Texas 2019 - 86th Regular

Texas House Bill HB2385 Compare Versions

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

Old	New	Differences
1	1	86R11362 SRA-F
2	2	By: Leach H.B. No. 2385
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a dog's restraint and shelter.
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. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG
12	12	SECTION 2. Section 821.076, Health and Safety Code, is
13	13	amended by amending Subdivision (1) and adding Subdivision (1-a) to
14	14	read as follows:
15	15	(1) "Adequate shelter" means a sturdy structure that
16	16	allows a dog protection from the rain, hail, sleet, snow, and
17	17	subfreezing temperatures.
18	18	(1-a) "Collar" means any collar constructed of nylon,
19	19	leather, or similar material, specifically designed to be used for
20	20	a dog.
21	21	SECTION 3. Section 821.077, Health and Safety Code, is
22	22	amended to read as follows:
23	23	Sec. 821.077. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG.
24	24	(a) An owner may not leave a dog outside and unattended by use of a
25	25	restraint that unreasonably limits the dog's movement and access to
26	26	an adequate shelter[:
27	27	[(1) between the hours of 10 p.m. and 6 a.m.;
28	28	[(2) within 500 feet of the premises of a school; or
29	29	[(3) in the case of extreme weather conditions,
30	30	including conditions in which:
31	31	[(A) the actual or effective outdoor temperature
32	32	is below 32 degrees Fahrenheit;
33	33	[(B) a heat advisory has been issued by a local or
34	34	state authority or jurisdiction; or
35	35	[(C) a hurricane, tropical storm, or tornado
36	36	warning has been issued for the jurisdiction by the National
37	37	Weather Service].
38	38	(b) In this section, a restraint unreasonably limits a dog's
39	39	movement if the restraint:
40	40	(1) is attached to [uses] a collar that is pinch-type,
41	41	prong-type, or choke-type or that is not properly fitted to the dog;
42	42	(2) is a length shorter than the greater of:
43	43	(A) five times the length of the dog, as measured
44	44	from the tip of the dog's nose to the base of the dog's tail; or
45	45	(B) 10 feet; or
46	46	(3) is a chain [in an unsafe condition; or
47	47	[(4) causes injury to the dog].
48	48	SECTION 4. Section 821.078, Health and Safety Code, is
49	49	amended to read as follows:
50	50	Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply
51	51	to:
52	52	(1) a dog taken by the owner, or another person with
53	53	the owner's permission, from the owner's residence or property and
54	54	restrained by the owner or the person for not longer than the time
55	55	necessary for the owner to engage in an activity that requires the
56	56	dog to be temporarily restrained [restrained to a running line,
57	57	pulley, or trolley system and that is not restrained to the running
58	58	line, pulley, or trolley system by means of a pinch-type,
59	59	prong-type, choke-type, or improperly fitted collar];
60	60	(2) a dog restrained in compliance with the
61	61	requirements of a camping or recreational area as defined by a
62	62	federal, state, or local authority or jurisdiction;
63	63	(3) a dog restrained for a reasonable period, not to
64	64	exceed three hours in a 24-hour period, and no longer than is
65	65	necessary for the owner to complete a temporary task that requires
66	66	the dog to be restrained;
67	67	(4) a dog restrained while the owner and the dog are
68	68	[is] engaged in, or actively training for, an activity that is
69	69	conducted pursuant to a valid license issued by this state if the
70	70	activity for which the license is issued is associated with the use
71	71	or presence of a dog;
72	72	(5) a dog restrained while the owner and the dog are
73	73	[is] engaged in conduct directly related to the business of
74	74	shepherding or herding cattle or livestock; [or]
75	75	(6) a dog restrained while the owner and the dog are
76	76	[is] engaged in conduct directly related to the business of
77	77	cultivating agricultural products, if the restraint is reasonably
78	78	necessary for the safety of the dog;
79	79	(7) a dog restrained while the owner and dog are
80	80	engaged in, or actively training for, hunting or field trialing; or
81	81	(8) a dog restrained in an open-air truck bed for not
82	82	longer than the time necessary for the owner to complete a temporary
83	83	task that requires the dog to be left in the truck bed.
84	84	SECTION 5. Section 821.079(c), Health and Safety Code, is
85	85	amended to read as follows:
86	86	(c) [A person commits an offense if the person is provided a
87	87	statement described by Subsection (b) and fails to comply with this
88	88	subchapter within 24 hours of the time the owner is provided the
89	89	statement.] An offense under this section [subsection] is a Class C
90	90	misdemeanor.
91	91	SECTION 6. Sections 821.079(b) and (d), Health and Safety
92	92	Code, are repealed.
93	93	SECTION 7. The change in law made by this Act applies only
94	94	to an offense committed on or after the effective date of this Act.
95	95	An offense committed before the effective date of this Act is
96	96	governed by the law as it existed on the date the offense was
97	97	committed, and the former law is continued in effect for that
98	98	purpose. For purposes of this section, an offense was committed
99	99	before the effective date of this Act if any element of the offense
100	100	occurred before that date.
101	101	SECTION 8. This Act takes effect September 1, 2019.