85R5485 AJZ-D
By: Miller H.B. No. 1961
A BILL TO BE ENTITLED
AN ACT
relating to the care and unlawful restraint of a dog.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 821, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. DOG LEFT OUTSIDE AND UNATTENDED; UNLAWFUL RESTRAINT
[OF DOG]
SECTION 2. Section 821.076, Health and Safety Code, is
amended by adding Subdivision (1-a) and amending Subdivision (3) to
read as follows:
(1-a) "Harness" means any harness constructed of
nylon, leather, or similar material, specifically designed to be
used for a dog.
(3) "Properly fitted" means, with respect to a collar
or harness used for a dog, a collar or harness that:
(A) is the appropriate size for the dog;
(B) does not choke the dog or impede the dog's
normal breathing or swallowing; and
(C) is attached to the dog in a manner that does
not cause injury to the dog [measures the circumference of a dog's
neck plus at least one inch].
SECTION 3. Section 821.077, Health and Safety Code, is
amended to read as follows:
Sec. 821.077. CARE OF DOG LEFT OUTSIDE AND UNATTENDED;
UNLAWFUL RESTRAINT [OF DOG]. (a) In this section, "adequate
shelter" means a clean, weatherproof structure that:
(1) allows the dog to remain dry in inclement weather
and preserve its body heat in subfreezing weather; and
(2) is large enough to allow the dog to stand erect,
sit, turn around, and lie down in a normal manner.
(b) An owner may not leave a dog outside and unattended
unless the owner provides the dog continuous access to:
(1) adequate shelter;
(2) shade from direct sunlight; and
(3) potable water [by use of a restraint that
unreasonably limits the dog's movement:
[(1) 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].
(c) An owner may not restrain a dog outside and unattended
by use of a restraint that [(b) In this section, a restraint
unreasonably limits a dog's movement if the restraint]:
(1) is not attached to a properly fitted [uses a]
collar or harness [that is pinch-type, prong-type, or choke-type or
that is not properly fitted to the dog];
(2) is a length shorter than the greater of:
(A) five times the length of the dog, as measured
from the tip of the dog's nose to the base of the dog's tail; or
(B) 10 feet;
(3) has weights attached or contains metal chain links
in a width that exceeds one-quarter of an inch [is in an unsafe
condition]; or
(4) may cause the dog to become tangled in the
restraint [causes injury to the dog].
SECTION 4. Section 821.078, Health and Safety Code, is
amended to read as follows:
Sec. 821.078. EXCEPTIONS. (a) 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 a public camping or
recreational area in compliance with the requirements of the public
[a] camping or recreational area as defined by a federal, state, or
local authority or jurisdiction;
(2) [(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;
[(4)] a dog restrained while the owner and dog are [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 and dog are
[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 and dog are
[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.
(b) Section 821.077(c)(2) does not apply to a restraint that
is attached to a trolley system and allows a dog to move along a
running line for a distance that exceeds the limitations specified
under that section.
SECTION 5. The heading to Section 821.079, Health and
Safety Code, is amended to read as follows:
Sec. 821.079. CRIMINAL PENALTY.
SECTION 6. Sections 821.079(a), (c), and (f), Health and
Safety Code, are amended to read as follows:
(a) A person commits an offense if the person [knowingly]
violates this subchapter. Each dog with respect to which there is a
violation and each day that a violation continues is a separate
offense.
(c) Except as provided by Subsection (d), an [A person
commits an offense if the person is provided a statement described
by Subsection (b) and fails to comply with this subchapter within 24
hours of the time the owner is provided the statement. An] offense
under this subchapter [subsection] is a Class C misdemeanor.
(f) If conduct constituting an offense under this
subchapter [section] also constitutes an offense under any other
law, the actor may be prosecuted under this section, the other law,
or both.
SECTION 7. Section 821.080, Health and Safety Code, is
amended to read as follows:
Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any
other law, the clerk of a court that collects a penalty under this
subchapter shall remit the penalty collected for deposit in the
general fund of the municipality or county served by the court.
SECTION 8. Subchapter D, Chapter 821, Health and Safety
Code, is amended by adding Section 821.082 to read as follows:
Sec. 821.082. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
subchapter does not affect the applicability of any other law,
rule, order, ordinance, or other legal requirement of this state or
a political subdivision of this state.
(b) This subchapter does not prevent a municipality or
county from prohibiting or further regulating by ordinance or order
the ownership, possession, restraint, confinement, or care of a
dog.
SECTION 9. Sections 821.079(b) and (e), Health and Safety
Code, are repealed.
SECTION 10. 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
governed by the law as it existed on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 11. This Act takes effect September 1, 2017.