Texas Health & Safety Code § 822.044 – Seizure and Court Disposition of Dangerous Dogs
Table of Contents
Statutory Text:
(a) If a person fails to comply with Section 822.042 or 822.043, the animal control authority may seize the dangerous dog in question.
(b) The authority shall provide written notice to the owner of the dog’s seizure and inform the owner that a hearing will be held.
(c) The authority must file a complaint in a justice, county, or municipal court requesting a hearing to determine whether the dog should be destroyed.
(d) The hearing must be conducted as soon as practicable. The court shall order the destruction of the dog if the court finds that the owner has failed to comply with applicable sections and that the dog is a continuing threat to public safety.
(e) The owner may appeal the decision of the court in the manner provided for the appeal of cases from justice, county, or municipal court.
What Does This Law Do?
This statute gives animal control the legal power to confiscate a dangerous dog if its owner fails to follow the requirements in § 822.042 or § 822.043 (such as leash, registration, and insurance mandates). It also outlines the judicial process for determining whether the dog should be destroyed.
Example Scenario
An owner fails to register a dog that was declared dangerous after a bite. The dog escapes again and chases pedestrians, though no one is hurt. Animal control seizes the dog and files a complaint in municipal court. The court hears evidence and orders the dog destroyed due to the owner’s noncompliance and the ongoing risk.
When This Law Applies
This statute is triggered when:
The owner of a legally declared dangerous dog fails to register it
The owner does not restrain the dog properly or provide proof of insurance
The owner moves and fails to notify the authorities as required
The dog is seen as an ongoing danger to the public
Animal control may act without a bite occurring again. The risk alone can justify seizure and a court petition for destruction.
Related Statutes
§ 822.041 – Definitions
§ 822.042 – Dangerous Dog Owner Requirements
§ 822.043 – Registration and Restraint Rules
§ 822.045 – Defenses in Dangerous Dog Cases
Texas Rules of Civil Procedure – Appeals from Municipal Court
Texas Case Law Interpreting § 822.044
The court upheld the seizure and destruction of a dog where the owner failed to follow enclosure and registration requirements.
Clarified the procedural rights of owners during dangerous dog destruction hearings.
The court ruled that seizure was lawful when an owner failed to secure their dangerous dog as required.
Frequently Asked Questions About § 822.044
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. A dog may be seized if the owner fails to follow the law, even if no new bite has occurred.
To determine whether the dog should be destroyed due to noncompliance and risk to the public.
The hearing must be held as soon as practicable, usually within days or weeks of the complaint.
Yes. You have the right to appeal under standard procedures for justice, county, or municipal court rulings.