Texas 2017 - 85th Regular

Texas House Bill HB1961 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5485 AJZ-D
2	2	By: Miller H.B. No. 1961
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the care and unlawful restraint of a dog.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter D, Chapter 821, Health
10	10	and Safety Code, is amended to read as follows:
11	11	SUBCHAPTER D. DOG LEFT OUTSIDE AND UNATTENDED; UNLAWFUL RESTRAINT
12	12	[OF DOG]
13	13	SECTION 2. Section 821.076, Health and Safety Code, is
14	14	amended by adding Subdivision (1-a) and amending Subdivision (3) to
15	15	read as follows:
16	16	(1-a) "Harness" means any harness constructed of
17	17	nylon, leather, or similar material, specifically designed to be
18	18	used for a dog.
19	19	(3) "Properly fitted" means, with respect to a collar
20	20	or harness used for a dog, a collar or harness that:
21	21	(A) is the appropriate size for the dog;
22	22	(B) does not choke the dog or impede the dog's
23	23	normal breathing or swallowing; and
24	24	(C) is attached to the dog in a manner that does
25	25	not cause injury to the dog [measures the circumference of a dog's
26	26	neck plus at least one inch].
27	27	SECTION 3. Section 821.077, Health and Safety Code, is
28	28	amended to read as follows:
29	29	Sec. 821.077. CARE OF DOG LEFT OUTSIDE AND UNATTENDED;
30	30	UNLAWFUL RESTRAINT [OF DOG]. (a) In this section, "adequate
31	31	shelter" means a clean, weatherproof structure that:
32	32	(1) allows the dog to remain dry in inclement weather
33	33	and preserve its body heat in subfreezing weather; and
34	34	(2) is large enough to allow the dog to stand erect,
35	35	sit, turn around, and lie down in a normal manner.
36	36	(b) An owner may not leave a dog outside and unattended
37	37	unless the owner provides the dog continuous access to:
38	38	(1) adequate shelter;
39	39	(2) shade from direct sunlight; and
40	40	(3) potable water [by use of a restraint that
41	41	unreasonably limits the dog's movement:
42	42	[(1) between the hours of 10 p.m. and 6 a.m.;
43	43	[(2) within 500 feet of the premises of a school; or
44	44	[(3) in the case of extreme weather conditions,
45	45	including conditions in which:
46	46	[(A) the actual or effective outdoor temperature
47	47	is below 32 degrees Fahrenheit;
48	48	[(B) a heat advisory has been issued by a local or
49	49	state authority or jurisdiction; or
50	50	[(C) a hurricane, tropical storm, or tornado
51	51	warning has been issued for the jurisdiction by the National
52	52	Weather Service].
53	53	(c) An owner may not restrain a dog outside and unattended
54	54	by use of a restraint that [(b) In this section, a restraint
55	55	unreasonably limits a dog's movement if the restraint]:
56	56	(1) is not attached to a properly fitted [uses a]
57	57	collar or harness [that is pinch-type, prong-type, or choke-type or
58	58	that is not properly fitted to the dog];
59	59	(2) is a length shorter than the greater of:
60	60	(A) five times the length of the dog, as measured
61	61	from the tip of the dog's nose to the base of the dog's tail; or
62	62	(B) 10 feet;
63	63	(3) has weights attached or contains metal chain links
64	64	in a width that exceeds one-quarter of an inch [is in an unsafe
65	65	condition]; or
66	66	(4) may cause the dog to become tangled in the
67	67	restraint [causes injury to the dog].
68	68	SECTION 4. Section 821.078, Health and Safety Code, is
69	69	amended to read as follows:
70	70	Sec. 821.078. EXCEPTIONS. (a) Section 821.077 does not
71	71	apply to:
72	72	(1) [a dog restrained to a running line, pulley, or
73	73	trolley system and that is not restrained to the running line,
74	74	pulley, or trolley system by means of a pinch-type, prong-type,
75	75	choke-type, or improperly fitted collar;
76	76	[(2)] a dog restrained in a public camping or
77	77	recreational area in compliance with the requirements of the public
78	78	[a] camping or recreational area as defined by a federal, state, or
79	79	local authority or jurisdiction;
80	80	(2) [(3) a dog restrained for a reasonable period,
81	81	not to exceed three hours in a 24-hour period, and no longer than is
82	82	necessary for the owner to complete a temporary task that requires
83	83	the dog to be restrained;
84	84	[(4)] a dog restrained while the owner and dog are [is]
85	85	engaged in, or actively training for, an activity that is conducted
86	86	pursuant to a valid license issued by this state if the activity for
87	87	which the license is issued is associated with the use or presence
88	88	of a dog;
89	89	(3) [(5)] a dog restrained while the owner and dog are
90	90	[is] engaged in conduct directly related to the business of
91	91	shepherding or herding cattle or livestock; or
92	92	(4) [(6)] a dog restrained while the owner and dog are
93	93	[is] engaged in conduct directly related to the business of
94	94	cultivating agricultural products, if the restraint is reasonably
95	95	necessary for the safety of the dog.
96	96	(b) Section 821.077(c)(2) does not apply to a restraint that
97	97	is attached to a trolley system and allows a dog to move along a
98	98	running line for a distance that exceeds the limitations specified
99	99	under that section.
100	100	SECTION 5. The heading to Section 821.079, Health and
101	101	Safety Code, is amended to read as follows:
102	102	Sec. 821.079. CRIMINAL PENALTY.
103	103	SECTION 6. Sections 821.079(a), (c), and (f), Health and
104	104	Safety Code, are amended to read as follows:
105	105	(a) A person commits an offense if the person [knowingly]
106	106	violates this subchapter. Each dog with respect to which there is a
107	107	violation and each day that a violation continues is a separate
108	108	offense.
109	109	(c) Except as provided by Subsection (d), an [A person
110	110	commits an offense if the person is provided a statement described
111	111	by Subsection (b) and fails to comply with this subchapter within 24
112	112	hours of the time the owner is provided the statement. An] offense
113	113	under this subchapter [subsection] is a Class C misdemeanor.
114	114	(f) If conduct constituting an offense under this
115	115	subchapter [section] also constitutes an offense under any other
116	116	law, the actor may be prosecuted under this section, the other law,
117	117	or both.
118	118	SECTION 7. Section 821.080, Health and Safety Code, is
119	119	amended to read as follows:
120	120	Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any
121	121	other law, the clerk of a court that collects a penalty under this
122	122	subchapter shall remit the penalty collected for deposit in the
123	123	general fund of the municipality or county served by the court.
124	124	SECTION 8. Subchapter D, Chapter 821, Health and Safety
125	125	Code, is amended by adding Section 821.082 to read as follows:
126	126	Sec. 821.082. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
127	127	subchapter does not affect the applicability of any other law,
128	128	rule, order, ordinance, or other legal requirement of this state or
129	129	a political subdivision of this state.
130	130	(b) This subchapter does not prevent a municipality or
131	131	county from prohibiting or further regulating by ordinance or order
132	132	the ownership, possession, restraint, confinement, or care of a
133	133	dog.
134	134	SECTION 9. Sections 821.079(b) and (e), Health and Safety
135	135	Code, are repealed.
136	136	SECTION 10. The change in law made by this Act applies only
137	137	to an offense committed on or after the effective date of this Act.
138	138	An offense committed before the effective date of this Act is
139	139	governed by the law as it existed on the date the offense was
140	140	committed, and the former law is continued in effect for that
141	141	purpose. For purposes of this section, an offense was committed
142	142	before the effective date of this Act if any element of the offense
143	143	occurred before that date.
144	144	SECTION 11. This Act takes effect September 1, 2017.