Tex. Health & Safety Code Section 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.

(c)

If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423 (Hearing), 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 Section 822.0424 (Appeal).

(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 Section 822.041 (Definitions)(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 (Hearing); or

(3)

the owner is informed by the animal control authority that the dog is a dangerous dog under Section 822.0421 (Determination that Dog Is Dangerous).
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 99, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 96, Sec. 1, eff. May 17, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 530 (H.B. 1436), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 899 (H.B. 3340), Sec. 1, eff. September 1, 2021.

Source: Section 822.042 — Requirements for Owner of Dangerous Dog, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­822.­htm#822.­042 (accessed Apr. 20, 2024).

822.001
Definitions
822.002
Seizure of a Dog Causing Death of or Serious Bodily Injury to a Person
822.003
Hearing
822.004
Destruction of Dog
822.005
Attack by Dog
822.006
Defenses
822.007
Local Regulation of Dogs
822.0011
Application to Certain Property
822.011
Definitions
822.0012
Animal Control Authority in Certain Municipalities
822.012
Certain Dogs and Coyotes Prohibited from Running at Large
822.013
Dogs or Coyotes that Attack Animals
822.021
Application to Counties that Adopt Subchapter
822.022
Petition for Election
822.023
Notice
822.024
Ballot Proposition
822.025
Election Result
822.026
Interval Between Elections
822.027
Registration Tags and Certificate
822.028
Registration Fee
822.029
Disposition of Fee
822.030
Registration Required
822.031
Unregistered Dogs Prohibited from Running at Large
822.035
Criminal Penalty
822.041
Definitions
822.042
Requirements for Owner of Dangerous Dog
822.043
Registration
822.044
Attack by Dangerous Dog
822.045
Violations
822.046
Defense
822.047
Local Regulation of Dangerous Dogs
822.101
Definitions
822.102
Applicability of Subchapter
822.103
Certificate of Registration
822.104
Certificate of Registration Application
822.105
Denial or Revocation of Certificate of Registration
822.106
Display of Certificate of Registration
822.107
Liability Insurance
822.108
Inspection
822.109
Relocation or Disposition of Animal
822.110
Attack by Animal
822.111
Powers and Duties of Executive Commissioner
822.112
Care, Treatment, and Transportation of Animal
822.113
Offense and Penalty
822.114
Civil Penalty
822.115
Injunction
822.116
Effect of Subchapter on Other Law
822.0411
Animal Control Authority in Certain Municipalities
822.0421
Determination that Dog Is Dangerous
822.0422
Reporting of Incident in Certain Counties and Municipalities
822.0423
Hearing
822.0424
Appeal

Accessed:
Apr. 20, 2024

§ 822.042’s source at texas​.gov