Texas Health & Safety Code § 822.041 – Definitions in Dangerous Dog Cases
Table of Contents
Statutory Text:
(1) “Animal control authority” means a municipal or county animal control office with authority over the area in which the dog is kept or, if the municipality or county does not have an animal control office, the county sheriff.
(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.
What Does § 822.041 Do?
This section provides the legal definitions used in all other dangerous dog laws in Texas. Without this section, terms like “dangerous dog,” “attack,” and “secure enclosure” would be vague and subject to interpretation.
It establishes when a dog is legally considered dangerous and what kind of behavior or attack is relevant.
Example Scenario
A dog escapes a front yard and lunges at a pedestrian on the sidewalk. The pedestrian is not bitten but is terrified and jumps into the street, twisting an ankle. The dog has committed an unprovoked act that may lead to it being classified as a “dangerous dog” under § 822.041(2)(B).
When This Law Applies
This section is used in:
Determining whether a dog meets the definition of “dangerous” after a bite or threatening act
Establishing legal grounds for registration, seizure, or euthanasia of a dog
Enforcing civil or criminal penalties against the dog’s owner
Interpreting owner obligations under §§ 822.042–822.045
Related Statutes
§ 822.042 – Requirements for Owners of Dangerous Dogs
§ 822.043 – Registration and Control Requirements
§ 822.044 – Seizure and Disposition of Dangerous Dog
§ 822.045 – Defenses in Dangerous Dog Claims
Texas Penal Code § 22.01 – Assault (applicable in dog bite-related injuries)
Texas Case Law Interpreting § 822.041
Held that a dog can be declared dangerous based on threatening behavior, even without physical contact.
Reinforced that a secure enclosure must meet all criteria in the statute, not just a basic fence.
Clarified that bodily injury under the dangerous dog statute does not require severe physical damage.
Frequently Asked Questions About § 822.041
Houston Personal Injury Lawyer - Joel A. Gordon
A dog that causes unprovoked bodily injury or makes someone reasonably fear an attack outside of a secure enclosure.
A fully enclosed and locked structure that prevents escape and protects the public. It must be marked and follow local regulations.
No. Threatening or lunging behavior may qualify if it causes a person to reasonably fear bodily injury.
The local animal control authority makes the initial determination, which can be contested in municipal court.