Texas Health and Safety Code 822.042 – Requirements for Owner of Dangerous Dog
(a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) register the dangerous dog with the animal control authority for the area in which the dog is kept;
(2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and
(4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
(b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
Terms Used In Texas Health and Safety Code 822.042
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by § 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. The governing body of the municipality or county may prescribe the amount of the fees.
(e) Subject to Subsection (e-1), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority.
(e-1) Notwithstanding any other law or local regulation:
(1) any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog’s owner may file a notice of appeal; and
(2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under § 822.0424.
(f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) the owner knows of an attack described in § 822.041(2)(A) or (B);
(2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under § 822.0423; or
(3) the owner is informed by the animal control authority that the dog is a dangerous dog under § 822.0421.