Texas 2017 - 85th Regular

Texas Senate Bill SB1090 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R30209 AJZ-F
2	2	By: Lucio S.B. No. 1090
3	3	(Davis of Harris, Anderson of Dallas, Minjarez, Laubenberg,
4	4	Farrar, et al.)
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unlawful restraint of a dog; creating a criminal
10	10	offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 821, Health and Safety Code, is amended
13	13	by adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG
15	15	Sec. 821.101. DEFINITIONS. In this subchapter:
16	16	(1) "Adequate shelter" means a clean and sturdy
17	17	structure that:
18	18	(A) allows the dog protection from rain, hail,
19	19	sleet, snow, and subfreezing temperatures; and
20	20	(B) is large enough to allow the dog to stand
21	21	erect, sit, turn around, and lie down in a normal manner.
22	22	(2) "Collar" means any collar constructed of nylon,
23	23	leather, or similar material, specifically designed to be used for
24	24	a dog.
25	25	(3) "Harness" means any harness constructed of nylon,
26	26	leather, or similar material, specifically designed to be used for
27	27	a dog.
28	28	(4) "Owner" means a person who owns or has custody or
29	29	control of a dog.
30	30	(5) "Properly fitted" means, with respect to a collar
31	31	or harness used for a dog, a collar or harness that:
32	32	(A) is the appropriate size for the dog based on
33	33	the dog's size and body weight;
34	34	(B) does not choke the dog or impede the dog's
35	35	normal breathing or swallowing; and
36	36	(C) is attached to the dog in a manner that does
37	37	not allow for escape and does not cause injury to the dog.
38	38	(6) "Restraint" means a chain, rope, tether, leash,
39	39	cable, or other device that attaches a dog to a stationary object,
40	40	pulley, or trolley system.
41	41	Sec. 821.102. UNLAWFUL RESTRAINT OF DOG. (a) An owner may
42	42	not leave a dog outside and unattended by use of a restraint unless
43	43	the owner provides the dog access to:
44	44	(1) adequate shelter;
45	45	(2) an area that allows the dog to avoid standing
46	46	water;
47	47	(3) shade from direct sunlight; and
48	48	(4) water.
49	49	(b) An owner may not restrain a dog outside and unattended
50	50	by use of a restraint that:
51	51	(1) is a chain;
52	52	(2) has weights attached;
53	53	(3) is shorter in length than the greater of:
54	54	(A) five times the length of the dog, as measured
55	55	from the tip of the dog's nose to the base of the dog's tail; or
56	56	(B) 10 feet;
57	57	(4) is not attached to a properly fitted collar or
58	58	harness; or
59	59	(5) causes injury to the dog.
60	60	Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not
61	61	apply to:
62	62	(1) a dog restrained in a public camping or
63	63	recreational area in compliance with the requirements of the public
64	64	camping or recreational area as defined by a federal, state, or
65	65	local authority or jurisdiction;
66	66	(2) a dog restrained while the owner and dog are
67	67	engaged in, or actively training for, an activity that is conducted
68	68	pursuant to a valid license issued by this state if the activity for
69	69	which the license is issued is associated with the use or presence
70	70	of a dog;
71	71	(3) a dog restrained while the owner and dog are
72	72	engaged in conduct directly related to the business of shepherding
73	73	or herding cattle or livestock;
74	74	(4) a dog restrained while the owner and dog are
75	75	engaged in conduct directly related to the business of cultivating
76	76	agricultural products;
77	77	(5) a dog left in an open-air truck bed for no longer
78	78	than necessary for the owner to complete a temporary task that
79	79	required the dog to be left in the truck bed;
80	80	(6) a dog taken by the owner, or another person with
81	81	the owner's permission, from the owner's residence or property and
82	82	restrained by the owner or the person for not longer than the time
83	83	necessary for the owner to engage in an activity that requires the
84	84	dog to be temporarily restrained; or
85	85	(7) a dog restrained while the owner and dog are
86	86	engaged in, or actively training for, hunting or field trialing.
87	87	(b) Section 821.102(b)(3) does not apply to a restraint that
88	88	is attached to a pulley or trolley system that allows a dog to move
89	89	along a running line for a distance that equals or exceeds the
90	90	lengths specified under that subdivision.
91	91	(c) This subchapter does not prohibit a person from walking
92	92	a dog with a handheld leash.
93	93	Sec. 821.104. OFFENSE; PENALTY. (a) A person commits an
94	94	offense if the person knowingly violates this subchapter. The
95	95	restraint of each dog with respect to which there is a violation is
96	96	a separate offense.
97	97	(b) An offense under this subchapter is a Class C
98	98	misdemeanor.
99	99	(c) If conduct constituting an offense under this
100	100	subchapter also constitutes an offense under any other law, the
101	101	actor may be prosecuted under this section, the other law, or both.
102	102	Sec. 821.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This
103	103	subchapter does not preempt a local regulation relating to the
104	104	restraint of a dog or affect the authority of a political
105	105	subdivision to adopt or enforce an ordinance or requirement
106	106	relating to the restraint of a dog if the regulation, ordinance, or
107	107	requirement:
108	108	(1) is compatible with and equal to or more stringent
109	109	than a requirement prescribed by this subchapter; or
110	110	(2) relates to an issue that is not specifically
111	111	addressed by this subchapter.
112	112	SECTION 2. Subchapter D, Chapter 821, Health and Safety
113	113	Code, is repealed.
114	114	SECTION 3. The change in law made by this Act applies only
115	115	to an offense committed on or after the effective date of this Act.
116	116	An offense committed before the effective date of this Act is
117	117	governed by the law in effect on the date the offense was committed,
118	118	and the former law is continued in effect for that purpose. For
119	119	purposes of this section, an offense was committed before the
120	120	effective date of this Act if any element of the offense occurred
121	121	before that date.
122	122	SECTION 4. This Act takes effect September 1, 2017.