Texas Health & Safety Code § 822.042 – Owner Responsibilities for Dangerous Dogs
Table of Contents
Statutory Text:
(a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) register the dangerous dog with the animal control authority for the area in which the dog is kept;
(2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person; and
(4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.(b) If an owner of a registered dangerous dog moves the dog to a different address, the owner, not later than the 14th day after the date of the move, shall notify:
(1) the animal control authority in the area in which the dog was previously kept; and
(2) the animal control authority in the area in which the dog is being kept.(c) If an owner of a dangerous dog fails to comply with Subsection (a), the animal control authority may seize the dog and file a complaint in municipal or justice court for a hearing on whether the dog should be destroyed.
What Are the Legal Duties of Dangerous Dog Owners?
This section lays out strict obligations for any person whose dog is legally declared “dangerous.” These requirements apply whether the determination is made by an animal control authority or upheld by a court.
Failure to comply can result in the seizure and destruction of the dog.
Example Scenario
A dog escapes and bites a child unprovoked. Animal control determines it meets the definition of a dangerous dog under § 822.041. The owner receives notice. If the owner fails to register the dog or secure insurance by day 30, animal control may seize the dog under § 822.042(c) and petition the court for destruction.
When This Law Applies
The statute becomes enforceable 30 days after the owner learns that the dog has been officially declared dangerous. At that point, the owner must:
Register the dog
Restrain it properly
Secure a $100,000 liability policy
Follow local ordinances
Report address changes within 14 days
Related Statutes
§ 822.041 – Definitions
§ 822.043 – Registration and Control Requirements
§ 822.044 – Seizure and Disposition of Dangerous Dog
§ 822.045 – Defenses in Dangerous Dog Claims
Texas Penal Code § 42.092 – Cruelty to Nonlivestock Animals (if mishandled)
Texas Case Law Interpreting § 822.042
Court upheld seizure of a dangerous dog after owner failed to meet enclosure and insurance requirements.
Court ruled that notice from animal control triggered the 30-day compliance window.
Failure to notify authorities of a change in address violated Subsection (b).
Frequently Asked Questions About § 822.042
Houston Personal Injury Lawyer - Joel A. Gordon
You must meet all listed conditions within 30 days of learning your dog has been declared dangerous.
No. You may walk the dog on a leash, but it must be under your immediate control and restrained at all times.
You must notify both the old and new animal control authorities within 14 days.
Yes. Authorities may seize the dog and request a hearing for destruction if you fail to meet the legal requirements.