Tex. Health & Safety Code Section 822.046
Defense

(a)

It is a defense to prosecution under Section 822.044 (Attack by Dangerous Dog) or Section 822.045 (Violations) that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.

(b)

It is a defense to prosecution under Section 822.044 (Attack by Dangerous Dog) or Section 822.045 (Violations) that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.

(c)

It is a defense to prosecution under Section 822.044 (Attack by Dangerous Dog) or Section 822.045 (Violations) that the person is a dog trainer or an employee of a guard dog company under Chapter 1702 (Private Security), Occupations Code.
Added by Acts 1991, 72nd Leg., ch. 916, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.809, eff. Sept. 1, 2001.

Source: Section 822.046 — Defense, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­822.­htm#822.­046 (accessed Jun. 5, 2024).

822.001
Definitions 822.002
Seizure of a Dog Causing Death of or Serious Bodily Injury to a Person 822.003
Hearing 822.004
Destruction of Dog 822.005
Attack by Dog 822.006
Defenses 822.007
Local Regulation of Dogs 822.0011
Application to Certain Property 822.011
Definitions 822.012
Certain Dogs and Coyotes Prohibited from Running at Large 822.0012
Animal Control Authority in Certain Municipalities 822.013
Dogs or Coyotes that Attack Animals 822.021
Application to Counties that Adopt Subchapter 822.022
Petition for Election 822.023
Notice 822.024
Ballot Proposition 822.025
Election Result 822.026
Interval Between Elections 822.027
Registration Tags and Certificate 822.028
Registration Fee 822.029
Disposition of Fee 822.030
Registration Required 822.031
Unregistered Dogs Prohibited from Running at Large 822.035
Criminal Penalty 822.041
Definitions 822.042
Requirements for Owner of Dangerous Dog 822.043
Registration 822.044
Attack by Dangerous Dog 822.045
Violations 822.046
Defense 822.047
Local Regulation of Dangerous Dogs 822.101
Definitions 822.102
Applicability of Subchapter 822.103
Certificate of Registration 822.104
Certificate of Registration Application 822.105
Denial or Revocation of Certificate of Registration 822.106
Display of Certificate of Registration 822.107
Liability Insurance 822.108
Inspection 822.109
Relocation or Disposition of Animal 822.110
Attack by Animal 822.111
Powers and Duties of Executive Commissioner 822.112
Care, Treatment, and Transportation of Animal 822.113
Offense and Penalty 822.114
Civil Penalty 822.115
Injunction 822.116
Effect of Subchapter on Other Law 822.0411
Animal Control Authority in Certain Municipalities 822.0421
Determination that Dog Is Dangerous 822.0422
Reporting of Incident in Certain Counties and Municipalities 822.0423
Hearing 822.0424
Appeal
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Accessed:
Jun. 5, 2024

§ 822.046’s source at texas​.gov