Dangerous Dog Definitions:
Texas Health & Safety Code Section 822.041.
Definitions "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.
In order to open a Dangerous Dog case a sworn statement is required from the person making the complaint. The statement must contain a description of the event(s) that caused the complainant to believe the dog in question to be dangerous as defined in the Texas Health and Safety Code Chapter 822. The affidavit must be notarized, as it will be used as evidence.
Requirements for dangerous dog; violation:
1.) Every dog that has been deemed to be a dangerous dog shall be confined in an enclosed structure of not less than six (6’) feet in height. Such structure, if made of wire, shall be no less than nine (9) gauge. The enclosure shall be secured at all times by a locking device capable of preventing the animal from escaping the enclosure without control of the owner or his designee. The locking device shall also be sufficient to prevent unauthorized persons from opening the enclosure on their own and require a key or combination or breach.
2.) Not later than the 30th calendar day after the date a person learns that the person is the owner of a dangerous dog, the owner shall:
i. Register the dangerous dog in accordance with § 822.042 of the Texas Health & Safety Code.
ii. Sterilize the dog, if not already sterilized;
iii. Failure to register or secure a dangerous dog as required herein will subject the owner of the animal to criminal penalties prescribed Texas Health & Safety Code § 826.045;
iv. Have a microchip implanted in the dog that is registered to the dog’s owner; and
v. Provide the Montgomery County Animal Control Department with an original copy of a Dangerous Dog Insurance Verification Affidavit.
3.) Failure to register or secure a dangerous dog as required herein will subject the owner of the animal to criminal penalties prescribed by Texas Health & Safety Code § 822.035 and § 826.045.