(c) To file an appeal under Subsection (b), the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and. 169 (S.B. Initial consultations are usually free or discounted: Lawyer Referral . In this subchapter: (1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office. Not later than the seventh day before the date on which the attorney general intends to bring suit on his own initiative, the attorney general shall provide to the department notice of the suit. (c) When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. (b) Notwithstanding the definition in Section 822.001(1), for purposes of this subchapter the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department. (a) A party to an appeal under Section 822.0421(d) or a hearing under Section 822.0423 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request. (6) any other matter that justice may require. and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Through social Sec. The court may grant to the employee the power to issue a citation in an unincorporated area of the county to enforce any law or order of the commissioners court that is reasonably necessary to protect the public health. Refreshed: 2023-07-08. (d) For the purpose of this section, the department shall coordinate, as appropriate, with a mental health facility, a mental hospital, health service providers, courts, and law enforcement personnel located in the geographic area nearest the petitioning state. Location: 472 (S.B. APPLICATION TO COUNTIES THAT ADOPT SUBCHAPTER. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the animal registration agency's expenditures was made. 3, eff. 1 (S.B. RECOVERY OF COSTS. Amended by Acts 2021, Texas Acts of the 87th Leg. The State Bar of Texas runs a service for finding an attorney in good standing. 1, eff. Renumbered from Health & Safety Code Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. CIVIL PENALTY. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 4.06, eff. 678, Sec. 822.024. For example: Virginia State Legislative Code would read Virg. (a) This section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority. 1 (S.B. (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 Chapter 1702, Occupations Code. 1355), Sec. 1, eff. INSPECTION. (c) In a habeas corpus proceeding in which a department inpatient mental health facility or a physician employed by a department inpatient mental health facility is a party as a result of enforcing a commitment order, the appropriate attorney prescribed by Section 571.016 shall represent the facility or physician, or both the facility and physician if both are parties, unless the attorney determines that representation violates the Texas Disciplinary Rules of Professional Conduct. (1) prescribe the form and content of applications, certificates, records, and reports provided for under this subtitle; (2) require reports from a facility administrator relating to the admission, examination, diagnosis, release, or discharge of any patient; (3) regularly visit each mental health facility to review the commitment procedure for each new patient admitted after the last visit; and. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Code 267. OFFENSE AND PENALTY. 1 (S.B. (a) The court shall order the payment of reasonable compensation to attorneys, physicians, language interpreters, sign interpreters, and associate judges appointed under this subtitle. Sec. Sept. 1, 1989. (2) if no emergency detention procedures are initiated, the county that accepts an application for court-ordered mental health services, issues an order for protective custody, or issues an order for temporary mental health services. LOCAL REGULATION OF DANGEROUS DOGS. Read this complete Texas Health and Safety Code - HEALTH & SAFETY 166.049. 571.009. Please verify the status of the code you are researching with the . 2026), Sec. (3) the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421. 2, eff. Sec. Texas Health and Safety Code - HEALTH & SAFETY 611.004 | FindLaw Browse: All Topics Answered By: Julie Trumble May 25, 2021 20302 These links may help: How do I cite a state statute or law in the APA style? Sec. 1889), Sec. 1, eff. 76, Sec. Sec. (d) An owner may appeal the decision of the justice or municipal court under Subsection (b) in the manner described by Section 822.0424. (e) It is a defense to prosecution under Section 822.005(a) that the person attacked by the dog was at the time of the attack engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, and 30, Penal Code. Sec. June 16, 1995. 9, eff. COURT HOURS; AVAILABILITY OF JUDGE OR MAGISTRATE. 71), Sec. ELECTION RESULT. 485, Sec. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 573, Sec. (b) Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. TREATMENT METHODS. September 1, 2007. (a) In this section, "state or local authority" means a state or local government authority or agency or a representative of a state or local government authority or agency acting in an official capacity. 1 (S.B. 571.018. 822.025. NOTICE. The purpose of this subtitle is to provide to each person having severe mental illness access to humane care and treatment by: (1) facilitating treatment in an appropriate setting; (2) enabling the person to obtain necessary evaluation, care, treatment, and rehabilitation with the least possible trouble, expense, and embarrassment to the person and the person's family; (3) eliminating, if requested, the traumatic effect on the person's mental health of public trial and criminal-like procedures; (4) protecting the person's right to a judicial determination of the person's need for involuntary treatment; (5) defining the criteria the state must meet to order involuntary care and treatment; (6) establishing the procedures to obtain facts, carry out examinations, and make prompt and fair decisions; (7) safeguarding the person's legal rights so as to advance and not impede the therapeutic and protective purposes of involuntary care; and. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. CHAPTER 822. (3) compensation for court-appointed personnel listed under Section 571.017; (4) expenses of transportation to a mental health facility or to a federal agency not to exceed $50 if transporting within the same county and not to exceed the reasonable cost of transportation if transporting between counties; (5) costs and salary supplements authorized under Sections 574.031(i) and (j); (6) prosecutor's fees authorized under Section 574.031(k); and. 1, eff. 678, Sec. Acts 2015, 84th Leg., R.S., Ch. - Regular Session, ch. EXECUTIVE COMMISSIONER AND DEPARTMENT POWERS. 571.020. (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 Section 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 Section 822.0423; or. Code. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1999. 571.0065 by Acts 1995, 74th Leg., ch. (h) It is an affirmative defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person and the dog are engaged in: (2) a farming or ranching activity, including herding livestock, typically performed by a working dog on a farm or ranch. April 2, 2015. 1, eff. (E) sources of detailed information concerning a particular medication. Texas Health and Safety Code Section 611.004 - Texas.Public.Law Health and Safety Code 481.001 Acts 1989, 71st Leg., ch. Texas Health and Safety Code Section 1.001 - Purpose of Code 822.003. Section 2131 et seq.) Added by Acts 2003, 78th Leg., ch. (f) If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation. 1, eff. Sec. (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. September 1, 2015. 2, eff. 1, eff. A civil penalty collected under this subsection may be retained by the county or municipality. 722, Sec. (E) in conformance with the requirements for enclosures established by the local animal control authority. 1, eff. 3.11, eff. (A) a person licensed to practice medicine in this state; (B) a person employed by a federal agency who has a license to practice medicine in any state; or. 99, Sec. May 31, 1997; Acts 1999, 76th Leg., ch. 571.012. 903, Sec. GENERAL PROVISIONS Sec. 527, Sec. https://rasmussen.libanswers.com/faq/41374 Texas Health and Safety Code - HEALTH & SAFETY | FindLaw