(a) The department may impose an administrative penalty against a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. Food, Drugs, Alcohol, and Hazardous Substances, Mental Health and Intellectual Disability, Civil Commitment of Sexually Violent Predators, Environmental, Health, and Safety Audit Privilege Act, Lawyer Referral & Information Service (LRIS). 76, Sec. (k) Within the 30-day period, a person who acts under Subsection (j)(3) may: (A) paying the amount of the penalty to the court for placement in an escrow account; or, (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the department's order is final; or. The following section was amended by the 88th Legislature. January 1, 2022. Sept. 1, 1997. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. (A) an inpatient or outpatient mental health facility operated by the department, a federal agency, a political subdivision, or any person; (B) a community center or a facility operated by a community center; (C) that identifiable part of a general hospital in which diagnosis, treatment, and care for persons with mental illness is provided; or. HEALTH SUBTITLE A. (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. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. Sept. 1, 1993. (c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. (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. LOCAL REGULATION OF DANGEROUS DOGS. Amended by Acts 1993, 73rd Leg., ch. 770, Sec. (b) The state shall be made a party in a habeas corpus proceeding described in Subsection (a). 1, eff. 822.029. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. Code ch. (A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature; (B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or. 1 (S.B. (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. 2, eff. Texas Health and Safety Code Section 81.083 (2019) - Justia Law 822.004 and amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 822.043. (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. 1436), Sec. 571.0167. Read this complete Texas Health and Safety Code - HEALTH & SAFETY 166.049. 76, Sec. 571.009. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004. Sec. DEFENSE. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL. (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. 367, Sec. For example: In this example, (3), (4), 1, eff. 219), Sec. 367, Sec. Acts 2015, 84th Leg., R.S., Ch. (c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. Environmental, Health, and Safety Audit Privilege Act. 2, eff. SUBCHAPTER C. COUNTY REGISTRATION AND REGULATION OF DOGS. (b) Not later than the 10th day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Department of State Health Services. 571.021. (b) The county judge shall issue a proclamation declaring the result of the election if the vote is in favor of the measure. 4559, 88th Legislature, Regular Session, for amendments affecting the following section. 1889), Sec. (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. TEXAS MENTAL HEALTH CODE INFORMATION PROGRAM. The probate judge or magistrate shall be available at all times at the request of a person apprehended or detained under Chapter 573, or a proposed patient under Chapter 574. Step 1 Type the name of the state followed by the title of the codes or statutes using abbreviations. April 2, 2015. 22(14), eff. Tex. 322, Sec. Health & Safety Code. Aug. 28, 1995; Acts 1995, 74th Leg., ch. (2) the commissioners court of the county authorizes the payment, if appropriate. 4, eff. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. and (4)(a) are all outline levels, but Added by Acts 1991, 72nd Leg., ch. April 2, 2015. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. (f) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the department or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. SHORT TITLE. (3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. 3.01(a), eff. 822.001 and amended by Acts 1997, 75th Leg., ch. Health and Safety Code Chapter 571. General Provisions Capitalize the first letter of each word in the title, with the exception of articles, prepositions and conjunctions with less than four letters. POWERS AND DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 13. How do I Cite FAA Advisory Circulars in APA Format. (d) On his own initiative, the attorney general, district attorney, or county attorney may maintain an action as authorized by Subsection (b) for a violation of this subtitle or a rule adopted under this subtitle in the name of the state. 1355), Sec. This subsection does not affect another provision of this subtitle requiring the release or discharge of a person. Sec. 571.007. Sept. 1, 1997. Texas Health and Safety Code Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1991, 72nd Leg., ch. Pending publication of the current statutes, see H.B. Sec. Acts 2011, 82nd Leg., R.S., Ch. Texas Health and Safety Code - HEALTH & SAFETY 611.004 | FindLaw 27, eff. 571.001. and its subsequent amendments or the regulations adopted under that Act. 1355), Sec. 822.101. GENERAL PROVISIONS Sec. ATTACK BY DANGEROUS DOG. The State Bar of Texas runs a service for finding (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. ENFORCEMENT OFFICERS. Texas Health and Safety Code, Chapter 166 Known as the Texas Advanced Directives Act, this chapter governs how and when three advanced medical directives (directive to physicians, medical powers of attorney, and do not resuscitate orders) may be issued, executed, and revoked. (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) the dog was not 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 the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or. 1 (S.B. Leg. Acts 2013, 83rd Leg., R.S., Ch. 99, Sec. RESTRAINT AND SECLUSION. (e) An order transferring a criminal defendant against whom all charges have been dismissed to the appropriate court for a hearing on court-ordered mental health services in accordance with Subchapter F, 3 Chapter 46B, Code of Criminal Procedure, serves as an application under this section. INSPECTION. Acts 1989, 71st Leg., ch. FILING REQUIREMENTS. 166.092. 678, Sec. 571.016. 916, Sec. 5.95(15), eff. 1, eff. APPLICATION OF CONTROL MEASURES TO INDIVIDUAL. April 2, 2015. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. Sec. (e) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 and the dog is returned to the owner or destroyed. (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or. 832 (H.B. 678, Sec. Sec. Sec. The costs shall be billed by the clerk of the court conducting the hearings. 822.041. 3.111, eff. This subchapter applies only to a county that adopts this subchapter by a majority vote of the qualified voters of the county voting at an election held under this subchapter. MEDICAL RECORDS PRIVACY SUBCHAPTER A. (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Chapter 323 (Texas Legislative Council), Government Code.The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change. How to Cite State Codes or Statutes in APA Style 822.103. Sec. (b) The penalty for a violation may be in an amount not to exceed $25,000. May 31, 1997; Acts 1999, 76th Leg., ch. INTERVAL BETWEEN ELECTIONS. (b) The department or party bringing the suit may: (1) combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 571.022 or 577.019; or. APPLICATION TO CERTAIN PROPERTY. 1, Sec. Sec. (a) The department shall hold seminars as necessary to increase understanding of and properly implement revisions to this subtitle. (b) A person may report an incident described by Section 822.041(2) to a municipal court, a justice court, or a county court. (5) any other information the animal registration agency may require. Sept. 1, 1989. Sec. (a) At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct in the name of the state a suit for a violation of this subtitle or a rule adopted under this subtitle. (B) grossly impairs behavior as demonstrated by recent disturbed behavior. (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 571.0081. (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and. May 12, 1999; Acts 1999, 76th Leg., ch. (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. we provide special support 99, Sec. (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. The following section was amended by the 88th Legislature. Sec. (a) This section applies only to a county with a population of more than 2,800,000, to a county in which the commissioners court has entered an order electing to be governed by this section, and to a municipality in which the governing body has adopted an ordinance electing to be governed by this section. 822.011. Dnr Identification Device. (7) "General hospital" means a hospital operated primarily to diagnose, care for, and treat persons who are physically ill. (8) "Hospital administrator" means the individual in charge of a hospital. (b) If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of persons committed to mental health facilities in this state to the state of their residence unless the department determines that the terms of the agreement are not acceptable. Amended by Acts 1997, 75th Leg., ch. (c) 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Texas Health and Safety Code Section 311.0025 - Audits of Billing Chapter 137 of the Texas Civil Practice and Remedies Code Using Texas Administrative Code - Texas State University 3.11, eff. Texas Health and Safety Code Section 611.004 - Texas.Public.Law EXTENSION OF DETENTION PERIOD. Leg. Acts 2021, 87th Leg., R.S., Ch. (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. June 14, 2001. Compliance With Out-of-hospital Dnr Order. (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. Amended by Acts 1995, 74th Leg., ch. 669, Sec. (3) "Dangerous dog," "dog," "owner," and "secure enclosure" have the meanings assigned by Section 822.041. September 1, 2007. 822.104. 3.1357, eff. (a) A person commits an offense if the person violates Section 822.103(a), Section 822.106, or Section 822.110(a) or (b). (A) does not compromise the public's health and safety; (B) does not reduce the total area of the primary enclosure below that established by the executive commissioner; and. 571.026. 822.102. Sept. 1, 1993. Renumbered from Health & Safety Code Sec. HEALTH AND SAFETY CODE TITLE 7. List the name of the statute, followed by a period. (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. APA style is a method of citing references developed 80 years ago by the American Psychological Association and is designed to augment a straightforward, precision approach to academic and professional writing. CRIMINAL PENALTIES. (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. 822.027. Acts 2015, 84th Leg., R.S., Ch. (a) On receiving a petition signed by at least 100 qualified property taxpaying voters of the county or a majority of the qualified property taxpaying voters of the county, whichever is less, the commissioners court of a county shall order an election to determine whether the registration of and registration fee for dogs will be required in the county. 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. 1436), Sec. Sec. Texas Health and Safety Code > Title 4 > Subtitle B - LawServer 1420, Sec. Q. How do you cite the Texas Administrative Code both in the Sec. 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. Procedure When Person Has Not Executed or Issued Out-of-hospital Dnr Order and Is Incompetent or Incapable of Communication. NOTICE. Both the Publication Manual of the American Psychological Association and The Bluebook Manual of Legal Citation indicate that state statutes (laws that have been passed and added to the state code), should be cited to the code. Therefore, when citing state codes, you should use the general format for federal documents. NOTICE OF SUIT. (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. (b) If the result of an election is for the registration of and registration fee for dogs, an election to repeal the registration and fee may not be held for two years from the date of the election. 571.020. In Microsoft Word click the Insert tab then click Symbol. Click More Symbols at the bottom of the box and scroll to the symbol. Added by Acts 1993, 73rd Leg., ch. ATTACK BY DOG. 1, eff. Sec. 822.047. 1 (S.B. April 2, 2015. 5.95(49), (53), (59), eff. (3) the minimum term of imprisonment specified by Section 481.112 (f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000. Code ch. (d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle. June 13, 2001; Acts 2001, 77th Leg., ch. Texas Health and Safety Code - HEALTH & SAFETY 242.001 | FindLaw (6) any other matter that justice may require. 219), Sec. Health and Safety Code Chapter 382. Clean Air Act (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. Sec. 571.002. Sec. Under Chapter 10 (Texas Statutes) The Greenbook requires citations to the Texas code to include "West" in the parenthetical before the date to note the publisher of the official Texas code. (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. 99, Sec. an attorney in good standing. TITLE 7. The hearing must be held not later than the 10th day after the date on which the warrant is issued. MENTAL HEALTH RECORDS Sec. 2, eff. 335 (H.B. (a) A person who participates in the examination, certification, apprehension, custody, transportation, detention, treatment, or discharge of any person or in the performance of any other act required or authorized by this subtitle and who acts in good faith, reasonably, and without negligence is not criminally or civilly liable for that action. Tex. Health & Safety Code 481.001 - Casetext 822.0422. If the attorney general brings an action to enforce an administrative penalty assessed under this chapter and the court orders the payment of the penalty, the attorney general may recover reasonable expenses incurred in the investigation, initiation, or prosecution of the enforcement suit, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses. 1, eff. 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. 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? (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. (e) If it is shown on the trial of an individual that the individual has previously been convicted of an offense under this section, the offense is punishable by: (1) a fine of not less than $100 or more than $50,000 for each violation and each day of a continuing violation; (2) confinement in jail for not more than four years for each violation and each day of a continuing violation; or. DOGS OR COYOTES THAT ATTACK ANIMALS. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND MUNICIPALITIES. (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. 219), Sec. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. June 16, 1995; Acts 1997, 75th Leg., ch. PROCEEDINGS ON BEHALF OF THE STATE. HABEAS CORPUS PROCEEDINGS. The legislature occasionally skips outline levels. Sept. 1, 1993. (8) safeguarding the rights of the person who voluntarily requests inpatient care. (a) A person commits an offense if the person intentionally: (1) fails or refuses to register a dog required to be registered under this subchapter; (2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or. The proclamation shall be published at least once in an English language newspaper of general circulation in the county or, if there is no English language newspaper of general circulation in the county, the proclamation shall be posted at the courthouse door. Health and Safety Code /. (f) A proposed patient's county of residence shall pay the court-approved expenses incurred under Section 574.010 if ordered by the court under that section. Sec. RELOCATION OR DISPOSITION OF ANIMAL. 337, Sec. Amended by Acts 1999, 76th Leg., ch. 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.
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