other	or both.
arson may detain or ~	Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
	445
t:.._ ._ .._._ .x_ . ~ ~. m ,_. _ .._ _., .. ~. ~ _ _. w ~ .
§ 822.035 HEALTH AND SAFETY OF ANIMALS
Title 10
Revisor's Note
The revised law substitutes the term "intentionally" for the source law term
"willfully" to conform to the terminology provided by the Penal Code.
Historical and Statutory Notes
Prior Laws: Acts 1973, bard Leg., p. 995, ch. 399, § 5.
Acts 1937, 45th Leg., p. 1119, ch. 450. Vernon's Ann.Civ.St. art. 192-3, § 5.
Vernon's Ann.P.C.(1925) art. 1371a.
Library References
Animals a57.
WFSTLAW Topic No. 28.
C.J.S. Animals §§ 169, 320 to 332.
Revisor's Note
(End of Subchapter)
(1) The provisions for preparing election returns, canvassing the election,
and preserving election returns established by Section 6 of the source law
have been omitted from the revised law because those provisions have been
superseded by Chapters 65-68, Election Code.
(2) The partial invalidity clause in Section 7 of the source law has been
omitted because the severability section of the Code Construction Act (Section
311.032, Government Code) and Section 312.013, Government Code, provide
for the severability of statutes.
SUBCHAPTER D. DANGEROUS DOGS
§ 822.041. Definitions
~"~,;=~.
~, .. r
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 is
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 ~
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 ~~
family.
(4) "Secure enclosure" means a fenced area or structure that is:
(A) locked;
446
1ND SAFETY OF A111IMAI,S	
KBGULATION OF ANIMALS
§ 822.043
Title 10	h. 822

ally" for the source l	(B) capable of preventing the entry of the general public, including
aw term
ed by the Penal Code.	children;
	(C} capable of preventing the escape or release of a dog;
Notes	(D) clearly marked as containing a dangerous dog; and
~3, 63rd Leg., p, 995, ch. 399, g 5	(E} in conformance with the requirements for enclosures established
.
> Ann,Civ.St. art. 192-3, § 5.	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, § I, eff. Sept, 1, 1991.
3	
	§ 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:
ns, canvassing the election,
ection 6 of the source law	
(1) register the dangerous dog with the animal control authority for the
those provisions have b	area in which the dog is kept;
een	(2} restrain the dangerous dog at all times on a leash in the immediate
~f the source law has be	control of a person or in a secure enclosure; and
en
e Construction Act (Section	(3) obtain liability insurance coverage or show financial responsibility in
Government Code, provide	an amount of at least X100,000 to cover damages resulting from an attack
	by the dangerous dog causing bodily injury to a person.
	(b) For purposes of this section, a person learns that the person is the
US DOGS	owner of a dangerous dog when:
	(1) the owner knows of an attack described in Section 822.041(2)(A); or
	(2) the owner is informed by the animal control authority that the dog is
	a dangerous dog.
unicipal or county animal	(c) If a person reports an incident described by Section 822.041(2), the
the dog is kept or a county	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, it shall notify the owner of that fact.
>n that causes bodily injury	(d) An owner, not later than the 30th day after the date the owner is
in which the dog was being	notified that a dog owned by the owner is a dangerous dog, may appeal the
nt the dog from leaving the	determination of the animal control authority to a justice or municipal court
	of competent jurisdiction. An owner may appeal the decision of the justice or
ether than an enclosure in	municipal court in the same manner as appeal for other civil cases.
asonably certain to prevent	Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
vn and those acts cause a	
11 attack and cause bodily	§ 822.043. Registration
s a member of the canine	(a) An animal control authority for the area in which the dog is kept shall
	annually register a dangerous dog if the owner:
'
"structure that is:	(1) presents proof of:
	(A) liability insurance or financial responsibility, as required by Sec-
	tion 822.042;
	447
Gs~. G~?L itli`. JL~~0. 5m a~ffi Edl #.~1 RM: .,.. «i.R :.Lo Bi a*a.. Yv' t f. ~. .. ..- .. ,..
§ 822.043 HEALTH A11iD SAFETY OF AI1iIMAI,S
Tide 10
(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 danger-
ous 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, § 1, eff. Sept. 1, 1991.
§ 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, unless the
attack causes serious bodily injury or death, in which event the offense is a
Class A 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 822.003.
(d) In addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty not to exceed $10,000. An
attorney having civil jurisdiction in the county or an attorney for a municipal•
ity where the offense occurred may file suit in a court of competent jurisdic•
tion to collect the penalty. Penalties collected under ihis subsection shall be
retained by the county or municipality.
s~<~: ~a,
Added by Acts 1991, 72nd Leg., ch. 916, § i, eff. Sept. 1, 1991.
Cross References
;~;` .; ; µ~, Punishment, Class C misdemeanor, see V.T.C.A. Penal Code, § 12.23.
§ 822.045. Violations
(a) A person who owns or keeps custody or control of a dangerous ~
commits an offense if the person fails to comply with Section 822~p42•
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991. '
448
D SAFETY OF A11IIM,~~
Title 1
rous dog; and
Brous dog will be kept; and
to the owner registering a
t place the tag on the dog's
.ells or moves the dog to a
cy after the date of the sale
for the area in which the
.Trent owner of the danger-
a fee of $25, the animal
tag to be placed on the
1 notify the office in which
e dangerous dog makes on
1991.
the owner of a dangerous
mother person outside the
ier person.
misdemeanor, unless the
iich event the offense is a
der this section, the court
n listed in Section 822.003.
t who commits an offense
of to exceed $10,000. An
i attorney for amunicipal-
~urt of competent jurisdic-
er this subsection shall be
1991.
i 2.23.
ntrol of a dangerous dog
ply with Section 822.042.
sdemeanor.
1991.
t RBGULATIOI~I OF A1~IIMALS
0 ~ Ch. 822
§ 822.047
j Cross References
i ~~tinishment, Class C misdemeanor, see V.T.C.A. Penal Code, § 12.23.
§ 822.046. Defense
(a) It is a defense to prosecution under Section 822.044 or Section 822.045
chat 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
the Private Investigators and Private Security Agencies Act (Article
' 4413(29bb), Vernon's Texas Civil Statutes).
a
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
§ 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, § 1, eff. Sept. 1, 1991.
449
--- KERR COUNTY
,~ ENV IRONI~~L;NTAL HEALTH DEPAR'' ~ M 'SENT
101 Spur 100
°°°~~ oc re` Kerrville, Texae 78028
(210) 896-5101
Tr >: ~ (~\ ~ IISSIO:~FRS COLT
FR(?\ I: D.~~'ID LITI~.E
SLBJECT: RE(1L.~ST Tc~ E\`p'URCE .~~~D .-~D\IIti"ISTER c=)1'HER ~\L11.aL ('c:)1-TRUE
RLL.~TED L.~~~'S.
Since last October «e have re~ie~t~ed the h-pes of calls receit•ed from the public for rabies anti
animal control.
Due to the responses and expectations of the public. it is requested by the Corrunissioners (`. oust
authorization to enforce as applicable other portions of the Telas Health and Safen• C ode.
spec.ificall~- Chapter 822 (elclu.lina subchapter C'. 822.OZI - 822.()3 ). and the Telas Penal t'ocie.
sec.12.11.
These statutes cover dangerous doi7s. attaclirtg dogs, anti cruelh• to animals. These topics olyen
of erlap «-ith the unrestrained and bite calls eve receive.
1t'e will co-ordinate c~ith the Sheriffs office for field responses relating to rabies ana anunl
„ontrol. ~~"e are also developing a summons format for use in films uses clui~ker.
SuJgested c~ ordina for ~. ornmissioners C. ourt Order:
.~uthurization is xanted to I~en• County Environmental Health Department as the Rabies and
.~*urnal Control .~uthorit~• to enforce as applicable the Teas Health anti Satet~.- Code Chapter 8?2
(zs~luding subchapter C, sec. 822.021 - 822.030 and the Te1as Penal t_'ode s~~. -12.1.1
En~iosed are the subject la«s for your reference.
;,~ Sheriff kaiser
c:: .a ~, file
zr Recycled Paper