(A) Requirements for owner of dangerous dog.
(1) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(a) Register the dangerous dog with the animal control authority for the area in which the dog is kept;
(b) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(c) 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 of financial responsibility to the animal control authority for the area in which the dog is kept; and
(d) Comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
(2) The owner of a dangerous dog who does not comply with division (A)(1) of this section 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.
(3) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by division (E) of this section, that the owner of a dangerous dog has failed to comply with division (A)(1) or (A)(2) of this section, 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.
(4) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, impoundment, and destruction of the dog.
(5) The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with division (A)(1) of this section 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 division (A)(1) of this section before the 11th day after the date on which the dog is seized or delivered to the authority.
(6) 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.
(7) For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(a) The owner knows of an attack described in § 90.01;
(b) The owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under division (E) of this section; or
(c) The owner is informed by the animal control authority that the dog is a dangerous dog under division (C) of this section.
(B) Guard dogs. It shall be unlawful to place or maintain any dog which has been specifically trained to attack, in any area for the protection of persons or property unless the dog is physically confined to a specific enclosed area. The enclosed area or premises in which the dog is confined must be conspicuously posted with warning signs bearing letters not less than two inches high and placed not less than every 25 feet on or adjacent to the structure or barrier which confined the animal. In no event shall less than one warning sign be conspicuously posted.
(C) Determination that dog is dangerous.
(1) If a person reports an incident with a dangerous animal as described in § 90.01, the 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.
(2) 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. An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county, or municipal court.
(D) Reporting of incident in certain counties and municipalities.
(1) A person may report an incident described by § 90.01 to a municipal court, a justice court, or a county court. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner received notice that the report has been filed.
(2) If the owner fails to deliver the dog as required by division (D)(1) of this section, 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 until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog. The court shall determine, after notice and hearing as provided in § 90.05 (E), whether the dog is a dangerous dog.
(E) Hearing.
(1) The court, on receiving a report of an incident under division (D) of this section or an application under division (A)(3) of this section, shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with division (A) of this section. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered.
(2) The court shall give written notice of the time and place of the hearing to:
(a) The owner of the dog or the person from whom the dog was seized; and
(b) The person who made the complaint.
(3) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(4) An owner or person filing the action may appeal the decision of the municipal court, justice court, or county court in the manner provided for the appeal of cases from the municipal, justice, or county court.
(F) Registration.
(1) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
(a) Presents proof of:
1. Liability insurance of financial responsibility as required by division (A) of this section;
2. Current rabies vaccination of the dangerous dog; and
3. The secure enclosure in which the dangerous dog will be kept; and
(b) Pays an annual registration fee as provided for in § 29.00 of the Fee Schedule found in Appendix 1 of this Code.
(2) 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.
(3) 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 dangerous dog’s prior registration tag and payment of a fee as provided for in § 29.00 of the Fee Schedule found in Appendix 1 of this Code, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar.
(4) 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.
(G) Attack by dangerous dog.
(1) 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.
(2) 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.
(3) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed.
(4) 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 municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the county or municipality.
(H) Violations.
(1) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with § 90.05 (A) or (D)(1) or an applicable municipal or county regulation relating to dangerous dogs.
(2) Except as provided by § 90.05 (H)(3), an offense under this section is a Class C misdemeanor.
(3) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(I) Defense.
(1) It is a defense to prosecution under § 90.05 (G) or (H) that 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.
(2) It is a defense to prosecution under § 90.05 (G) or (H) 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.
(3) It is a defense to prosecution under § 90.05 (G) or (H) that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Tex. Rev. Civ. Stat. Art. 4413(29bb)).
(Ord. 98-014, passed 5-26-98; Am. Ord. O-2009-006, passed 2-24-09)