Texas 2019 - 86th Regular

Texas House Bill HB3940 Compare Versions

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

Old	New	Differences
1	1	By: Shaheen H.B. No. 3940
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a dog's restraint and shelter.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Subchapter D, Chapter 821, Health
9	9	and Safety Code, is amended to read as follows:
10	10	SUBCHAPTER D. [UNLAWFUL] RESTRAINT OF AND SHELTER FOR DOG
11	11	SECTION 2. Section 821.076, Health and Safety Code, is
12	12	amended by amending Subdivision (1) and adding Subdivision (1-a) to
13	13	read as follows:
14	14	(1) "Adequate shelter" means a sturdy structure that:
15	15	(A) allows the dog protection from the rain,
16	16	hail, sleet, snow, and subfreezing temperatures; and
17	17	(B) allows the dog while in the shelter to stand
18	18	erect, sit, turn around, and lie down in a normal position.
19	19	(1-a) "Collar" means any collar constructed of nylon,
20	20	leather, or similar material, specifically designed to be used for
21	21	a dog.
22	22	SECTION 3. Section 821.077, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 821.077. [UNLAWFUL] RESTRAINT OF AND SHELTER FOR DOG.
25	25	(a) An owner may not leave a dog outside and unattended by use of a
26	26	restraint that unreasonably limits the dog's movement[:
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	(c) An owner may not leave a dog outside and unattended by
49	49	use of a restraint unless the owner provides the dog access to
50	50	adequate shelter.
51	51	SECTION 4. Section 821.078, Health and Safety Code, is
52	52	amended to read as follows:
53	53	Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply
54	54	to:
55	55	(1) a dog restrained by the owner or another person for
56	56	not longer than the time necessary for the owner to engage in an
57	57	activity that requires the dog to be temporarily restrained
58	58	[restrained to a running line, pulley, or trolley system and that is
59	59	not restrained to the running line, pulley, or trolley system by
60	60	means of a pinch-type, prong-type, choke-type, or improperly fitted
61	61	collar];
62	62	(2) a dog restrained in compliance with the
63	63	requirements of a camping or recreational area as defined by a
64	64	federal, state, or local authority or jurisdiction;
65	65	(3) a dog restrained for a reasonable period, not to
66	66	exceed three hours in a 24-hour period, and no longer than is
67	67	necessary for the owner to complete a temporary task that requires
68	68	the dog to be restrained;
69	69	(4) a dog restrained while the owner and the dog are
70	70	[is] engaged in, or actively training for, an activity that is
71	71	conducted pursuant to a valid license issued by this state if the
72	72	activity for which the license is issued is associated with the use
73	73	or presence of a dog;
74	74	(5) a dog restrained while the owner and the dog are
75	75	[is] engaged in conduct directly related to the business of
76	76	shepherding or herding cattle or livestock; [or]
77	77	(6) a dog restrained while the owner and the dog are
78	78	[is] engaged in conduct directly related to the business of
79	79	cultivating agricultural products, if the restraint is reasonably
80	80	necessary for the safety of the dog;
81	81	(7) a dog restrained while the owner and dog are
82	82	engaged in, or actively training for, hunting or field trialing; or
83	83	(8) a dog left in an open-air truck bed for not longer
84	84	than the time necessary for the owner to complete a temporary task
85	85	that requires the dog to be left in the truck bed.
86	86	SECTION 5. Section 821.079(c), Health and Safety Code, is
87	87	amended to read as follows:
88	88	(c) Except as otherwise provided by this section, an [A
89	89	person commits an offense if the person is provided a statement
90	90	described by Subsection (b) and fails to comply with this
91	91	subchapter within 24 hours of the time the owner is provided the
92	92	statement. An] offense under this section [subsection] is a Class C
93	93	misdemeanor.
94	94	SECTION 6. Section 821.079(b), Health and Safety Code, is
95	95	repealed.
96	96	SECTION 7. The change in law made by this Act applies only
97	97	to an offense committed on or after the effective date of this Act.
98	98	An offense committed before the effective date of this Act is
99	99	governed by the law as it existed on the date the offense was
100	100	committed, and the former law is continued in effect for that
101	101	purpose. For purposes of this section, an offense was committed
102	102	before the effective date of this Act if any element of the offense
103	103	occurred before that date.
104	104	SECTION 8. This Act takes effect September 1, 2019.