CHAPTER 826. RABIES

HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

CHAPTER 826. RABIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 826.001. SHORT TITLE. This chapter may be cited as the

Rabies Control Act of 1981.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.002. DEFINITIONS. In this chapter:

(1) "Animal" means a warm-blooded animal.

(2) "Board" means the Texas Board of Health.

(3) "Cat" means Felis catus.

(4) "Commissioner" means the commissioner of health.

(5) "Department" means the Texas Department of Health.

(6) "Dog" means Canis familiaris.

(7) "Epizootic" means the occurrence in a given geographic area

or population of cases of a disease clearly in excess of the

expected frequency.

(8) "Licensed veterinarian" means a veterinarian licensed to

practice veterinary medicine in one or more of the 50 states.

(9) "Quarantine" means strict confinement of an animal specified

in an order of the board or its designee:

(A) on the private premises of the animal's owner or at a

facility approved by the board or its designee; and

(B) under restraint by closed cage or paddock or in any other

manner approved by board rule.

(10) "Rabies" means an acute viral disease of man and animal

affecting the central nervous system and usually transmitted by

an animal bite.

(11) "Stray" means roaming with no physical restraint beyond the

premises of an animal's owner or keeper.

(12) "Livestock" means an animal raised for human consumption or

an equine animal.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 1, eff. May 5,

1995.

SUBCHAPTER B. GENERAL POWERS AND DUTIES OF BOARD AND LOCAL

GOVERNMENTS

Sec. 826.011. GENERAL POWERS AND DUTIES OF BOARD. (a) The

board or its designee, with the cooperation of the governing

bodies of counties and municipalities, shall administer the

rabies control program established by this chapter.

(b) The board shall adopt rules necessary to effectively

administer this chapter.

(c) The board or its designee may enter into contracts or

agreements with public or private entities to carry out this

chapter. The contracts or agreements may provide for payment by

the state for materials, equipment, and services.

(d) Subject to any limitations or conditions prescribed by the

legislature, the board or its designee may seek, receive, and

spend funds received through appropriations, grants, or donations

from public or private sources for the rabies control program

established by this chapter.

(e) The board or its designee may compile, analyze, publish, and

distribute information relating to the control of rabies for the

education of physicians, veterinarians, public health personnel,

and the public.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.012. MINIMUM STANDARDS FOR RABIES CONTROL. This

chapter and the rules adopted by the board under this chapter are

the minimum standards for rabies control.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.013. COUNTIES AND MUNICIPALITIES MAY ADOPT CHAPTER.

The governing body of a municipality or the commissioners court

of a county may adopt this chapter and the standards adopted by

the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.014. COUNTIES MAY ADOPT ORDINANCES AND RULES. (a) The

commissioners court of a county may adopt ordinances or rules

that establish a local rabies control program in the county and

set local standards that are compatible with and equal to or more

stringent than the program established by this chapter and the

rules adopted by the board.

(b) County ordinances or rules adopted under this section

supersede this chapter and the rules of the board within that

county so that dual enforcement will not occur.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.015. MUNICIPALITIES MAY ADOPT ORDINANCES OR RULES. (a)

The governing body of a municipality may adopt ordinances or

rules that establish a local rabies control program in the

municipality and set local standards that are compatible with and

equal to or more stringent than:

(1) the ordinances or rules adopted by the county in which the

municipality is located; and

(2) the program established by this chapter and the rules

adopted by the board.

(b) Municipal ordinances or rules adopted under this section

supersede ordinances or rules adopted by the county in which the

municipality is located, this chapter, and the rules of the board

within that municipality so that multiple enforcement will not

occur.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.016. CONTRACTS. The governing body of a municipality

and the commissioners court of a county may enter into contracts

or agreements with public or private entities to carry out the

activities required or authorized under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.017. DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY.

(a) The commissioners court of each county and the governing

body of each municipality shall designate an officer to act as

the local rabies control authority for the purposes of this

chapter.

(b) Except as restricted by board rule, the officer designated

as the local rabies control authority may be the county health

officer, municipal health officer, animal control officer, peace

officer, or any entity that the commissioners court or governing

body considers appropriate.

(c) Among other duties, the local rabies control authority shall

enforce:

(1) this chapter and the board rules that comprise the minimum

standards for rabies control;

(2) the ordinances or rules of the municipality or county that

the local rabies control authority serves; and

(3) the rules adopted by the board under the area rabies

quarantine provisions of Section 826.045.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 2, eff. May 5,

1995.

SUBCHAPTER C. RABIES VACCINATIONS

Sec. 826.021. VACCINATION OF DOGS AND CATS REQUIRED. (a)

Except as otherwise provided by board rule, the owner of a dog or

cat shall have the animal vaccinated against rabies by the time

the animal is four months of age and at regular intervals

thereafter as prescribed by board rule.

(b) A veterinarian who vaccinates a dog or cat against rabies

shall issue to the animal's owner a vaccination certificate in a

form that meets the minimum standards approved by the board.

(c) A county or municipality may not register or license an

animal that has not been vaccinated in accordance with this

section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.0211. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES

VACCINATION CERTIFICATE; CRIMINAL PENALTY. (a) Information

contained in a rabies vaccination certificate or in any record

compiled from the information contained in one or more

certificates that identifies or tends to identify an owner or an

address, telephone number, or other personally identifying

information of an owner of a vaccinated animal is confidential

and not subject to disclosure under Chapter 552, Government Code.

The information contained in the certificate or record may not

include the social security number or the driver's license number

of the owner of the vaccinated animal.

(b) The information may be disclosed only to a governmental

entity or a person that, under a contract with a governmental

entity, provides animal control services or animal registration

services for the governmental entity for purposes related to the

protection of public health and safety. A governmental entity or

person that receives the information, including a county or

municipality that registers dogs and cats under Subchapter D,

must maintain the confidentiality of the information, may not

disclose the information under Chapter 552, Government Code, and

may not use the information for a purpose that does not directly

relate to the protection of public health and safety.

(c) A person commits an offense if the person distributes

information that is confidential under this section. An offense

under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than 180 days;

or

(3) both the fine and confinement.

Added by Acts 1999, 76th Leg., ch. 1069, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1235, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

686, Sec. 1, eff. June 15, 2007.

Sec. 826.022. VACCINATION; CRIMINAL PENALTY. (a) A person

commits an offense if the person fails or refuses to have each

dog or cat owned by the person vaccinated against rabies and the

animal is required to be vaccinated under:

(1) Section 826.021 and board rules; or

(2) ordinances or rules adopted under this chapter by a county

or municipality within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

(c) If on the trial of an offense under this section the court

finds that the person has been previously convicted of an offense

under this section, the offense is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 3, eff. May 5,

1995.

Sec. 826.023. USE AND SALE OF RABIES VACCINE. (a) Rabies

vaccine for animals may be administered only by or under the

direct supervision of a veterinarian.

(b) A veterinarian may not administer or directly supervise the

administration of rabies vaccine in this state unless the person

is:

(1) licensed by the State Board of Veterinary Medical Examiners

to practice veterinary medicine; or

(2) practicing veterinary medicine on an installation of the

armed forces or National Guard.

(c) A person may not sell or distribute rabies vaccine for

animals to any person except a licensed veterinarian or to a

person working in a veterinary clinic who accepts the vaccine on

behalf of the veterinarian.

(d) This section does not prohibit a pharmacy licensed by the

Texas State Board of Pharmacy from supplying rabies vaccine for

animals to a licensed veterinarian.

(e) This section does not prohibit a veterinarian licensed by

the State Board of Veterinary Medical Examiners from selling or

dispensing rabies vaccine to an individual with whom the

veterinarian has a veterinarian-client-patient relationship as

described by Chapter 801, Occupations Code, for the sole purpose

of allowing that individual to administer the rabies vaccine to

that individual's own livestock.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 5, eff. May 5,

1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.810, eff. Sept. 1,

2001.

Sec. 826.024. USE AND SALE OF RABIES VACCINE; CRIMINAL PENALTY.

(a) A person commits an offense if the person:

(1) administers or attempts to administer rabies vaccine in a

manner not authorized by Section 826.023;

(2) dispenses or attempts to dispense rabies vaccine in a manner

not authorized by Section 826.023; or

(3) sells or distributes rabies vaccine for animals in violation

of Section 826.023(c).

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.025. PROVISION OF VACCINE AND SERUM. (a) The

department may provide vaccine and hyperimmune serum in

accordance with board policies or procedures for the use and

benefit of a person exposed, or suspected of having been exposed,

to rabies.

(b) In accordance with board rules and eligibility standards,

the department is entitled to be reimbursed by or on behalf of

the person receiving the vaccine or serum for actual costs

incurred in providing the vaccine or serum.

(c) At the written request of the department, the attorney

general or the county or district attorney for the county in

which the recipient of the vaccine or serum resides may bring

suit or start other proceedings in the name of the state to

collect the reimbursement owed the department for the vaccine or

serum.

(d) A suit or other proceeding may be brought against:

(1) the recipient;

(2) the parent, guardian, or other person legally responsible

for the support of the recipient; or

(3) a responsible third party.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER D. REGISTRATION AND RESTRAINT OF DOGS AND CATS

Sec. 826.031. REGISTRATION OF DOGS AND CATS BY LOCAL

GOVERNMENTS. (a) The governing body of a municipality and the

commissioners court of a county may adopt ordinances or rules

under Section 826.014 or 826.015 requiring the registration of

each dog and cat within the jurisdiction of the municipality or

county.

(b) A dog or cat may not be subject to dual registration.

(c) The enforcing agency may collect a fee set by ordinance for

the registration of each dog or cat and may retain the fees

collected. The fees may be used only to help defray the cost of

administering this chapter or the ordinances or rules of the

enforcing agency within its jurisdiction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.0311. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND

CAT REGISTRY; CRIMINAL PENALTY. (a) Information that is

contained in a municipal or county registry of dogs and cats

under Section 826.031 that identifies or tends to identify the

owner or an address, telephone number, or other personally

identifying information of the owner of the registered dog or cat

is confidential and not subject to disclosure under Chapter 552,

Government Code. The information contained in the registry may

not include the social security number or the driver's license

number of the owner of the registered animal.

(b) The information may be disclosed only to a governmental

entity or a person that, under a contract with a governmental

entity, provides animal control services or animal registration

services for the governmental entity for purposes related to the

protection of public health and safety. A governmental entity or

person that receives the information must maintain the

confidentiality of the information, may not disclose the

information under Chapter 552, Government Code, and may not use

the information for a purpose that does not directly relate to

the protection of public health and safety.

(c) A person commits an offense if the person distributes

information that is confidential under this section. An offense

under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than 180 days;

or

(3) both the fine and confinement.

Added by Acts 1999, 76th Leg., ch. 1069, Sec. 2, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

686, Sec. 2, eff. June 15, 2007.

Sec. 826.032. REGISTRATION; CRIMINAL PENALTY. (a) A person

commits an offense if:

(1) the person fails or refuses to register or present for

registration a dog or cat owned by the person; and

(2) the animal is required to be registered under the ordinances

or rules adopted under this chapter by a county or municipality

within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.033. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF DOGS

AND CATS. (a) The governing body of a municipality and the

commissioners court of a county may adopt ordinances or rules

under Section 826.014 or 826.015 to require that:

(1) each dog or cat be restrained by its owner;

(2) each stray dog or cat be declared a public nuisance;

(3) each unrestrained dog or cat be detained or impounded by the

local rabies control authority or that officer's designee;

(4) each stray dog or cat be impounded for a period set by

ordinance or rule; and

(5) a humane disposition be made of each unclaimed stray dog or

cat on the expiration of the required impoundment period.

(b) A jurisdiction may not be subject to dual restraint

ordinances or rules.

(c) The enforcing agency may adopt an ordinance setting a fee

for the impoundment and board of a dog or cat during the

impoundment period. The animal's owner must pay the fee before

the animal may be released.

(d) The enforcing agency shall deposit the fees collected in the

treasury of the enforcing agency. The fees may be used only to

help defray the cost of administering this chapter or the

ordinances or rules of the enforcing agency within its

jurisdiction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 6, eff. May 5,

1995.

Sec. 826.034. RESTRAINT; CRIMINAL PENALTY. (a) A person

commits an offense if:

(1) the person fails or refuses to restrain a dog or cat owned

by the person; and

(2) the animal is required to be restrained under the ordinances

or rules adopted under this chapter by a county or municipality

within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER E. REPORTS AND QUARANTINE

Sec. 826.041. REPORTS OF RABIES. (a) A person who knows of an

animal bite or scratch to an individual that the person could

reasonably foresee as capable of transmitting rabies, or who

knows of an animal that the person suspects is rabid, shall

report the incident or animal to the local rabies control

authority of the county or municipality in which the person

lives, in which the animal is located, or in which the exposure

occurs.

(b) The report must include:

(1) the name and address of the victim and of the animal's

owner, if known; and

(2) any other information that may help in locating the victim

or animal.

(c) The local rabies control authority shall investigate a

report filed under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 7, eff; May 5,

1995.

Sec. 826.042. QUARANTINE OF ANIMALS. (a) The board shall adopt

rules governing the testing of quarantined animals and the

procedure for and method of quarantine.

(b) The local rabies control authority or a veterinarian shall

quarantine or test in accordance with board rules any animal that

the local rabies control authority or veterinarian has probable

cause to believe is rabid, may have been exposed to rabies, or

may have exposed a person to rabies.

(c) An owner shall submit for quarantine an animal that:

(1) is reported to be rabid or to have exposed an individual to

rabies; or

(2) the owner knows or suspects is rabid or has exposed an

individual to rabies.

(d) The owner shall submit the animal to the local rabies

control authority of the county or municipality in which the

exposure occurs.

(e) A veterinarian shall quarantine an animal that:

(1) is in the possession of the veterinarian; and

(2) the veterinarian knows or suspects is rabid or has exposed

an individual to rabies.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 8, eff. May 5,

1995.

Sec. 826.043. RELEASE OR DISPOSITION OF QUARANTINED ANIMAL. (a)

If a veterinarian determines that a quarantined animal does not

show the clinical signs of rabies, the veterinarian or local

rabies control authority shall release the animal to its owner

when the quarantine period ends if:

(1) the owner has an unexpired rabies vaccination certificate

for the animal; or

(2) the animal is vaccinated against rabies by a licensed

veterinarian at the owner's expense.

(b) If a veterinarian determines that a quarantined animal shows

the clinical signs of rabies, the veterinarian or local rabies

control authority shall humanely destroy the animal. If an animal

dies or is destroyed while in quarantine, the veterinarian or

local rabies control authority shall remove the head or brain of

the animal and submit it to the nearest department laboratory for

testing.

(c) The owner of an animal that is quarantined under this

chapter shall pay to the veterinarian or local rabies control

authority the reasonable costs of the quarantine and disposition

of the animal. The veterinarian or local rabies control authority

may bring suit to collect those costs. The county in which the

veterinarian is located may reimburse the veterinarian in a

reasonable amount set by the county for the costs of the

quarantine and disposition of an animal whose owner is unable to

pay.

(d) The veterinarian or local rabies control authority may sell

the animal and retain the proceeds or keep, grant, or destroy an

animal if the owner or custodian does not take possession of the

animal before the fourth day following the final day of the

quarantine period.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 9, eff. May 5,

1995.

Sec. 826.044. QUARANTINE; CRIMINAL PENALTY. (a) A person

commits an offense if the person fails or refuses to quarantine

or present for quarantine or testing an animal that:

(1) is required to be placed in quarantine or presented for

testing under Section 826.042 and board rules; or

(2) is required to be placed in quarantine under ordinances or

rules adopted under this chapter by a county or municipality

within whose jurisdiction the act occurs.

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.045. AREA RABIES QUARANTINE. (a) If rabies is known

to exist in an area, the board or its designee may declare an

area rabies quarantine to prevent or contain a rabies epizootic.

(b) On the declaration that a quarantine exists, the board

shall:

(1) define the borders of the quarantine area; and

(2) adopt permanent or emergency rules.

(c) The rules adopted under Subsection (b)(2) may include

conditions for the restraint of carnivorous animals and the

transportation of carnivorous animals into and out of the

quarantine area.

(d) The quarantine remains in effect until the 181st day after

the date on which the last case of rabies is diagnosed in a dog,

cat, or other animal species that caused the board or its

designee to declare a quarantine, unless the board or its

designee, by declaration, removes the quarantine before that

date.

(e) While the quarantine is in effect, the rules adopted by the

board supersede all other applicable ordinances or rules applying

to the quarantine area and apply until the board or its designee

removes the quarantine by declaration or until the rules expire

or are revoked by the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.046. VIOLATION OF AREA RABIES QUARANTINE; CRIMINAL

PENALTY. (a) A person commits an offense if the person violates

or attempts to violate a rule of the board adopted under Section

826.045 governing an area rabies quarantine.

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian

performing duties under this chapter is not liable to the owner

of an animal for the death of or injury to the animal except in a

case of wilful misconduct or gross negligence.

Added by Acts 1995, 74th Leg., ch. 44, Sec. 11, eff. May 5, 1995.

Sec. 826.048. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE

SERVICE ANIMALS. (a) In this section, "handler or rider" and

"police service animal" have the meanings assigned by Section

38.151, Penal Code.

(b) A police service animal is exempt from the quarantine

requirement of this subchapter if the animal bites a person while

the animal is under routine veterinary care or while the animal

is being used for law enforcement, corrections, prison or jail

security, or investigative purposes. If after biting the person

the animal exhibits any abnormal behavior, the law enforcement

agency and the animal's handler or rider shall make the animal

available within a reasonable time for testing by the local

health authority.

Added by Acts 2001, 77th Leg., ch. 979, Sec. 2, eff. Sept. 1,

2001.

SUBCHAPTER F. QUARANTINE AND IMPOUNDMENT FACILITIES

Sec. 826.051. MINIMUM STANDARDS FOR QUARANTINE AND IMPOUNDMENT

FACILITIES. (a) The board shall adopt rules governing the types

of facilities that may be used to quarantine animals.

(b) The board by rule shall establish minimum standards for

impoundment facilities and for the care of impounded animals.

(c) In accordance with board rules, a local rabies control

authority may contract with one or more public or private

entities to provide and operate a quarantine facility.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 12, eff. May 5,

1995.

Sec. 826.052. INSPECTIONS. An employee of the department, on

the presentation of appropriate credentials to the local rabies

control authority or the authority's designee, may conduct a

reasonable inspection of a quarantine or impoundment facility at

a reasonable hour to determine if the facility complies with:

(1) the minimum standards adopted by the board for those

facilities; and

(2) the requirements for animal control officer training adopted

under Chapter 829.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 13, eff. May 5,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1331, Sec. 3, eff. September 1, 2007.

Sec. 826.053. HEARING. (a) A person aggrieved by an action of

the department in amending, limiting, suspending, or revoking any

approval required of the department by this chapter may request a

hearing before the department.

(b) The department shall conduct the hearing held under this

section in accordance with Chapter 2001, Government Code and the

department's formal hearing rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.

Sept. 1, 1995.

Sec. 826.054. SUITS TO ENJOIN OPERATION OF QUARANTINE OR

IMPOUNDMENT FACILITY. (a) At the request of the commissioner,

the attorney general may bring suit in the name of the state to

enjoin the operation of a quarantine or impoundment facility that

fails to meet the minimum standards established by this chapter

and board rules.

(b) The suit shall be brought in a district court in the county

in which the facility is located.

(c) When a court issues an order to a facility to cease

operation, the local rabies control authority shall remove all

animals housed in the facility to a shelter approved by the

department. The county or municipality within whose jurisdiction

the facility is located shall pay the cost of relocating the

animals to an approved shelter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 44, Sec. 14, eff. May 5,

1995.

Sec. 826.055. QUARANTINE OR IMPOUNDMENT FACILITY; CRIMINAL

PENALTY. (a) A person commits an offense if the person operates

a facility for quarantined or impounded animals that fails to

meet standards for approval established by:

(1) board rules; or

(2) ordinances or rules adopted under this chapter by a county

or municipality.

(b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.