Dog causing death or serious bodily injury to a person.

Houston Code of Ordinances § 6-153

in effect

Sec. 6-153. - Dog causing death or serious bodily injury to a person. (a) The provisions of this section for the seizure of a dog and subsequent hearing shall comply with Subchapter A, Chapter 822 of the Texas Health and Safety Code. (b) Any person may make a sworn complaint to a municipal court that a dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. (c) Upon receipt of the complaint in subsection (b) of this Code and a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint, a municipal court shall order BARC animal enforcement to seize the dog and shall issue a warrant authorizing the seizure. (d) BARC animal enforcement shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (e) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing must be held not later than the 10 th day after the date on which the warrant is issued. The court shall give written notice of the time and place of the hearing to: (1) The owner of the dog or the person from whom the dog was seized; and (2) The person who made the complaint. (f) Any interested party, including the city attorney, is entitled to present evidence at the hearing. (g) The court shall order the dog to be humanely destroyed if the court finds that the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The court shall also order that the owner or registrant pay all fees incurred for the impoundment of the dog. (h) If the court does not find that the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person, the court shall waive any impoundment fees incurred and shall order the dog released to: (1) Its owner; (2) The person from whom the dog was seized; or (3) Any other person authorized to take possession of the dog. (i) The court may not order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person and: (1) The dog was being used for the protection of a person or person's property and the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and: a. The enclosure was constructed in such a manner and of such materials as to be reasonably certain to prevent the dog from leaving the enclosure on its own and notice of the presence of a dog was posted upon the enclosure; and b. The injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (2) The dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (3) The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (4) The dog was defending a person from assault or a person's property from damage or theft by the injured person; or (5) The injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was constructed in such a manner and of such materials as to be reasonably certain to keep a person younger than eight years of age from entering. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH6ANFO_ARTVIDAAGPUNUDO_S6-153DOCADESEBOINPEFetched: 10/26/2026