§ 822.041. Definitions

Codes > Texas Health and Safety Code > Title 10 > Chapter 822 : Subchapter D > 822.041. Definitions

822.041. Definitions

In this subchapter:

(1) “Animal control authority” means a municipal or county animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office.

(2) “Dangerous dog” means a dog that:

(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

(B) 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 a person to reasonably believe that the dog will attack and cause bodily injury to that person.

(3) “Dog” means a domesticated animal that is a member of the canine family.

(4) “Secure enclosure” means a fenced area or structure that is:

(A) locked;

(B) capable of preventing the entry of the general public, including children;

(C) capable of preventing the escape or release of a dog;

(D) clearly marked as containing a dangerous dog; and

(E) in conformance with the requirements for enclosures established by the local animal control authority.

(5) “Owner” means a person who owns or has custody or control of the dog.