Elimination of a wild animal or domestic animal that is attacking or has attackedINFO

[#1gunner]

Someone a month ago broght up this topic and it was stated that you could be charged with a crime. I have located what I think to be a statue that says otherwise and wanted to share.



Citation: TX HEALTH & S § 822.013

Citation: V. T. C. A., Health & Safety Code § 822.013

Last Checked by Web Center Staff: 01/2012

Summary: This Texas statute provides that a dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by any person witnessing the attack or the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

 

[#1gunner]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Statute in Full:
(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. 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.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.
CREDIT(S)
Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Health & Safety Code § 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.

 

[ChunkyMonkey]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Well, I sure as heck wouldn't let a dog continue to chomp on my arm, lol

 

[grasshopperglock]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

What if it's a guild dog. In walmart. And it bites you?

The owner is a blind mental patient. Late on his taxes.

 

[ROGER4314]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

I ride bicycles a lot and many dogs like to trot along beside me until I get to their property line. One dog, however, charged me and bit me on the right leg. My shoe was filling with blood so I went up to the house and the owner told me to buzz off as the dog was not his dog. He didn't even offer me a bandaid! What a jerk! They have 5-6 dogs, none have rabies tags and they all run loose.

Four days later, the dog jumped me again so I called the Sheriff. This time, he didn't actually bite me.

The Sheriff Deputies went to the house and told him that if you feed the dog and he/she hangs around your house, it is YOUR dog and YOU are responsible for anything that it does. They returned later and told me to start carrying an ASP baton, so I equipped all of my bikes with 26" ass whuppers.

I have a CHL but really didn't want to kill some kid's dog. Are you saying that I SHOULD/COULD shoot the dog especially after he actually bit me? After you shoot the dog, do you call the law and report it? Do you just leave? What is the procedure to follow?

Thanks!

Flash

 

[deemus]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

What if it's a guild dog. In walmart. And it bites you?

The owner is a blind mental patient. Late on his taxes.

Well. I've never seen a "guild dog" but I suppose if Walmart lets them in, you better leave it alone.

 

[alexrex20]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Well it depends which guild they belong to.

 

[alexrex20]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

I have a CHL but really didn't want to kill some kid's dog. Are you saying that I SHOULD/COULD shoot the dog especially after he actually bit me? After you shoot the dog, do you call the law and report it? Do you just leave? What is the procedure to follow?

If the dog is latched onto your leg, you have every right to defend yourself up to and including killing the dog with your firearm.

You do not have to stick around and wait for the cops after a justified discharge of your firearm.

 

[RetArmySgt]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Well, I sure as heck wouldn't let a dog continue to chomp on my arm, lol

Are you livestock, chunky? that statue doesnt say anything about humans lol.

 

[TXDARKHORSE361]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Well it depends which guild they belong to.

 

[matefrio]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

And if this happens in front of you?

 

[jamesmrj]

Well it depends which guild they belong to.

What about the lollipop guild?

 

[grasshopperglock]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Hillary doesn't give a damn if it bites you.

 

[grasshopperglock]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

What cal would you need for this? 500S&W?

 

[Shooter McGavin]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Long story short, I have/had constant issues with my neighbor's dogs including them attacking one of my animals on my property. I was told by the county Sheriff(I live out in the country), that I could shoot them legally if, and this is only on my property - a) it is in the process of attacking a person or animal. b) If the dog was acting aggresive and I felt an attack was imminet. However she did say I could still be charged in civil court by the dog's owner if they chose to pursue the matter. She said the best route was to call animal control (LOL) but out here the AC guy only works 8-5, Mon.-Fri. and covers the entire county by himself, so good luck with that one. So now I just pop a cap off into the dirt when I catch 'em around my house to scare 'em off. I have a few animals and I can't justify killing one just because it's shitting in my yard, but If I catch their dog's trying to attack again I will. I've had more than one conversation with my neighbors about being responsible animal owner's plus them footing a vet bill. Yet there dog's are running loose as I type!

 

[#1gunner]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

OMG That one pic of the dogs porn watching made me about have a watery substance come down my eyeBALLS

 

[Younggun]

If the dog is latched onto your leg, you have every right to defend yourself up to and including killing the dog with your firearm.

You do not have to stick around and wait for the cops after a justified discharge of your firearm.

Not sure leaving the seen would be such a great idea unless your still in danger. Someone will probably call in about the shot being fired and it would be best of they heard your story first instead of after the dogs owner reported You as a lunatic with a gun who just shot his dog.

It may cause more tension when they knock on your door.


Sent from my iPhone using Tapatalk

 

[#1gunner]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

Cant see a judge saying, well your here, kinda bit to hell but you still need to take care of their dog. It needs a burial and thats 600.00 bucks. It states in this statute that you are not held liable for any cost.

ALso, A Sherrif told me 6 months ago my neighbor could say he is going to kill me and ITS LEGAL as long as he didnt have a weapon in his hand showing force or a act of force. TxInvestgator has told us that that sherriff was wrong on many levels.

I sat back and thought, would that sherriff that told me that have been in court with me if something happened. N0 was my answer. Guess unfortunatly sometimes they tell us info that is untrue and we reap the consequences of us trusting their word.

 

[TXDARKHORSE361]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

OMG That one pic of the dogs porn watching made me about have a watery substance come down my eyeBALLS

You sir are welcome

 

[#1gunner]

Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

I cant look again.. I just cant. that one in the corner that you can almost touch through the screen..LOL