ORDER NO. 27298
KERB COUNTY
RABIES RND RNIMAL CONTROL ORDER
On this the 22nd day of October 2Q~01, upon motion by
Commissioner ~r•iffin, seconded by Commissioner- Letz, the Court
unanimously approved by a vote 4-0-0, requesting that the
County Attorney review the cur•r•ent Ker•r• County Rabies and
Animal Control order for compliance with current law, and
par•ticular•ly the definition or meaning of "r•estr•ained" in
Section 4. 1.

COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Lang Griffin
MEETING DATE: October 22, 2001
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Conunissioner, Precinct 4
TIME PREFERRED:
Consider and discuss the Ken County "Rabies and Animal Control Order" and the defurition and
meaning of "restrained" in Section 4.1.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Griffin
Time for submitting this request for Court to assure that the matter is posted in accordance with Title
5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court.
The wording Section 4.1 (c) (2) of the Rabies and Animal Control Order (attached) is
somewhat ambiguously worded. It can be, and has been, interpreted to mean that an
animal owner or custodian is only required to have a dog or cat under "verbal" control
even when not on the property of the owner or custodian. It is not clear if that was the
intent of the court order. The ambiguity is created by the word "or" after the comma in
the sentence.
Several instances have been reported of dogs leaving the property of their owners or
custodians to attack other dogs which are properly leashed by their owners or
custodians and being walked on public road right of ways. A "verbal restraint" - if
attempted - is often too late to avoid injury to animals and people.
Logically, the intent of the order was to require animal owners or custodians to
physically restrain dogs or cats if the animal is not on the owner's or custodian's
roe (Section 4.1 (c) (1))
The order needs to be clarified or amended to reflect the court's correct intent.
•
ORDER NO. 24134
AP'P'ROVAL TO RMEND SECTION 4.3(b> OF THE
KERR CDUNTY RABIES AND RNIMAL CONTROL ORDER
On this the 11th day of August 1997, upon motion made
by Judge Denson, seconded by Commissioner Baldwin, the Coi_ir•t
unani~ously approved by a vote of 5-0-N, to amend Section
4.3tb) of the Kerr County Rabies and Rnimal Control Order
from 7c hours to 48 hour^s effective August 11, 1997.
ORDER N0. .=:0621
APPROVAL AND ADOF~TION OF F~ROF'OSED AMENDMENTS
TO THE RRBIES AND ANIMAL CONTROL ORDER
On this the 15th day of October 1991, upon motion made by
Commissioner Holekamp, seconded by Cemmissianer~ Lackey, the
Co~_ir•t unani~ously approved by a vote of 3-0-0, to adopt the
proposed revisions of the amendments to Rabies and Rnimal
Control Order.
PROPOSED REVISIONS TO
THE RABIES AND ANIMAL CONTROL ORDER
October 8, 1991
DELETIONS
1. The word boarding in definition of kennel, section 1(k).
2. Paragraph 2.1.2.(c) entirely.
3. Paragraph 3.1(c) entirely.
4. Paragraph 3.1(d) entirely.
5. The word however from paragraph 3.1(e).
6. The words a~ and veterinarian administration and from paragraph 3.1.(g).
7. Sentence 5.1.(a)(5).
8. The word and from 5.1.(a)(5).
9. Delete c. Veterinarians administration fee under registration fees of the
Appendix A.
10. Delete plus Vet Admin Fee from all items under Establishment Fees of the
Appendix A.
11. Delete entirely Adoption Fees Section under Appendix A.
ADDITIONS
1. Add `and Quarantine' in Impoundment Fees under Appendix A.
2. Add `and' after breeding, change or to `of' after selling in section 1(k).
1. Re-letter paragraphs in section 2.1.2, section 3.1.
RABIES AND ANIMAL CONTROL ORDER
WHEREAS, the danger of rabies presents a significant threat
to public health and safety, it is the desire of this Court to
establish regulations regarding the control of this deadly
disease;
WHEREAS, the Texas Health and Safety Code §826.013, §826.014,
and §826.031, provide the authority for such regulations, and
IT IS THEREFORE ORDERED that the Kerr County Rabies and Animal
Control Order is enacted and adopted as follows:
SECTION 1. DEFINITIONS.
As used in this Order:
(a) "Animal" means any live or dead mammal, domesticated or
wild.
(b) "Animal Establishment" means any pet shop, grooming shop,
animal auction, performing animal exhibition, kennel, or animal
shelter, except this term shall not include veterinary medical
facilities, licensed research facilities, facilities operated by
governmental agencies, or licensed animal dealers regulated by the
United States Department of Agriculture under the provision of US
Public Laws 89-544 and 91-579.
(c) "Animal Shelter" means a facility designated or
recognized by the Jurisdiction for the purpose of impounding and
caring for animals.
(d) "Bite" means any puncturing or tearing of the skin
caused by an animal.
(e) "Cat" means Fe1is cauus, whether live or dead.
(f) "Custodian" means any person or agency which feeds,
shelters, harbors, or has possession or control, or has the
responsibility to control an animal.
(g) "Dog" means Canis familiaris, whether live or dead.
(h) "Harboring" means the keeping and caring for an animal,
or providing a premises to which the animal returns for food,
shelter or care.
(i) "High risk animals" are those animals which have a high
probability of transmitting rabies. They include skunks, bats,
foxes, raccoons, or such other animals that may be so designated
by order of the Local Health Authority.
(j) "Humanely killed" means to cause the death of an animal
by a method which is not prohibited by §823.006 of the Texas
Health and Safety Code and:
(1) rapidly produces unconsciousness and death without
visible evidence of pain or distress; or
(2) utilizes anesthesia produced by an agent which
causes painless loss of consciousness and death following
such loss of consciousness.
(k) "Kennel" means an establishment kept for the purpose of
breeding and or selling of dogs or cats or engaged in training dogs
or cats.
(1) "Local Health Authority" means the person or officer
designated by this Court under §826.017 of the Texas Health and
Safety Code.
2
(m) "Low risk animal" is one that has a low risk of
transmitting rabies. They include opossums, shrews, moles,
squirrels, gophers, mice, rabbits, rats, and armadillos or such
other animals that may be so designated by order of the Local
Health Authority.
(n) "Neutered" means rendered permanently incapable of
reproduction.
(o) "Owner" means any person, corporation, or other entity
which has a legal or possessory interest in an animal.
(p) "Pet Shop" means an establishment engaged in the business
of buying or selling, at retail, dogs or cats or other animals for
profit-making purposes.
(q) "Quarantine" means strict confinement of an animal
specified in an order of the Texas Board of Health or the Local
Health Authority:
(1) on the private premises of the animal's owner or
custodian or at a facility approved by the Local Health
Authority; and
(2) under restraint by closed cage or paddock, or in any
other manner approved by the Local Health Authority.
(r) "Rabies" means that infectious acute viral disease of man
and animal affecting the central nervous system and usually
transmitted by animal bite.
(s) "Stray" means roaming with no physical restraint beyond
the premises of an animal's owner or custodian.
(t) "Unowned animal" means any animal for which an owner has
not been identified.
3
(u) "Vaccinated" means properly inoculated with a rabies
vaccine, licensed for use in the species by the United States
Department of Agriculture by a licensed veterinarian.
(v) "Veterinarian" means any veterinarian who is licensed to
practice medicine in one or more of the 50 states. Such license
must be active and in good standing with the issuing agency.
SECTION 2 - RABIES CONTROL AND ERADICATION.
SECTION 2.1 - VACCINATIONS.
2.1.1 - VACCINATIONS REQUIRED.
(a) The owner or custodian of each dog or cat shall have the
animal vaccinated against rabies by the time the animal is four (4)
months of age and within each subsequent twelve (12) month interval
thereafter.
(b) No such vaccination shall be considered current or valid
unless:
(1) The animal was at least three (3) months of age at
the time the vaccination was administered;
(2) At least thirty (30) days have elapsed since the
initial vaccination; and
(3) Not more than twelve (12) months have elapsed since
the most recent vaccination.
2.1.2 - CERTIFICATE OF VACCINATION.
(a) A veterinarian who vaccinates a dog or cat against
rabies shall issue to the animal's owner an official rabies
vaccination certificate upon a form furnished by the veterinarian.
4
(b) The issuing veterinarian shall retain a copy of the
official rabies vaccination certificate in a readily reviewable
status for a period of not less than three (3) years from the date
of issuance.
(c) The official rabies vaccination certificate shall contain
the following minimum information:
(1) the owner and/or custodian's name, address, and
telephone number,
(2) animal identification:
(a) species,
(b) sex,
(c) age,
(d) weight, in pounds
(e) predominant breed, and
(f) colors;
(3) vaccine used:
(a) tYPe,
(b) producer,
(c) expiration date, and
(d) serial number;
(4) date vaccinated;
(5) rabies tag number and year issued;
(a) veterinarian's signature and license number
2.1.3 - RABIES TAG
(a) Concurrent with the issuance and delivery of the official
rabies vaccination certificate referred to in Section 2.1.2, the
5
custodian or owner of the dog or cat shall cause to be attached to
the collar or harness of the vaccinated dog or cat, a metal tag,
serially numbered to correspond with the official rabies
vaccination certificate number, and bearing the year of issuance,
the name of the issuing veterinarian, and his address.
(b) In the event of loss or destruction of the original tag
provided for in Section 2.1.3, the owner of the dog shall obtain a
duplicate tag. Such tags shall indicate that it is a duplicate
tag.
2.1.4 - PENALTIES
(a) A person commits an offense if the person fails or
refuses to have each dog or cat owned by the person vaccinated
against rabies as provided for in this section.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2.2 - REPORTS
2.2.1 - REPORTS OF RABIES
(a) A person who knows of an animal bite or scratch to an
individual that the person could reasonably foresee as capable of
transmitting rabies, or who knows of an animal that the person
suspects is rabid, shall report the incident or animal to the Local
Health Authority as soon as possible, but not later than 24 hours
from the time of the incident.
(b) The report must include:
(1) the name and address of the victim and of the
animal's owner, or custodian if known; and
(2) any other information that may help in locating the
6
victim or animal.
(c) The Local Health Authority shall investigate each report
filed under this section, utilizing the standardized reporting
forms prescribed by the Texas Department of Health.
SECTION 2.3 - QUARANTINE AND TESTING
2.3.1 - QUARANTINE OR TESTING REQUIRED
(a) The owner or custodian of an animal shall submit an
animal for quarantine or testing if:
(1) the animal is reported to be rabid or that it has
bitten or otherwise exposed an individual or animal to
rabies; or
(2) the owner knows or suspects that the animal is rabid
or that it has bitten or otherwise exposed an individual
or animal to rabies.
(b) If the animal becomes ill during the observation period,
the Local Health Authority must be notified by the person having
possession of the animal.
(c) Any animal required to be quarantined under this section
which cannot be maintained in a secure quarantine, shall be
humanely killed and the brain tested for rabies.
2.3.2 - BITING ANIMALS
(a) A dog or cat which has bitten a human shall be placed in
quarantine for ten (10) days. This 10-day observation period will
begin on the day of the bite incident.
(1) If such dog or cat has been designated by the Local
Health Authority as unclaimed, it may be humanely killed
7
and tested for rabies.
(b) No quarantine is authorized for high risk animals that
have bitten a person or animal. Those animals shall be humanely
killed and their brains submitted for rabies testing as provided
for herein.
(c) No quarantine or testing is required for low risk animals
that have bitten a person or animal unless the Local Health
Authority has cause to believe that the biting anima] is rabid, in
which case the animal shall be humanely killed and tested for
rabies as provided for herein.
(d) If the biting animal is not included in (a), (b), or (c)
of this section, the biting animal shall be humanely killed and the
brain tested for rabies. The Local Health Authority may, however,
as an alternative method to killing and testing, authorize a thirty
(30) day observation period.
(e) The local health authority may require an animal which
has inflicted multiple bite wounds, punctures, or lacerations to
the face, head, or neck of a person to be humanely killed and the
brain tested for rabies.
2.3.3 - EXPOSED ANIMALS
(a) Unvaccinated animals which have been bitten or directly
exposed by physical contact with a rabid animal or its fresh
tissues shall be:
(1) humanely killed; or
(2) if sufficient justification for preserving the
animal exists, the exposed animal shall be immediately
8
vaccinated against rabies, placed in strict isolation for
ninety (90) days, and given booster vaccinations during
the third and eighth weeks of isolation. If the animal
is under three months of age at the time of the second
vaccination, an additional booster should be given when
the animal reaches three months of age.
(b) Currently vaccinated animals which have been bitten or
otherwise significantly exposed to a rabid animal shall be:
(1} humanely killed; or
(2) if sufficient justification for preserving the
animal exists, the exposed vaccinated animal shall be
given a booster rabies vaccination immediately and placed
in strict isolation for 45 days.
(c) These provisions apply only to domesticated animals for
which approved rabies vaccine is available. Other animals shall be
humanely killed.
2.3.4. - QUARANTINE FACILITY
(a) Where home quarantine is not approved or requested, the
owner, custodian, or Local Health Authority shall take possession
of an animal that meets the criteria set forth in sections 2.2.1,
2.3.1, 2.3.2, or 2.3.3, and shall ensure that the animal is placed
in a facility:
(1) That meets the standards of the Texas Department of
Health; and
(2) has, within the preceding twelve (12) months, been
inspected by the Texas Department of Health and has been
9
found by the Department to have met acceptable standards.
(3) that keeps such accurate records as may be
determined to be necessary by the Commissioner's Court.
2.3.5 - HOME QUARANTINE
(a) The Local Health Authority may grant an owner or
custodian permission for home quarantine if, in that officer's
discretion, the following criteria can be met:
(1) Secure facilities are available at the home of the
animal's owner or custodian and are approved by the Local
Health Authority;
(2) The animal is currently vaccinated against rabies,
and
(3) The animal was not astray at the time of the bite.
(b) The Local Health Authority or a licensed veterinarian
must observe the animal at least on the first and last days of the
quarantine period.
2.3.6 - SUBMISSION OF SPECIMENS FOR LABORATORY EXAMINATION
(a) Preparation of specimens either for shipment or for
personal delivery for rabies diagnoses shall be in accordance with
the requirements of the Texas Department of Health.
2.3.7 - RELEASE OR DISPOSITION OF QUARANTINED ANIMAL
(a) If a veterinarian determines that a quarantined animal
does not show the clinical signs for rabies, the local health
authority shall release the animal to its owner or custodian when
the quarantine period ends if:
10
(1) all costs of quarantine, observation, vaccination,
and other fees, have been paid, and
(a) the owner has an unexpired rabies vaccination
certificate for the animal; or
(b) the animal is vaccinated against rabies by a
licensed veterinarian at the owner's expense.
(2) the animal is registered as required by §3.1.
(b) If a veterinarian determines that a quarantined animal
shows clinical signs of rabies, the local health authority shall
humanely kill the animal. If an animal dies or isdestroyed while
in quarantine, the local health authority shall remove the head or
brain of the animal and submit it for testing at the owner's
expense.
(c) No animal may be released from quarantine or observation
without the written order of the Local Health Authority.
2.3.8 PAYMENT FOR QUARANTINE AND TESTING
(a) The owner of an animal that is quarantined or tested for
rabies under this Order shall pay to the local health authority the
reasonable costs of the quarantine, testing, and disposition of the
animal. The local health authority may bring suit to collect those
costs.
(b) The local health authority may sell the animal and
retain the proceeds or keep, grant, or humanely kill an animal if
the owner or custodian does not take possession of the animal
before the fourth day following the final day of the quarantine
period. Ali costs and fees set out in (a) above shall be paid
11
before an owner or custodian may take possession of an animal. No
act of the Local Health Authority shall relieve the owner from
liability for reasonable costs of keeping, quarantining, testing,
and/or disposition of the animal.
SECTION 3. REGISTRATION OF DOGS ANO CATS
3.1 REGISTRATION REQUIRED
(a) The owner or custodian of each dog or cat shall register
each such dog and cat as provided in this section.
(b) In order to register a dog or cat under this section,
the owner must:
(1) File the official rabies vaccination certificate
with the Local Health Authority as provided in Section
2.1.2.
(2) Pay the applicable registration fee set out in
Appendix A.
(c) It is the responsibility of the owner to ensure that the
official rabies vaccination certificate has been filed and the
registration fee paid.
(d) Animal establishments, kennels, and pet shops are exempt
from the registration requirements if:
(1) such establishment is operating under a business
name and possesses a sales tax permit, and
(2) the animal is held solely for the purpose of sale in
connection with the breeder's business. Animals held for
any other purpose are not exempt from registration.
(3) pay an "Establishment Fee" as set out in Appendix A.
12
(e) Animal shelters shall not be required to register any
animal in their possession, but shall be required to pay fees
associated with rabies vaccination.
(f) Registration is required as follows:
(1) Animals are required to be registered annually.
(2) Animal Establishments must pay the "establishment
fee" each year, in lieu of registration.
3.2 PENALTIES
{a) A person commits an offense if:
(1) the person fails or refuses to register or present
for registration a dog or cat owned by the person.
(b) An offense under this section is a Class C misdemeanor.
(c) It is not a defense to prosecution under this section
that the veterinarian issuing the official rabies vaccination
certificate failed to file the certificate or forward the
registration fees to the Local Health Authority.
SECTION 4. RESTRAINT. IMPOUNDMENT. AND DISPOSITION OF STRAY DOGS
AND CATS.
4.1 RESTRAINT REQUIRED
(a) The owner or custodian of each dog or cat shall restrain
the animals and prevent them from running at large.
(b) Each unrestrained, unowned, or stray dog or cat is hereby
declared a public nuisance.
(c) For purposes of this section, "restrained" shall mean
that the dog or cat is:
(1) physically restrained by a leash, fence, pen, or
other device,
13
- (2) physically located on the property of the owner or
custodian, or supervised by and under the direct control of the
owner of custodian.
4.2 PENALTY
(a) A person commits an offense if:
(1) the person fails or refuses to restrain a dog or cat
owned by the person.
(b) An offense under this section is a Class C misdemeanor.
4.3 DETENTION AND IMPOUNDMENT AUTHORIZED.
(a) Each unrestrained, unowned, or stray dog or cat may be
detained or impounded by the Local Health Authority or that
officer's designee.
(b) Each unrestrained, unowned, or stray dog or cat shall be
impounded for a period of no less than seventy-two (72) hours
unless earlier claimed by its owner. A reasonable effort shall be
made to contact the owner or custodian prior to any disposition of
the animal.
(c) No dog or cat shall be released to an owner or a
custodian unless:
(1) the animal has a current rabies vaccination,
(2) has been properly registered in accordance with this
Order, and
(3) all applicable impoundment fees, as set forth in
Appendix A, have been paid.
(d) An animal that does not satisfy the requirements for
release under (c) above shall be considered unclaimed.
(e) Upon the expiration of the impoundment period provided
14
in (b), above, a humane disposition shall be made of each
unclaimed stray dog or cat.
(1) Humane disposition includes the destruction of such
dog or cat provided that the animal is humanely killed
and any of the methods that would be available to the
Local Health Authority under 2.3.8(b).
SECTION 5. ADOPTION
5.1 ADOPTION AUTHORIZED
(a) Any animal that is unclaimed or whose owner or custodian
has refused to pay the fees required by this Order may be adopted
if:
(1) the animal has been neutered,
(2) all costs associated with impoundment have been
paid,
(3) the animal has a current rabies vaccination,
(4) the animal has been registered as provided for in
this Order,
(5) sll applicable fees required by this Order have been
paid.
SECTION 6. PENALTIES
6.1 - CLASS C MISDEMEANOR
(a) A violation of the provisions of this Order is a Class
C misdemeanor.
15
APPENDIX A
Registration Fees:
a. Neutered animals (Annual Fee) $2.00 per year
b. Animals not neutered (Annual Fee) $5.00 per year
Establishment Fees:
a.	Kennels with	less than six (6) animals	$20.00	per	year
b.	Kennels with	more than six (6) but less			
	than fifty (50) animals	$30.00	per	year
c.	Kennels with	50 or more animals	$40.00	per	year
d.	Pet shops		$30.00	per	year
e.	Other animal	establishments	$30.00	per	year
Impoundment and Quarantine Fees:
		1st	2nd
	Status of Animal	Offense	Offense
a.	Registered & Neutered	$15.00	$30.00
b.	Registered 8 Non-Neutered	$30.00	$50.00
c.	Not registered & Neutered	$30.00	$50.00
d.	Not registered & Non-Neutered	$50.00	$75.00

§ 826.014. Counties May Adopt Ordinances and Rules
(a) The commissioners cor~rt of a county may adopt ordinances or rules that establish a local rabies
control program in the county and set local standazds that aze compatible with and equal to or more
stringent than the program established by this chapter and the rules adopted by the board.
(b) County ordinances or rules adopted under this section supersede this chapter and the rules of
the boazd within that county so that dual enforcement will not occur.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 826.015. Municipalities May Adopt Ordinances or Rules
(a) The governing body of a municipality may adopt ordinances or rules that establish a local rabies
control program in the municipality and set local standazds that aze compatible with and equal to or
more stringent than:
(1) the ordinances or rules adopted by the county in which the municipality is located; and
(2) the program established by this chapter and the rules adopted by the boazd.
(b) Municipal ordinances or rules adopted under this section supersede ordinances or rules adopted
by the county in which the municipality is located, this chapter, and the rules of the boazd within that
municipahty so that multiple enforcement will not occur.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 826.016. Contracts
The governing body of a municipality and the commissioners court of a county may enter into
contracts or agreements with public or private entities to carry out the activities required or authorized
under this chapter.
Acts 1989, 71st Leg., ch. 678, § I, eff. Sept. 1, 1989.
§ 826.017. Designation of Local Rabies Control Authority
(a) The commissioners court of each county and the governing body of each municipality shall
designate an officer to act as the local rabies control authority for the purposes of this chapter.
(b) Except as restricted by boazd rule, the officer designated as the local rabies control authority
may be the county health officer, municipal health officer, animal control officer, peace officer, or any
entity that the commissioners court or governing body considers appropriate.
(c) Among other duties, the local rabies control authority shall enforce:
(1) this chapter and the boazd rules that comprise the minimum standards for rabies control;
http://www.capitolstate.tx.us/statutes/he/he082600.htm1 10/16/01
(2) the ordinances or rules of the municipality or county that the local rabies control authority
serves; and
(3) the rules adopted by the board under the azea rabies quarantine provisions of Section 826.045.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, § 2, eff. May 5, 1995.
SUBCHAPTER C. RABIES VACCINATIONS
§ 826.021. Vaccination of Dogs and Cats Required
(a) Except as otherwise provided by board rule, the owner of a dog or cat shall have the animal
vaccinated against rabies by the time the animal is four months of age and at regular intervals
thereafter as prescribed by board rule.
(b) A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a
vaccination certificate in a form that meets the minimum standards approved by the boazd.
(c) A county or municipality may not register or license an animal that has not been vaccinated in
accordance with this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 826.0211. Confidentiality of Certain Information in Rabies Vaccination Certificate; Criminal
Penalty
(a) Information that is contained in a rabies vaccination certificate that identifies or tends to identify
the owner or an address, telephone number, or other personally identifying information of the owner
of the vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government
Code.
(b) The information may be disclosed only to a governmental entity for purposes related to the
protection of public health and safety. A governmental entity that receives the information, including a
county or municipality that registers dogs and cats under Subchapter D, must maintain the
confidentiahty of the information, may not disclose the information under Chapter 552, Government
Code, and may not use the information for a purpose that does not directly relate to the protection of
public health and safety.
(c) A person commits an offense if the person distributes information that is confidential under this
section An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than 180 days; or
(3) both the fine and confinement.
http://www.capitol.state.tx.us/statutes/he/he082600.htm1 10/16/01
~.__ ,.L,_.., ~...-~ .,~ ._,. _ _.._ .
Added by Acts 1999, 76th Leg., ch. 1069, § 1, eff. Sept. 1, 1999.
§ 826.022. Vaccination; Criminal Penalty
(a) A person commits an offense if the person fails or refuses to have each dog or cat owned by the
person vaccinated against rabies and the animal is required to be vaccinated under:
(1) Section 826.021 and board rules; or
(2) ordinances or rules adopted under this chapter by a county or municipality within whose
jurisdiction the act occurs.
(b) An offense under this section is a Class C misdemeanor.
(c) If on the trial of an offense under this section the court finds that the person has been previously
convicted of an offense under this section, the offense is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, § 3, eff. May 5, 1995.
§ 826.023. Use and Sale of Rabies Vaccine
(a) Rabies vaccine for animals may be administered only by or under the direct supervision of a
veterinarian.
(b) A veterinarian may not administer or directly supervise the administration of rabies vaccine in
this state unless the person is:
(I) licensed by the State Boazd of Veterinary Medical Examiners to practice veterinary medicine;
or
(2) practicing veterinary medicine on an installation of the armed forces or National Guard.
(c) A person may not sell or distribute rabies vaccine for animals to any person except a licensed
veterinarian or to a person working in a veterinary clinic who accepts the vaccine on behalf of the
veterinarian.
(d) This section does not prohibit a pharmacy licensed by the Texas State Boazd of Pharmacy from
supplying rabies vaccine for animals to a licensed veterinarian.
(e) This section does not prohibit a veterinarian licensed by the State Board of Veterinary Medical
Examiners from selling or dispensing rabies vaccine to an individual with whom the veterinarian has a
veterinarian-client-patient relationship as described by The Veterinary Licensing Act (Article 8890,
Revised Statutes) for the sole purpose of allowing that individual to administer the rabies vaccine to
that individual's own livestock.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
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Amended by Acts 1995, 74th Leg., ch. 44, § 5, eff. May 5, 1995.
§ 826.024. Use and Sale of Rabies Vaccine; Criminal Penalty
(a) A person commits an offense if the person:
(1) administers or attempts to adnilnister rabies vaccine in a manner not authorized by Section
826.023;
(2) dispenses or attempts to dispense rabies vaccine in a maimer not authorized by Section
826.023; or
(3) sells or distributes rabies vaccine for animals in violation of Section 826.023(c).
(b) An offense under this section is a Class C misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 826.025. Provision of Vaccine and Serum
(a) The department may provide vaccine and hyperimmune serum in accordance with beazd
policies or procedures for the use and benefit of a person exposed, or suspected of having been
exposed, to rabies.
(b) In accordance with boazd rules and eligibility standards, the department is entitled to be
reimbursed by or on behalf of the person receiving the vaccine or serum for actual costs incurred in
providing the vaccine or serum.
(c) At the written request of the department, the attorney general or the county or district attorney
for the county in which the recipient of the vaccine or serum resides may bring suit or start other
proceedings in the name of the state to collect the reimbursement owed the department for the vaccine
or serum.
(d) A suit or other proceeding may be brought against:
(1) the recipient;
(2) the pazent, guazdian, or other person legally responsible for the support ofthe recipient; or
(3) a responsible third party.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS
§ 826.031. Registration of Dogs and Cats by Loeal Governments
(a) The governing body of a municipality and the commissioners court of a county may adopt
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ordinances, or rules under Section 826.014 or 826.015 requiring the registration of each dog and cat
within the jurisdiction of the municipality or county.
(b) A dog or cat may not be subject to dual registration.
(c) The enforcing agency may collect a fee set by ordinance for the registration of each dog or cat
and may retain the fees collected. The fees may be used only to help defray the cost of administering
this chapter or the ordinances or rules of the enforcing agency within its jurisdiction.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 826.0311. Confidentiality of Certain Information in Dog and Cat Registry; Criminal Penalty
(a) Information that is contained in a municipal or county registry of dogs and cats under Section
826.031 that identifies or tends to identify the owner or an address, telephone number, or other
personally identifying information of the owner of the registered dog or cat is confidential and not
subject to disclosure under Chapter 552, Government Code.
(b) The information may be disclosed only to a governmental entity for purposes related to the
protection of public health and safety. A governmental entity that receives the information must
maintain the confidentiality of the information, may not disclose the information under Chapter 552,
Government Code, and may not use the information for a purpose that does not duectly relate to the
protection of public health and safety.
(c) A person commits an offense if the person distributes information that is confidential under this
section. An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than 180 days; or
(3) both the fine and confinement.
Added by Acts 1999, 76th Leg., ch. 1069, § 2, eff. Sept. 1, 1999.
§ 826.032. Registration; Criminal Penalty
(a) A person commits an offense if:
(1) the person fails or refuses to register or present for registration a dog or cat owned by the
person; and
(2) the animal is required to be registered under the ordinances or rules adopted under this chapter
by a county or municipality within whose jurisdiction the act occurs.
(b) An offense under this section is a Class C misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
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§ 826.033. Restraint, Impoundment, and Disposition of Dogs and Cats
(a) The governing body of a municipality and the commissioners court of a county may adopt
ordinances or rules under Section 826.014 or 826.015 to require that:
(1) each dog or cat be restrained by its owner;
(2) each stray dog or cat be declared a public nuisance;
(3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or
that officer's designee;
(4) each stray dog or cat be impounded for a period set by ordinance or rule; and
(5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the
required impoundment period.
(b) A jurisdiction may not be subject to dual restraint ordinances or rules.
(c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a
dog or cat during the impoundment period. The animal's owner must pay the fee before the animal
may be released.
(d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency.
The fees may be used only to help defray the cost of administering this chapter or the ordinances or
rules of the enforcing agency within its jurisdiction.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 44, § 6, eff. May 5, 1995.
§ 826.034. Restraint; Criminal Penalty
(a) A person commits an offense if
(1) the person fails or refuses to restrain a dog or cat owned by the person; and
(2) the animal is required to be restrained under the ordinances or rules adopted under this chapter
by a county or municipality within whose jurisdiction the act occurs.
(b) An offense under this section is a Class C misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
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