86R12994 SRA-F
By: Meyer H.B. No. 4316
A BILL TO BE ENTITLED
AN ACT
relating to a dog's restraint and shelter.
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. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG
SECTION 2. Section 821.076, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Adequate shelter" means a sturdy structure that
allows a dog protection from the rain, hail, sleet, snow, and
subfreezing temperatures.
(1-a) "Collar" means any collar constructed of nylon,
leather, or similar material, specifically designed to be used for
a dog.
SECTION 3. The heading to Section 821.077, Health and
Safety Code, is amended to read as follows:
Sec. 821.077. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG.
SECTION 4. Section 821.077(a), Health and Safety Code, is
amended to read as follows:
(a) An owner may not leave a dog outside and unattended by
use of a restraint that unreasonably limits the dog's movement and
access to an adequate shelter[:
[(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].
SECTION 5. Section 821.079(c), Health and Safety Code, is
amended to read as follows:
(c) [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 section [subsection] is a Class C
misdemeanor.
SECTION 6. Sections 821.079(b) and (d), Health and Safety
Code, are repealed.
SECTION 7. 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 8. This Act takes effect September 1, 2019.