| 1 | 1 | | 86R12994 SRA-F |
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| 2 | 2 | | By: Meyer H.B. No. 4316 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a dog's restraint and shelter. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subchapter D, Chapter 821, Health |
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| 10 | 10 | | and Safety Code, is amended to read as follows: |
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| 11 | 11 | | SUBCHAPTER D. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG |
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| 12 | 12 | | SECTION 2. Section 821.076, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (1) "Adequate shelter" means a sturdy structure that |
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| 16 | 16 | | allows a dog protection from the rain, hail, sleet, snow, and |
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| 17 | 17 | | subfreezing temperatures. |
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| 18 | 18 | | (1-a) "Collar" means any collar constructed of nylon, |
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| 19 | 19 | | leather, or similar material, specifically designed to be used for |
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| 20 | 20 | | a dog. |
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| 21 | 21 | | SECTION 3. The heading to Section 821.077, Health and |
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| 22 | 22 | | Safety Code, is amended to read as follows: |
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| 23 | 23 | | Sec. 821.077. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG. |
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| 24 | 24 | | SECTION 4. Section 821.077(a), Health and Safety Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (a) An owner may not leave a dog outside and unattended by |
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| 27 | 27 | | use of a restraint that unreasonably limits the dog's movement and |
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| 28 | 28 | | access to an adequate shelter[: |
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| 29 | 29 | | [(1) between the hours of 10 p.m. and 6 a.m.; |
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| 30 | 30 | | [(2) within 500 feet of the premises of a school; or |
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| 31 | 31 | | [(3) in the case of extreme weather conditions, |
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| 32 | 32 | | including conditions in which: |
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| 33 | 33 | | [(A) the actual or effective outdoor temperature |
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| 34 | 34 | | is below 32 degrees Fahrenheit; |
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| 35 | 35 | | [(B) a heat advisory has been issued by a local or |
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| 36 | 36 | | state authority or jurisdiction; or |
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| 37 | 37 | | [(C) a hurricane, tropical storm, or tornado |
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| 38 | 38 | | warning has been issued for the jurisdiction by the National |
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| 39 | 39 | | Weather Service]. |
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| 40 | 40 | | SECTION 5. Section 821.079(c), Health and Safety Code, is |
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| 41 | 41 | | amended to read as follows: |
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| 42 | 42 | | (c) [A person commits an offense if the person is provided a |
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| 43 | 43 | | statement described by Subsection (b) and fails to comply with this |
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| 44 | 44 | | subchapter within 24 hours of the time the owner is provided the |
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| 45 | 45 | | statement.] An offense under this section [subsection] is a Class C |
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| 46 | 46 | | misdemeanor. |
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| 47 | 47 | | SECTION 6. Sections 821.079(b) and (d), Health and Safety |
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| 48 | 48 | | Code, are repealed. |
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| 49 | 49 | | SECTION 7. The change in law made by this Act applies only |
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| 50 | 50 | | to an offense committed on or after the effective date of this Act. |
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| 51 | 51 | | An offense committed before the effective date of this Act is |
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| 52 | 52 | | governed by the law as it existed on the date the offense was |
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| 53 | 53 | | committed, and the former law is continued in effect for that |
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| 54 | 54 | | purpose. For purposes of this section, an offense was committed |
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| 55 | 55 | | before the effective date of this Act if any element of the offense |
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| 56 | 56 | | occurred before that date. |
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| 57 | 57 | | SECTION 8. This Act takes effect September 1, 2019. |
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