Unfortunately, not everyone is a good dog owner. Some owners mistreat their pets, leave them out in the heat or the weather, or leave them chained in the yard where they may become aggressive. Others actually train dogs to fight or be aggressive. If you live near someone with a dog like this, you know it is a dog attack waiting to happen. How can you protect yourself? The answer is to file an affidavit declaring the dog dangerous. Below is a discussion of the law and the step-by-step process to do this in Houston. Most major cities have a similar process you can find on their city website.
Texas Dangerous Dog Law
Title 10 of the Texas Health and Safety Code, section 822, deals with “dangerous dogs.” Under that chapter, a Dangerous Dog is defined as a dog that either:
- 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;
- Commits unprovoked acts outside an enclosure that was reasonably certain to prevent the dog from leaving on its own, and those acts cause a person to reasonably believe the dog will attack and cause bodily injury to that person.
The second prong above is very important. Notice that the dog does not have to bite to be declared dangerous. It only has to “commit unprovoked acts” outside of its enclosure that cause a person to believe it will attack and cause harm. In other words, if the dog is outside its home/fence and lunges, snarls, growls, or otherwise threatens someone to the point that a reasonable person would believe it would attack, it can be declared a dangerous dog. The dog could even be on a leash with the owner when this happens. This law is separate and apart from the Houston leash law. It also does not have to be a specific dangerous dog breed. Even the tiniest dog that bites can be a dangerous dog under the law.
The Process to Declare a Dog Dangerous
Most municipalities in Texas have adopted their own version of the Texas Dangerous Dog Law, which may include a few more restrictive twists. Most have also adopted a procedure for initiating proceedings to have a dog declared dangerous. In Houston, you can find this procedure in the Code of Ordinances, Chapter 6.
Affidavit to Initiate Dangerous Dog Proceedings
You start by filing a sworn statement or affidavit with the Bureau of Animal Regulation and Care (BARC). For all practical purposes, BARC is Houston Animal Control. The photo on the right is a downloadable affidavit form to initiate proceedings to declare a dog a dangerous dog. Once the affidavit is completed, you can mail it in to:
Attn Animal Control
3200 Carr Street
Houston, TX 77026
Once we receive a sworn affidavit, a Houston Animal Control Manager must review it to determine whether the complaint meets the state definition of a dangerous dog. Therefore, track the statute’s language in your affidavit as closely as possible. Describe facts showing the incident happened outside the dog’s enclosure and facts showing the dog either attacked someone or acted aggressively toward someone, giving you a reasonable belief the dog is dangerous and would attack if given the opportunity.
Once the affidavit meets the statutory definition, an investigation determines whether the dog is dangerous. If the Animal Control Manager believes there are grounds to declare the dog dangerous, the Manager issues notice and holds a hearing to determine whether the dog is dangerous. The dog is impounded pending the hearing.
Dangerous Dog Hearing
At the hearing, a Hearing Officer hears the case and decides whether to declare the dog dangerous. You may be called to testify as a witness. If so, dress well, arrive on time, and cooperate with the Court when testifying.
If the Hearing Officer decides that the dog is a dangerous dog and has attacked a person causing serious injury or death, he may order the dog to be put down. If the dog is determined dangerous but not ordered euthanized, the owners will be ordered to comply with the Health and Safety Code conditions for owning a dangerous dog. Those conditions include:
- that the dog be kept in a secure enclosure that has a floor, a roof, and four walls as well as a lock that keeps the dog in and the public out
- dangerous dog warning signs on the enclosure
- a muzzle on the dog any time it leaves the enclosure
- a travel cage for the dog when being transported that is clearly marked “dangerous dog.”
- proof of $100,000.00 in liability insurance covering any attacks by the dog
- an orange collar marked “dangerous dog” worn at all times
- proof of up-to-date rabies vaccinations
If the dog is found not to be dangerous, it will be returned to the owners. The owner has 30 days to comply with the Hearings Officer’s order, or the dog may be euthanized.
Civil Actions for Dog Attacks
Under Texas law, a dog owner is not responsible for an attack by his dog unless it can be proven that he was aware of the dog’s vicious propensity. That is, you must show the dog owner knew or should have known of his dog’s vicious nature. Having a dog declared dangerous puts the owner on notice that he has such a dog and puts him or her in a position where he cannot claim he did not know the dog’s vicious nature.
Proving the dog owner’s knowledge can be difficult without the dog having already been declared dangerous. Hire a knowledgeable dog bite lawyer in Houston to investigate the case. Send out an open records request for prior bites, and determine whether evidence of the dog’s vicious nature existed and whether the dog’s owner knew or should have seen the warning signs.
*Animal control in the Houston area typically falls under BARC in city limits and Harris County Animal Control in the unincorporated areas around Houston city limits.
