Sec. If that finding is not made, the court shall order the dog released to: (f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (1) the dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and: (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and. 1, eff. 99, Sec. 822.001. (a) A person commits an offense if the person intentionally causes, conspires with another to cause, or assists another to cause the unwarranted commitment of a person to a mental health facility. 9/1/2005. (4) visit a mental health facility to investigate a complaint made by a patient or by a person on behalf of a patient. (e) The state shall pay the cost of transporting a discharged or furloughed patient to the patient's home or of returning a patient absent without authority unless the patient or someone responsible for the patient is able to pay the costs. 472 (S.B. 81.083. 705, Sec. (a) An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack. Sept. 1, 1993. (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. Sec. (d) If the department determines that a violation has occurred, the department may issue a report that states the facts on which the determination is based and the department's recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty. 1 (S.B. (r) All proceedings under this section are subject to Chapter 2001, Government Code. Acts 2015, 84th Leg., R.S., Ch. (4) "Community center" means a center established under Subchapter A, Chapter 534 that provides mental health services. (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. 1, eff. Amended by Acts 1995, 74th Leg., ch. MENTAL HEALTH RECORDS Sec. 181.001. DEFINITIONS. Sept. 1, 1989. 571.014. Try searching the state name and the term "code" or "laws" to find online versions of the state codes. September 1, 2015. Health & Safety Code 481.001 Download PDF Current with legislation from the 2023 Regular Session effective as of May 15, 2023. April 2, 2015. Sept. 1, 1993. 2, eff. 822.035. (2) if the person was not in control of the dog, the person was making immediate and reasonable attempts to regain control of the dog. CERTIFICATE OF REGISTRATION APPLICATION. Health and Safety Code v. 1-10 Human Resources Code v. 1-3 Insurance Code v. 1-12 Labor Code v. 1-3 Local Government Code v. 1-6 Natural Resources Code v. 1-4 Occupations Code v. 1-10 Parks and Wildlife Code v. 1-2 Penal Code v. 1-6 Property Code v. 1-5 Special District Local Laws Code (pamphlet) v. 1-4 Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (c) The county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the animal registration agency in the civil action. 822.0421. INJUNCTION. Sec. June 11, 2001. UNREGISTERED DOGS PROHIBITED FROM RUNNING AT LARGE. (b) A person commits an offense if the person knowingly violates a provision of this subtitle. Health & Safety Code. Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1995. 678, Sec. Health and Mental Health. (b) Notwithstanding the definition in Section 822.041(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. SUBCHAPTER B. Sec. (c) The person receiving process, not later than the third day after its receipt, shall forward it by registered mail to the patient's legal guardian or personally deliver it to the patient, whichever appears to be in the patient's best interest. 1 (S.B. April 2, 2015. 99, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. EXECUTIVE COMMISSIONER AND DEPARTMENT POWERS. (16) "Patient" means an individual who is receiving voluntary or involuntary mental health services under this subtitle. 2, eff. Acts 1989, 71st Leg., ch. (b) A person who violates this section commits an offense. (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. (b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. 870, Sec. Pending publication of the current statutes, see HB4759, 88th Legislature, Regular Session, for amendments affecting the following section. 822.0423. (d) In addition to the items required under Subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practice in this state stating that the veterinarian: (1) inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and. (a) A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure: (1) on the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. 1, eff. Step 2 Type the chapter number, with the word chapter abbreviated as "ch." Type the chapter number followed by a comma. 2, eff. (b) The county responsible for the costs of a hearing or proceeding under Subsection (a) shall pay the costs of all subsequent hearings or proceedings for that person under this subtitle until the person is discharged from mental health services. HABEAS CORPUS PROCEEDINGS. Sec. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster. September 1, 2015. 822.111. 99, Sec. (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; and. APPLICATION TO CERTAIN PROPERTY. (d) An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. April 2, 2015. (a) The department shall hold seminars as necessary to increase understanding of and properly implement revisions to this subtitle. 76, Sec. Sec. (2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code. (g) The civil penalty and injunctive relief authorized by this section and Sections 571.022 and 577.019 are in addition to any other civil, administrative, or criminal remedies provided by law. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination. 76, Sec. for non-profit, educational, and government users. Cite state codes and legal statutes in APA style for college research or professionally written papers and reports. REGISTRATION REQUIRED; EXCEPTION FOR TEMPORARY VISITS. 2, eff. Added by Acts 1991, 72nd Leg., ch. (n) Judicial review of the order of the department: (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and. Code. 705, Sec. Application of Control Measures to Individual Universal Citation: TX Health & Safety Code 81.083 (2019) Sec. A civil penalty collected under this subsection may be retained by the county or municipality. 770, Sec. 1, eff. Sept. 1, 1991. Leg. Added by Acts 1991, 72nd Leg., ch. 7, eff. Acts 2015, 84th Leg., R.S., Ch. to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051 (Notice)(e), Civil Practice and Remedies Code. (a) Except as otherwise expressly provided by this subtitle, an authorized, qualified department employee may exercise a power granted to or perform a duty imposed on the department. (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. (a) The costs for a hearing or proceeding under this subtitle shall be paid by: (1) the county in which emergency detention procedures are initiated under Subchapter A or B, Chapter 573; or. (a) A person is subject to a civil penalty of not more than $25,000 for each day of violation and for each act of violation of this subtitle or a rule adopted under this subtitle. 571.010. LIMITATION OF LIABILITY. 3.01(a), eff. ADMINISTRATIVE PENALTY. APPLICABILITY OF SUBCHAPTER. (2) file a suit to assess and recover civil penalties independently of a suit for injunctive relief. September 1, 2021. For example: Virg. (d) The county treasurer shall keep an accurate record showing all amounts received into and paid from the fund. 678, Sec. Added by Acts 1993, 73rd Leg., ch. to aide readability. September 1, 2015. (i) The county may not require a person other than the patient to pay any costs associated with a hearing or proceeding under this subtitle, including a filing fee or other court costs imposed under Chapter 118, Local Government Code, Chapter 51, Government Code, or other law, unless the county first determines that: (1) the costs relate to services provided or to be provided in a private mental hospital; or. 1, eff. Acts 2007, 80th Leg., R.S., Ch. In addition, Sec. (a) A child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision under Title 3, Family Code, is not considered under this subtitle to be a person charged with a criminal offense. Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY 481.1122. (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. 500, Sec. For example: Virginia State Legislative Code would read Virg. Type the volume number and name followed by the page number. For example: Virg. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. Source law: Health and Safety Code, Chapter 822, Subchapter C. Scope: Subchapter C authorizes certain counties, after petition and an election, to adopt a dog registration program, impose a registration fee between $1 and $5, and prohibit an unregistered or untagged dog over the age of 6 months from running at large. (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. 219), Sec. 822.004. REGISTRATION TAGS AND CERTIFICATE. Pending publication of the current statutes, see H.B. Sec. 527, Sec. Aug. 28, 1995; Acts 1995, 74th Leg., ch. and its subsequent amendments and the regulations adopted under that Act relating to: (b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the animal registration agency or its agent on request. (p) When the judgment of the court becomes final, the court shall proceed under this subsection. 571.0081. (2) a court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under Section 822.0424. (a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner: (A) liability insurance or financial responsibility, as required by Section 822.042; (B) current rabies vaccination of the dangerous dog; and, (C) the secure enclosure in which the dangerous dog will be kept; and. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 1. INSPECTION OF COURT RECORDS. Sept. 1, 1997. Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sec. Added by Acts 1989, 71st Leg., ch. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. 2. . Sept. 1, 1997. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. Sec. 678, Sec. an attorney in good standing. RETURN OF COMMITTED PATIENT TO STATE OF RESIDENCE. June 18, 2005. Sec. increasing citizen access. AGENT FOR SERVICE OF PROCESS. 633,Sec. Sept. 1, 1997. (3) "Commitment order" means a court order for involuntary inpatient mental health services under this subtitle. (3) any other person authorized to take possession of the dog. May 17, 1999. Sept. 1, 1997. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service 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.