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Texas Law Reference

Texas Health and Safety Code chapter 822: dangerous dogs and dog attacks

The official text of the Texas statutes that define a dangerous dog, set the owner's duties to register, restrain and insure it, make certain dog attacks a crime and set the court process, with the Harris County reporting rule and the City of Houston BARC process. Text last checked October 29, 2026.

8 min readPublished October 29, 2026Last updated October 29, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Health and Safety Code chapter 822 defines a "dangerous dog" as one that makes an unprovoked attack on a person causing bodily injury, or commits unprovoked acts that cause a person to reasonably believe it will attack, in a place other than an enclosure reasonably certain to keep it in (HSC §822.041(2)). Within 30 days of learning the dog is dangerous, the owner must register it, restrain it, carry at least $100,000 in liability insurance or financial responsibility, and follow local rules (§822.042). Certain attacks are crimes (§822.005). The chapter does not state when an owner must pay for a bite.

This entry provides general informational guidance and is not legal advice.

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Key facts (as of October 29, 2026)

  • Two ways to be "dangerous." An unprovoked attack causing bodily injury, or unprovoked acts causing a reasonable belief of an attack, outside a qualifying enclosure (§822.041(2)).
  • 30 days to comply. Register, restrain, insure for at least $100,000, and comply with local rules (§822.042(a)).
  • Felony for serious bodily injury or death. An attack offense under §822.005 is a third-degree felony, or second-degree if the attack causes death (§822.005(b)).
  • Harris County court reports. In a county with a population of more than 2,800,000, a person may report an incident to a municipal, justice or county court (§822.0422); Harris County's 2020 census population was 4,731,145 (U.S. Census Bureau).
  • No civil liability rule. The chapter's dog provisions do not say when an owner must pay damages for a bite.
  • Last amended in 2021. The history line for §822.042 lists Acts 2021, 87th Leg., ch. 899 (H.B. 3340) as its most recent amendment; §822.041 has not been amended since it was added in 1991.

What does chapter 822 say?

The official text of Tex. Health & Safety Code §822.041(2) and §822.042(a), as published by the Texas Legislature:

Sec. 822.041. DEFINITIONS. In this subchapter:

(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.

Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) register the dangerous dog with the animal control authority for the area in which the dog is kept; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and (4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.

Source: Tex. Health & Safety Code ch. 822, statutes.capitol.texas.gov. Text last checked October 29, 2026.

What does it mean in plain language?

  • Both parts require unprovoked conduct away from the enclosure. Each part of the definition requires unprovoked conduct in a place other than an enclosure in which the dog was being kept and that was reasonably certain to keep the dog from leaving on its own.
  • A bite is not required for part (B). Unprovoked acts that cause a person to reasonably believe the dog will attack and cause bodily injury can meet the definition.
  • When the 30 days start. Under §822.042(g), a person learns that the person owns a dangerous dog when the owner knows of an attack described in the definition, receives notice that a court has found the dog dangerous, or is informed by the animal control authority that the dog is dangerous (§822.042(g)).
  • A secure enclosure has a defined meaning. It is a fenced area or structure that is locked, capable of preventing the entry of the general public, including children, capable of preventing the dog's escape or release, clearly marked as containing a dangerous dog, and in conformance with the local animal control authority's enclosure requirements (§822.041(4)).
  • If the owner does not comply. The owner must deliver the dog to the animal control authority not later than the 30th day after learning it is dangerous; on application of any person, a court that finds noncompliance after a hearing orders the dog seized, and §822.042(e) and (e-1) set when it may be destroyed, with a 10-day stay for an appeal (§822.042(b)-(e-1)).
  • Local rules can add more. A county or municipality may place additional requirements or restrictions on dangerous dogs if they are not specific to one breed or several breeds and are more stringent than the subchapter (§822.047).

What about a dog that seriously injures someone?

  • "Serious bodily injury." For subchapter A, it "means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment" (§822.001(2)).
  • Seizure and hearing. On a sworn complaint that a dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person, and a showing of probable cause, a justice, county or municipal court orders the animal control authority to seize the dog (§822.002). The hearing must be held not later than the 10th day after the warrant is issued; the court orders the dog destroyed if it finds the dog caused a death, may order it destroyed for serious bodily injury, and may not in the situations §822.003(f) lists, such as a trespasser at least eight years old inside the dog's enclosure (§822.003).
  • The offenses. Under §822.005(a), an owner commits an offense if, with criminal negligence, the owner fails to secure the dog and the dog makes an unprovoked attack at a location other than the owner's real property or motor vehicle or boat that causes serious bodily injury or death, or if the owner knows the dog is dangerous and it makes an unprovoked attack outside a secure enclosure that causes serious bodily injury or death (§822.005). For the first of those offenses, §822.005(a)(1) uses the Penal Code §1.07 meaning of serious bodily injury; the second uses the §822.001 meaning quoted above. An owner of a dangerous dog also commits a Class C misdemeanor if the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury (§822.044).
  • Civil claims are separate. These sections do not state when an owner must pay damages to a person who was bitten. The Texas dog bite law guide explains the rules from Texas court decisions.

What applies in Houston and Harris County?

  • Court reports in Harris County. Section 822.0422 applies "to a county with a population of more than 2,800,000", to a county that elects it and to a municipality that adopts it by ordinance. A person may report an incident described in the dangerous-dog definition to a municipal court, a justice court, or a county court; the owner must deliver the dog to the animal control authority not later than the fifth day after receiving notice that the report has been filed, and the court decides after notice and a hearing whether the dog is dangerous (§822.0422). In Texas codes, "population" means "the population shown by the most recent federal decennial census" (Gov't Code §311.005(3)), which applies to the Health and Safety Code (HSC §1.002); Harris County's 2020 census population was 4,731,145 (U.S. Census Bureau).
  • The animal control authority's determination. If a person reports an incident, the animal control authority may investigate and, after receiving the sworn statements of any witnesses, notify the owner in writing that the dog is dangerous; the owner may appeal not later than the 15th day after being notified (§822.0421).
  • The City of Houston's BARC process. BARC says Chapter 6 of the City of Houston Code of Ordinances addresses the process, which begins with a complaint to BARC "in the form of a sworn statement" that a dog living within the city limits is dangerous. If BARC believes the dog caused serious bodily injury, "a hearing will be scheduled in Municipal Court"; if the dog is found dangerous without serious injury, the owner is ordered to surrender the dog until the requirements are met and has 30 calendar days to comply with Chapter 6, Article VI, Section 154. If the dog is not found dangerous, BARC says the complainant may file a report with a local Justice of the Peace court (BARC, Declaring a Dog as Dangerous).
  • Reporting a bite. A person who knows of an animal bite to an individual that the person could reasonably foresee as capable of transmitting rabies must report it to the local rabies control authority (HSC §826.041). BARC says, "To report an animal bite of any kind, please call 311" (BARC, Report an Animal Bite). The Houston dog bite guide lists what BARC asks for.

When was this checked, and can it change?

The text above was last checked on October 29, 2026, against the official text published by the Texas Legislature, and the BARC pages and census figure were read the same day. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

What is a dangerous dog under Texas law?
Under Tex. Health & Safety Code §822.041(2), a dangerous dog is a dog that 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 that commits unprovoked acts in such a place that cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
What must the owner of a dangerous dog do in Texas?
Under §822.042(a), not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall register the dog with the animal control authority, restrain it at all times on a leash in the immediate control of a person or in a secure enclosure, obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack causing bodily injury to a person, and comply with any applicable municipal or county regulation.
Is a dog attack a crime in Texas?
It can be. Under §822.005, an owner commits an offense if, with criminal negligence, the owner fails to secure the dog and the dog makes an unprovoked attack away from the owner's real property, motor vehicle or boat that causes serious bodily injury or death, or if the owner knows the dog is a dangerous dog and it makes an unprovoked attack outside a secure enclosure that causes serious bodily injury or death. The offense is a third-degree felony, or a second-degree felony if the attack causes death. §822.044 separately makes an unprovoked attack by a dangerous dog outside its enclosure that causes bodily injury a Class C misdemeanor for the owner.
Does chapter 822 say when a dog owner must pay for a bite?
No. The dog provisions of chapter 822 set definitions, owner duties, offenses and a court process. They do not state when an owner must pay damages to a person who was bitten. Those rules come from Texas court decisions.
How is a dog declared dangerous in Harris County?
Under §822.0421, the animal control authority may investigate a reported incident and, after receiving the sworn statements of any witnesses, notify the owner in writing that the dog is dangerous. §822.0422 also lets a person report an incident to a municipal court, a justice court, or a county court in a county with a population of more than 2,800,000. Harris County's 2020 census population was 4,731,145. In the City of Houston, BARC says the process starts with a sworn statement to BARC.
Does a dog bite have to be reported in Texas?
Under Health and Safety Code §826.041(a), a person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies shall report it to the local rabies control authority. The City of Houston's BARC asks people to call 311 to report an animal bite of any kind.
Does this entry say whether a particular dog is dangerous or who is responsible for a bite?
No. InjuryClaimGuide is a legal advertising service. It does not apply the law to anyone's situation or evaluate any claim. An attorney can advise you about your specific situation.

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