§ 92.004.Effect on Other Law
Title 4. Liability in Tort · Chapter 92. Limitation of Liability for Person Assisting Certain Animals · Last amended 2011 · Last verified August 29, 2026
Full Text of § 92.004
Plain-English Summary
Two saving provisions closing the chapter.
Subsection (a): the chapter does not limit the application of or supersede Section 822.013, Health and Safety Code, or Section 801.358, Occupations Code.
The first concerns a dog or coyote attacking livestock or fowl, and the second concerns a veterinarian's duty regarding an animal in their care. Both address relationships this chapter would otherwise cut across.
Subsection (b) is the important one: the chapter does not create any civil liability or waive any defense, immunity, or jurisdictional bar available under state law.
Three things are preserved, and the third is jurisdictional. A claimant cannot use this chapter to reach a governmental animal control agency that would otherwise be immune from suit — and immunity from suit under the Tort Claims Act is jurisdictional rather than a defence.
Since a municipal or county animal control office is a governmental unit, that clause is doing real work. This chapter protects the agency further without opening it to claims the Tort Claims Act bars.
The no-liability clause matches the food donor and recreational use chapters, which say the same thing. A chapter that limits exposure should not be readable as creating any.
Frequently Asked Questions
Does this chapter create any liability?
No. It does not create any civil liability or waive any defence, immunity, or jurisdictional bar available under state law.
Can I use it to sue a governmental animal control agency?
No. The chapter waives no jurisdictional bar, and immunity from suit under the Tort Claims Act is jurisdictional.
What statutes are preserved?
Section 822.013 of the Health and Safety Code and Section 801.358 of the Occupations Code.
Amendment History
- Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.