Texas 2015 - 84th Regular

Texas House Bill HB2562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~84R28927~~ KKR-D
	1	+	84R26175 KKR-F
2	2		By: Sheets, Laubenberg, Farrar, Crownover, H.B. No. 2562
3	3		Thompson of Harris, et al.
4	4		Substitute the following for H.B. No. 2562:
5	5		By: Crownover C.S.H.B. No. 2562
6	6
7	7
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10		-	relating to the care and unlawful restraint of a dog.
	10	+	relating to the care and unlawful restraint of a dog; creating a
	11	+	criminal offense.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. The heading to Subchapter D, Chapter 821, Health
13	14		and Safety Code, is amended to read as follows:
14	15		SUBCHAPTER D. DOG LEFT OUTSIDE AND UNATTENDED; UNLAWFUL RESTRAINT
15	16		[OF DOG]
16	17		SECTION 2. Section 821.076, Health and Safety Code, is
17	18		amended by adding Subdivision (1-a) and amending Subdivision (3) to
18	19		read as follows:
19	20		(1-a) "Harness" means any harness constructed of
20	21		nylon, leather, or similar material, specifically designed to be
21	22		used for a dog.
22	23		(3) "Properly fitted" means, with respect to a collar
23	24		or harness used for a dog, a collar or harness that:
24	25		(A) is the appropriate size for the dog;
25	26		(B) does not choke the dog or impede the dog's
26	27		normal breathing or swallowing; and
27	28		(C) is attached to the dog in a manner that does
28	29		not cause injury to the dog [measures the circumference of a dog's
29	30		neck plus at least one inch].
30	31		SECTION 3. Section 821.077, Health and Safety Code, is
31	32		amended to read as follows:
32	33		Sec. 821.077. CARE OF DOG LEFT OUTSIDE AND UNATTENDED;
33	34		UNLAWFUL RESTRAINT [OF DOG]. (a) In this section, "adequate
34	35		shelter" means a clean, weatherproof structure that:
35	36		(1) allows the dog to remain dry in inclement weather
36	37		and preserve its body heat in subfreezing weather; and
37	38		(2) is large enough to allow the dog to stand erect,
38	39		sit, turn around, and lie down in a normal manner.
39	40		(b) An owner may not leave a dog outside and unattended
40	41		unless the owner provides the dog continuous access to:
41	42		(1) adequate shelter;
42	43		(2) shade from direct sunlight; and
43	44		(3) potable water [by use of a restraint that
44	45		unreasonably limits the dog's movement:
45	46		[(1) between the hours of 10 p.m. and 6 a.m.;
46	47		[(2) within 500 feet of the premises of a school; or
47	48		[(3) in the case of extreme weather conditions,
48	49		including conditions in which:
49	50		[(A) the actual or effective outdoor temperature
50	51		is below 32 degrees Fahrenheit;
51	52		[(B) a heat advisory has been issued by a local or
52	53		state authority or jurisdiction; or
53	54		[(C) a hurricane, tropical storm, or tornado
54	55		warning has been issued for the jurisdiction by the National
55	56		Weather Service].
56	57		(c) An owner may not restrain a dog outside and unattended
57	58		by use of a restraint that [(b) In this section, a restraint
58	59		unreasonably limits a dog's movement if the restraint]:
59	60		(1) is not attached to a properly fitted [uses a]
60	61		collar or harness [that is pinch-type, prong-type, or choke-type or
61	62		that is not properly fitted to the dog];
62	63		(2) is a length shorter than the greater of:
63	64		(A) five times the length of the dog, as measured
64	65		from the tip of the dog's nose to the base of the dog's tail; or
65	66		(B) 10 feet;
66	67		(3) has weights attached or contains metal chain links
67	68		in a width that exceeds one-quarter of an inch [is in an unsafe
68	69		condition]; or
69	70		(4) may cause the dog to become tangled in the
70	71		restraint [causes injury to the dog].
71	72		SECTION 4. Section 821.078, Health and Safety Code, is
72	73		amended to read as follows:
73	74		Sec. 821.078. EXCEPTIONS. (a) Section 821.077 does not
74	75		apply to:
75	76		(1) [a dog restrained to a running line, pulley, or
76	77		trolley system and that is not restrained to the running line,
77	78		pulley, or trolley system by means of a pinch-type, prong-type,
78	79		choke-type, or improperly fitted collar;
79	80		[(2)] a dog restrained in a public camping or
80	81		recreational area in compliance with the requirements of the public
81	82		[a] camping or recreational area as defined by a federal, state, or
82	83		local authority or jurisdiction;
83	84		(2) [(3) a dog restrained for a reasonable period,
84	85		not to exceed three hours in a 24-hour period, and no longer than is
85	86		necessary for the owner to complete a temporary task that requires
86	87		the dog to be restrained;
87	88		[(4)] a dog restrained while the owner and dog are [is]
88	89		engaged in, or actively training for, an activity that is conducted
89	90		pursuant to a valid license issued by this state if the activity for
90	91		which the license is issued is associated with the use or presence
91	92		of a dog;
92	93		(3) [(5)] a dog restrained while the owner and dog are
93	94		[is] engaged in conduct directly related to the business of
94	95		shepherding or herding cattle or livestock; or
95	96		(4) [(6)] a dog restrained while the owner and dog are
96	97		[is] engaged in conduct directly related to the business of
97	98		cultivating agricultural products, if the restraint is reasonably
98	99		necessary for the safety of the dog.
99	100		(b) Section 821.077(c)(2) does not apply to a restraint that
100	101		is attached to a trolley system and allows a dog to move along a
101	102		running line for a distance that exceeds the limitations specified
102	103		under that section.
103	104		SECTION 5. The heading to Section 821.079, Health and
104	105		Safety Code, is amended to read as follows:
105	106		Sec. 821.079. CRIMINAL PENALTY.
106	107		SECTION 6. Sections 821.079(a), (c), and (f), Health and
107	108		Safety Code, are amended to read as follows:
108	109		(a) A person commits an offense if the person [knowingly]
109	110		violates this subchapter. Each dog with respect to which there is a
110	111		violation and each day that a violation continues is a separate
111	112		offense.
112	113		(c) Except as provided by Subsection (d), an [A person
113	114		commits an offense if the person is provided a statement described
114	115		by Subsection (b) and fails to comply with this subchapter within 24
115	116		hours of the time the owner is provided the statement. An] offense
116	117		under this subchapter [subsection] is a Class C misdemeanor.
117	118		(f) If conduct constituting an offense under this
118	119		subchapter [section] also constitutes an offense under any other
119	120		law, the actor may be prosecuted under this section, the other law,
120	121		or both.
121	122		SECTION 7. Section 821.080, Health and Safety Code, is
122	123		amended to read as follows:
123	124		Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any
124	125		other law, the clerk of a court that collects a penalty under this
125	126		subchapter shall remit the penalty collected for deposit in the
126	127		general fund of the municipality or county served by the court.
127	128		SECTION 8. Subchapter D, Chapter 821, Health and Safety
128	129		Code, is amended by adding Section 821.082 to read as follows:
129	130		Sec. 821.082. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
130	131		subchapter does not affect the applicability of any other law,
131	132		rule, order, ordinance, or other legal requirement of this state or
132	133		a political subdivision of this state.
133	134		(b) This subchapter does not prevent a municipality or
134	135		county from prohibiting or further regulating by ordinance or order
135	136		the ownership, possession, restraint, confinement, or care of a
136	137		dog.
137	138		SECTION 9. Sections 821.079(b) and (e), Health and Safety
138	139		Code, are repealed.
139	140		SECTION 10. The change in law made by this Act applies only
140	141		to an offense committed on or after the effective date of this Act.
141	142		An offense committed before the effective date of this Act is
142	143		governed by the law as it existed on the date the offense was
143	144		committed, and the former law is continued in effect for that
144	145		purpose. For purposes of this section, an offense was committed
145	146		before the effective date of this Act if any element of the offense
146	147		occurred before that date.
147	148		SECTION 11. This Act takes effect September 1, 2015.