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Sec. 2.901 Dangerous Dog Defined

As used in this article, “dangerous dog” means a dog that:

(1) 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

(2) Commits unprovoked acts 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 and those acts cause bodily injury to that person.

Sec. 2.902 Animal Control or Authorized Person to Investigate Incidents; to Rule on Dangerous Dogs; Appeals

(a) If a person reports an unprovoked attack the animal control or his or her designee may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control or his or her designee determines that the dog is a dangerous dog, he/she shall notify the owner of that fact.

(b) An owner, not later than the thirtieth (30th) day after the date the owner is notified that his/her dog is a dangerous dog, may appeal the determination of the animal control or his or her designee to municipal court of competent jurisdiction. An owner may appeal the decision of the municipal court in the same manner as appeal for other civil cases.

Sec. 2.903 Requirements for Owners of Dangerous Dogs

(a) Not later than the thirtieth (30th) day after a person learns that he/she is the owner of a dangerous dog, he/she shall:

(1) Register the dangerous dog with the animal control or his or her designee;

(2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and

(3) Obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.

(b) For purposes of this article, a person learns that he/she is the owner of a dangerous dog when:

(1) The owner knows of an attack; or

(2) The owner is informed by the animal control or his or her designee that the dog is a dangerous dog.

Sec. 2.904 Registration of Dangerous Dogs

(a) The animal control or his or her designee shall formally register a dangerous dog if the owner:

(1) Presents proof of:

(A) Liability insurance or financial responsibility;

(B) Current rabies vaccination of the dangerous dog; and

(C) The secure enclosure in which the dangerous dog will be kept; and

(2) Pays an annual registration fee as provided for in the fee schedule found in the appendix of this code.

(b) The animal control or his or her designee shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog’s collar.

(c) If an owner of a registered dangerous dog sells or moves the dog to a new address within the city, he/she, not later than the fourteenth (14th) day after the date of sale or move, shall notify the animal control or his or her designee. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee as provided for in the fee schedule found in the appendix of this code, the city shall issue a new registration tag to be placed on the dog’s collar.

(d) Every owner of a registered dangerous dog shall notify the city where the dog was registered of any attacks the dangerous dog makes on people.

Sec. 2.905 Attacks by Dangerous Dog

(a) A person commits an offense if his/her dangerous dog makes an unprovoked attack on another person outside the dog’s enclosure and causes bodily injury to the other person. Should the attack cause serious bodily injury or death, the person may be subject to other criminal prosecution under the laws of the state in a court of competent jurisdiction.

(b) If a person is found guilty of an offense under this article, the court may order that the dangerous dog be destroyed.

(c) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.

Sec. 2.906 Defenses

(a) It is a defense to prosecution under this article 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 and while performing the duties of that position.

(b) It is a defense to prosecution under this article that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and such person has temporary ownership, custody, or control of the dog in connection with and while performing the duties of that position.

(c) It is a defense to prosecution under this article that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act found in Article 4413 (29bb), Vernon’s Texas Civil Statutes and while performing the duties of that position.