| 1 | 1 | | 81R5228 SJM-D |
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| 2 | 2 | | By: Seliger S.B. No. 634 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the unlawful restraint of a dog. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 821.077(a), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) An owner may not leave a dog outside and unattended [by |
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| 12 | 12 | | use of a restraint that unreasonably limits the dog's movement]: |
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| 13 | 13 | | (1) in an enclosure of less than 150 square feet for |
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| 14 | 14 | | each dog over six months of age [between the hours of 10 p.m. and 6 |
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| 15 | 15 | | a.m.]; |
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| 16 | 16 | | (2) [within 500 feet of the premises of a school; or |
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| 17 | 17 | | [(3)] in the case of extreme weather conditions, |
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| 18 | 18 | | including conditions in which: |
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| 19 | 19 | | (A) the actual or effective outdoor temperature |
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| 20 | 20 | | is below 32 degrees Fahrenheit; |
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| 21 | 21 | | (B) a heat advisory has been issued by a local or |
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| 22 | 22 | | state authority or jurisdiction; or |
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| 23 | 23 | | (C) a hurricane, tropical storm, or tornado |
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| 24 | 24 | | warning has been issued for the jurisdiction by the National |
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| 25 | 25 | | Weather Service; or |
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| 26 | 26 | | (3) in a restraint. |
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| 27 | 27 | | SECTION 2. Section 821.078, Health and Safety Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply |
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| 30 | 30 | | to: |
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| 31 | 31 | | (1) [a dog restrained to a running line, pulley, or |
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| 32 | 32 | | trolley system and that is not restrained to the running line, |
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| 33 | 33 | | pulley, or trolley system by means of a pinch-type, prong-type, |
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| 34 | 34 | | choke-type, or improperly fitted collar; |
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| 35 | 35 | | [(2)] a dog restrained in compliance with the |
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| 36 | 36 | | requirements of a camping or recreational area as defined by a |
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| 37 | 37 | | federal, state, or local authority or jurisdiction; |
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| 38 | 38 | | [(3) a dog restrained for a reasonable period, not to |
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| 39 | 39 | | exceed three hours in a 24-hour period, and no longer than is |
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| 40 | 40 | | necessary for the owner to complete a temporary task that requires |
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| 41 | 41 | | the dog to be restrained;] |
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| 42 | 42 | | (2) [(4)] a dog restrained while the owner is engaged |
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| 43 | 43 | | in, or actively training for, an activity that is conducted |
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| 44 | 44 | | pursuant to a valid license issued by this state if the activity for |
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| 45 | 45 | | which the license is issued is associated with the use or presence |
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| 46 | 46 | | of a dog; |
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| 47 | 47 | | (3) [(5)] a dog restrained while the owner is engaged |
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| 48 | 48 | | in conduct directly related to the business of shepherding or |
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| 49 | 49 | | herding cattle or livestock; or |
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| 50 | 50 | | (4) [(6)] a dog restrained while the owner is engaged |
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| 51 | 51 | | in conduct directly related to the business of cultivating |
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| 52 | 52 | | agricultural products, if the restraint is reasonably necessary for |
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| 53 | 53 | | the safety of the dog. |
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| 54 | 54 | | SECTION 3. Section 821.081, Health and Safety Code, is |
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| 55 | 55 | | amended to read as follows: |
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| 56 | 56 | | Sec. 821.081. HAND-HELD LEASHES. This subchapter does not |
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| 57 | 57 | | prohibit a person from walking a dog with a hand-held leash if the |
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| 58 | 58 | | dog's owner or handler is physically present and in proximity to the |
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| 59 | 59 | | dog at all times so that the owner or handler may exercise immediate |
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| 60 | 60 | | physical control over the dog at any time. |
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| 61 | 61 | | SECTION 4. Sections 821.076(3) and 821.077(b), Health and |
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| 62 | 62 | | Safety Code, are repealed. |
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| 63 | 63 | | SECTION 5. The change in law made by this Act applies only |
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| 64 | 64 | | to an offense committed on or after the effective date of this Act. |
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| 65 | 65 | | An offense committed before the effective date of this Act is |
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| 66 | 66 | | covered by the law in effect at the time the offense was committed, |
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| 67 | 67 | | and the former law is continued in effect for that purpose. For |
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| 68 | 68 | | purposes of this section, an offense is committed before the |
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| 69 | 69 | | effective date of this Act if any element of the offense occurs |
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| 70 | 70 | | before that date. |
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| 71 | 71 | | SECTION 6. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2009. |
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