81R5228 SJM-D
By: Seliger S.B. No. 634
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful restraint of a dog.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 821.077(a), Health and Safety Code, is
amended to read as follows:
(a) An owner may not leave a dog outside and unattended [by
use of a restraint that unreasonably limits the dog's movement]:
(1) in an enclosure of less than 150 square feet for
each dog over six months of age [between the hours of 10 p.m. and 6
a.m.];
(2) [within 500 feet of the premises of a school; or
[(3)] in the case of extreme weather conditions,
including conditions in which:
(A) the actual or effective outdoor temperature
is below 32 degrees Fahrenheit;
(B) a heat advisory has been issued by a local or
state authority or jurisdiction; or
(C) a hurricane, tropical storm, or tornado
warning has been issued for the jurisdiction by the National
Weather Service; or
(3) in a restraint.
SECTION 2. Section 821.078, Health and Safety Code, is
amended to read as follows:
Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply
to:
(1) [a dog restrained to a running line, pulley, or
trolley system and that is not restrained to the running line,
pulley, or trolley system by means of a pinch-type, prong-type,
choke-type, or improperly fitted collar;
[(2)] a dog restrained in compliance with the
requirements of a camping or recreational area as defined by a
federal, state, or local authority or jurisdiction;
[(3) a dog restrained for a reasonable period, not to
exceed three hours in a 24-hour period, and no longer than is
necessary for the owner to complete a temporary task that requires
the dog to be restrained;]
(2) [(4)] a dog restrained while the owner is engaged
in, or actively training for, an activity that is conducted
pursuant to a valid license issued by this state if the activity for
which the license is issued is associated with the use or presence
of a dog;
(3) [(5)] a dog restrained while the owner is engaged
in conduct directly related to the business of shepherding or
herding cattle or livestock; or
(4) [(6)] a dog restrained while the owner is engaged
in conduct directly related to the business of cultivating
agricultural products, if the restraint is reasonably necessary for
the safety of the dog.
SECTION 3. Section 821.081, Health and Safety Code, is
amended to read as follows:
Sec. 821.081. HAND-HELD LEASHES. This subchapter does not
prohibit a person from walking a dog with a hand-held leash if the
dog's owner or handler is physically present and in proximity to the
dog at all times so that the owner or handler may exercise immediate
physical control over the dog at any time.
SECTION 4. Sections 821.076(3) and 821.077(b), Health and
Safety Code, are repealed.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.