Austin does not have breed-specific legislation and is legally prevented from enacting one by Texas Health & Safety Code §822.047. The city instead uses a dangerous-dog designation process under §822.0421 applied based on behavior, not breed.
Texas Health & Safety Code §822.047 preempts Texas municipalities from enacting breed-specific dog bans — Austin cannot prohibit pit bulls, Rottweilers, or any breed. Instead, Austin uses a case-by-case behavioral framework: a dog may be declared Dangerous under §822.0421 after a sworn complaint, Animal Services investigation, and administrative hearing. A Dangerous designation requires the owner to register annually ($50), maintain $100,000 liability insurance, keep the dog in a secure enclosure with visible signage, muzzle when off-property, and microchip the dog. Failure to comply is a Class C misdemeanor, and a second attack can trigger Class B/A charges and euthanasia. Austin Animal Center operates the largest no-kill municipal shelter in the US; most surrendered pit-type dogs (common in Texas) are adopted successfully. Landlord and HOA breed restrictions are permitted by Texas law (TPC §202 does not preempt breed covenants), so many apartments and PUDs still ban pit-type breeds even though the city cannot. Service and emotional support animals are protected by FHA and ADA regardless of breed.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Austin code enforcement directly for current fines, enforcement procedures, and hearing options.
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