678, Sec. (c) It is a defense to prosecution under Section 822.044 or Section 822.045 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. 890), Sec. APPLICATION TO PERSONS CHARGED WITH CRIME. September 1, 2013. (b) On his own initiative, the attorney general or district or county attorney may maintain an action for a violation of this subtitle or a rule adopted under this subtitle in the name of the state. Sec. Sept. 1, 1989. September 1, 2017. and its subsequent amendments. We will always provide free access to the current law. Sec. 1, eff. 219), Sec. INSPECTION. (13) "Mental hospital" means a hospital: (A) operated primarily to provide inpatient care and treatment for persons with mental illness; or. Added by Acts 2017, 85th Leg., R.S., Ch. 822.035. 99, Sec. 1 (S.B. (11) "Local mental health authority" means an entity to which the executive commissioner delegates the executive commissioner's authority and responsibility within a specified region for planning, policy development, coordination, including coordination with criminal justice entities, and resource development and allocation and for supervising and ensuring the provision of mental health services to persons with mental illness in the most appropriate and available setting to meet individual needs in one or more local service areas. Jan. 1, 2004. 1999 Virg. Sec. 822.002. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. If the 72-hour period ends on a Saturday, Sunday, or legal holiday, the filing period is extended until 4 p.m. on the first succeeding business day. 1, Sec. 822.0421. 916, Sec. Getting Legal Help. Not later than the seventh day before the date on which the attorney general intends to bring suit on his own initiative, the attorney general shall provide to the department notice of the suit. (a) A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. Health and Safety Code 611.004. 822.042. April 2, 2015. Initial consultations Sec. 1355), Sec. (f) The owner shall pay a cost or fee assessed under Section 822.042(d). (C) a person authorized to perform medical acts under a physician-in-training permit at a Texas postgraduate training program approved by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Texas Medical Board. 1, eff. The executive commissioner shall establish a procedure for filing a certificate of registration and by rule shall establish a reasonable fee to be collected by the department in an amount sufficient to recover the cost associated with filing a certificate of registration under this subsection. 678, Sec. (2) the commissioners court of the county authorizes the payment, if appropriate. 1, eff. (2) if the county has no county attorney, the district attorney, the criminal district attorney, or a court-appointed special prosecutor shall represent the state. Sec. (c) At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct the suit authorized by Subsection (b) in the name of the state. Amended by Acts 2003, 78th Leg., ch. Therefore, when citing state codes, you should use the general format for federal documents. POWERS AND DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 13. April 2, 2015. 1, eff. 571.0165. Acts 2015, 84th Leg., R.S., Ch. An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter. (b) A certificate of registration issued under this subchapter is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. Added by Acts 1991, 72nd Leg., ch. (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. (a) The department shall hold seminars as necessary to increase understanding of and properly implement revisions to this subtitle. 31, eff. Sec. 1, eff. 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. 916, Sec. Amended by Acts 2001, 77th Leg., ch. EFFECT OF SUBCHAPTER ON OTHER LAW. Federal Rules of Appellate Procedure; Federal Rules of Civil Procedure; Federal Rules of Criminal Procedure; Federal Rules of Evidence; Federal Rules of Bankruptcy Procedure; U.C.C. 669, Sec. Amended by Acts 1999, 76th Leg., ch. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. 705, Sec. Compliance With Out-of-hospital Dnr Order. Added by Acts 1991, 72nd Leg., ch. 76, Sec. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. Code ch. Dnr Identification Device. If a person detained under this subtitle would otherwise be released because the original signed copy of a paper is not filed within the 72-hour period but for the extension of the filing period under this section, the person may be detained until the expiration of the extended filing period. (d) For the purpose of this section, the department shall coordinate, as appropriate, with a mental health facility, a mental hospital, health service providers, courts, and law enforcement personnel located in the geographic area nearest the petitioning state. (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. 334 (H.B. Sec. 2283), Sec. (d) If the clerk does not receive the original signed copy of a paper within the period prescribed by this section, the judge may dismiss the proceeding on the court's own motion or on the motion of a party and, if the proceeding is dismissed, shall order the immediate release of a proposed patient who is not at liberty. (i) It is a defense to prosecution under Section 822.005(a) that, at the time of the conduct charged, the person's dog was on a leash and the person: (1) was in immediate control of the dog; or. (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; (3) the exact location where each animal is to be kept; (A) all information in the application is complete and accurate; and, (B) the applicant has read this subchapter and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this subchapter; and. COSTS. Sec. Added by Acts 1997, 75th Leg., ch. In this subtitle: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. (5) "Owner" means any person who owns, harbors, or has custody or control of a dangerous wild animal. CERTIFICATE OF REGISTRATION APPLICATION. Sec. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. 1050 (S.B. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both. Added by Acts 2003, 78th Leg., ch. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. The owner shall pay any cost incurred in seizing the dog. (c) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. Environmental, Health, and Safety Audit Privilege Act. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 530 (H.B. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense. Tex. Health & Safety Code 611.004 - Casetext September 1, 2021. (n) Judicial review of the order of the department: (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster. Sept. 1, 1991. 1355), Sec. Sept. 1, 1989. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. 822.043. 870, Sec. 571.004. 822.026. Sec. (c) A mental health facility, physician, or other mental health professional is not liable for an injury or other damages sustained by a person as a result of the failure of the facility, physician, or professional to administer or perform a treatment prohibited by statute or rules adopted by the executive commissioner. (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. 1, eff. 6, eff. Sec. DEFENSES. 822.022. (e) This section does not affect access of law enforcement personnel to necessary information in execution of a writ or warrant. (4) "Secure enclosure" means a fenced area or structure that is: (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. Sec. June 17, 2011. Aug. 30, 1993. Amended by Acts 1993, 73rd Leg., ch. 822.115. to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051 (Notice)(e), Civil Practice and Remedies Code. (6) "Facility administrator" means the individual in charge of a mental health facility. 3.1358, eff. 2, eff. GENERAL PROVISIONS Sec. 530 (H.B. (T) any hybrid of an animal listed in this subdivision. 571.0081. Amended by Acts 2001, 77th Leg., ch. The process must: (1) provide suitable care for the person committed to a mental health facility; (2) use available resources efficiently; and. 822.0012. 3342), Sec. 822.012. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. SUBCHAPTER B. Sept. 1, 1993. (f) A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund. REGISTRATION. 2, eff. PURPOSE. 722, Sec. Many codes are published in two editions - the official edition and an annotated edition with notes about related cases and articles. 1, eff. The following section was amended by the 88th Legislature. September 1, 2007. 723 (H.B. This subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (c) A physician or inpatient mental health facility that discharges a voluntary patient is not liable for the discharge if: (1) a written request for the patient's release was filed and not withdrawn; and. EXECUTIVE COMMISSIONER AND DEPARTMENT POWERS. Acts 2007, 80th Leg., R.S., Ch. 678, Sec. (a) Each application, petition, certificate, or other paper permitted or required to be filed in a probate court or court having probate jurisdiction under this subtitle must be filed with the county clerk of the proper county. 822.0422. 573, Sec. (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. Sec. 822.004 and amended by Acts 1997, 75th Leg., ch. Texas Health and Safety Code Chapter 166 - Advance Directives Sec. (C) does not otherwise adversely affect the overall welfare of the animal involved. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. 169 (S.B. Texas Health and Safety Code - HEALTH & SAFETY 574.001 | FindLaw Acts 2011, 82nd Leg., R.S., Ch. Section 2131 et seq.) The certificate shall be attached to the citation and returned by the serving officer. 1, eff. (d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle. 219), Sec. 669 (H.B. (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. Acts 1989, 71st Leg., ch. (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. Sec. Under general subject headings and specific sub-headings, the General Index provides detailed cross-references to relevant rules and regulations adopted by the various agencies, commissions, and departments of the State of Texas and codified in the TAC. Advanced Directives for Medical Care - Texas State Law Library Sept. 1, 1997. Amended by Acts 1993, 73rd Leg., ch. Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may find that a violation has occurred and impose a penalty or may find that no violation occurred. 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. September 1, 2009. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. An offense under this subsection is punishable by a fine of not more than $100. 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. Sec. 822.029. 916, Sec. 1, eff. 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. Code ch. LOCAL REGULATION OF DOGS. 107, Sec. Sept. 1, 2003. However, the commissioners court of the county may set the fee in an amount of more than $1 but not more than $5, and if the court sets the amount of the fee the owner must pay that amount. (a) Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located. Leg. Sept. 1, 2001. 698 (S.B. NOTICE OF SUIT. (5) "Department" means the Department of State Health Services. Sec. 976 (S.B. Sec. 1, eff. 76, Sec. Acts 2015, 84th Leg., R.S., Ch. Renumbered from Health & Safety Code Sec. Added by Acts 1995, 74th Leg., ch. 1 (S.B. Sec. (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. Health and Safety Code Chapter 822. Regulation of Animals 571.024. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or. Sec. PROCEEDINGS ON BEHALF OF THE STATE. Renumbered from Health & Safety Code Sec. (a) An owner of a dog registered under this subchapter must pay a registration fee of $1. increasing citizen access. 1, Sec. 822.108. 1329), Sec. 3.1601, eff. List the name of the statute, followed by a period. The order must state that all charges have been dismissed. Acts 2015, 84th Leg., R.S., Ch. (a) A petition for a writ of habeas corpus arising from a commitment order must be filed in the court of appeals for the county in which the order is entered. RETURN OF COMMITTED PATIENT TO STATE OF RESIDENCE. Health and Safety Code Chapter 571. General Provisions 571.002. Bluebook Legal Citations: Citing Statutes - University of Houston May 31, 1997; Acts 1999, 76th Leg., ch. 3.10(a), eff. 1, eff. Pregnant Patients on Westlaw. April 2, 2015. Sec. Sept. 1, 1993. Sec. 1436), Sec. 472 (S.B. (d) The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog. The attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a patient. DEFINITIONS. List the number or year of the volume in which the statute appears. How do I Cite FAA Advisory Circulars in APA Format. (2) the person charged with the costs is a person or estate liable for the patient's support in a department mental health facility. (a) If a majority of those voting at the election vote in favor of the measure, the requirement that dogs be registered takes effect in the county on the 10th day after the date on which the result of the election is declared. Sept. 1, 2001. 1889), Sec. (c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the municipality in which the animal is located not later than the 15th day after the date the certificate of registration is denied or revoked. 822.116. 1, eff. ATTACK BY DANGEROUS DOG. Texas Health and Safety Code - HEALTH & SAFETY 611.004 | FindLaw (c) The delegation of a duty under this section does not relieve the department or a facility administrator from responsibility. (c) The department may solicit, receive, and expend funds it receives from public or private organizations to fund the seminars. How to Cite State Codes or Statutes in APA Style Added by Acts 2017, 85th Leg., R.S., Ch. Type the chapter number, with the word chapter abbreviated as ch. Type the chapter number followed by a comma. LEAST RESTRICTIVE APPROPRIATE SETTING. (a) The costs for a hearing or proceeding under this subtitle shall be paid by: (1) the county in which emergency detention procedures are initiated under Subchapter A or B, Chapter 573; or. (5) if an applicant holds a Class "A" or Class "B" dealer's license or Class "C" exhibitor's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. In addition to the notice required by Section 4.003, Election Code, notice of an election under this subchapter shall be published at least once in an English language newspaper of general circulation in the county. April 2, 2015. 822.013. 1, eff. If the registration information is not recorded on microfilm, as may be permitted under other law, it shall be recorded in a book kept for that purpose. Citing Sources Home Statutes and Codes Statutes are published in books called codes, which present laws for a particular jurisdiction arranged by subject. Sept. 1, 1997. 4, 19, eff. Her work focuses on tutorials and self-help articles. (D) with respect to a reciprocal agreement entered into under Section 571.0081, any hospital or facility designated as a place of commitment by the department, a local mental health authority, and the contracting state or local authority. (q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. Sec. Sec. Search by Keyword or Citation. (a) The executive commissioner by rule shall require a mental health facility that admits a patient under this subtitle to provide to the patient in the patient's primary language, if possible, information relating to prescription medications ordered by the patient's treating physician. (6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals. (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. (d) A department facility administrator may detain for not more than 96 hours pending a court order in a commitment proceeding in this state a patient returned to this state from another state where the person was committed. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the Association of Zoos and Aquariums; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code; (6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and.
Does Jerusalem Restaurant Serve Alcohol,
Should I Move Away From My Family Quiz,
King Middle School Website,
Articles H