The law governing “dangerous dogs” is not as well-defined as it should be, with jurisdiction often split between municipal and county courts. Procedures may vary widely from one municipality or county to another, including between a municipality and the county in which it is located. In an attempt to be brief, if a dog bites or otherwise attacks someone, the local animal control authority may take possession of the dog, and a judge must make a determination as to whether the dog meets certain criteria to be declared “dangerous” (a statutorily-defined term.) The law mandates various requirements on the owner of a “dangerous” dog, including maintaining extra insurance and keeping the dog in an approved enclosure. If the court finds that the dog caused the death of, or serious bodily injury to, a person, it can order the dog destroyed.

Chapter 822 of the Texas Health and Safety Code, which covers regulation of non-livestock domestic animals (e.g. dogs, cats, etc.) does not provide specifics about appealing a municipal or county court’s determination that a dog is “dangerous”

In Romano v. Texas, a woman fostering a dog for a rescue group was bitten (the court says “attacked,” but I’m assuming one or more bites were involved) by the dog, an a Montgomery County justice of the peace ruled that the dog caused “serious bodily injury” and was to be destroyed pursuant to § 822.003(e) of the Health and Safety Code. The rescue group appealed to the county court, which dismissed the appeal for lack of jurisdiction, albeit without any findings of fact or conclusions of law. The group then appealed that dismissal to the 9th District Court of Appeals. Continue reading →