Texas 2021 - 87th Regular

Texas House Bill HB386 Compare Versions

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

Old	New	Differences
1	1	87R1125 SRA-D
2	2	By: Pacheco H.B. No. 386
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the unlawful restraint of a dog; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 821, Health and Safety Code, is amended
11	11	by adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG
13	13	Sec. 821.101. DEFINITIONS. In this subchapter:
14	14	(1) "Adequate shelter" means a clean and sturdy
15	15	structure:
16	16	(A) that allows the dog protection from rain,
17	17	hail, sleet, snow, and subfreezing temperatures; and
18	18	(B) with dimensions that allow the dog while in
19	19	the shelter to stand erect, sit, turn around, and lie down in a
20	20	normal position.
21	21	(2) "Collar" means a band constructed of nylon,
22	22	leather, or similar material, specifically designed to be placed
23	23	around the neck of a dog.
24	24	(3) "Harness" means a set of straps constructed of
25	25	nylon, leather, or similar material, specifically designed to
26	26	restrain or control a dog.
27	27	(4) "Owner" means a person who owns or has custody or
28	28	control of a dog.
29	29	(5) "Properly fitted" means, with respect to a collar
30	30	or harness, a collar or harness that:
31	31	(A) is appropriately sized for the dog based on
32	32	the dog's measurements and body weight;
33	33	(B) does not choke the dog or impede the dog's
34	34	normal breathing or swallowing; and
35	35	(C) is attached around the dog in a manner that
36	36	does not allow for escape and does not cause pain or injury to the
37	37	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 or
40	40	trolley system.
41	41	Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An
42	42	owner may not leave a dog outside and unattended by use of a
43	43	restraint unless 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) potable 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 pain or injury to the dog.
60	60	(c) A person commits an offense if the person knowingly
61	61	violates this section. The restraint of each dog that is in
62	62	violation is a separate offense.
63	63	(d) An offense under this section is a Class C misdemeanor,
64	64	except that the offense is a Class B misdemeanor if the person has
65	65	previously been convicted under this section.
66	66	(e) If conduct constituting an offense under this section
67	67	also constitutes an offense under any other law, the actor may be
68	68	prosecuted under this section, the other law, or both.
69	69	Sec. 821.103. EXCEPTIONS. (a) It is an exception to the
70	70	application of Section 821.102 that:
71	71	(1) the owner uses a restraint on the dog in a public
72	72	camping or recreational area in compliance with the requirements of
73	73	the public camping or recreational area as defined by a federal,
74	74	state, or local authority or jurisdiction;
75	75	(2) the owner uses a restraint on the dog while the
76	76	owner and dog engage in, or actively train for, an activity
77	77	conducted under a valid license issued by this state provided the
78	78	activity is associated with the use or presence of a dog;
79	79	(3) the owner uses a restraint on the dog while the
80	80	owner and dog engage in conduct directly related to the business of
81	81	shepherding or herding cattle or livestock;
82	82	(4) the owner uses a restraint on the dog while the
83	83	owner and dog engage in conduct directly related to the business of
84	84	cultivating agricultural products;
85	85	(5) the owner leaves the dog unattended in an open-air
86	86	truck bed only for the time necessary for the owner to complete a
87	87	temporary task that requires the dog to be left unattended in the
88	88	truck bed;
89	89	(6) the owner, or another person with the owner's
90	90	permission, takes the dog from the owner's residence or property
91	91	and restrains the dog for not longer than the time necessary for the
92	92	owner to engage in an activity that requires the dog to be
93	93	temporarily restrained; or
94	94	(7) the owner uses a restraint on the dog while the
95	95	owner and dog are engaged in, or actively training for, hunting or
96	96	field trialing.
97	97	(b) Section 821.102(b)(3) does not apply to a restraint
98	98	attached to a trolley system that allows a dog to move along a
99	99	running line for a distance equal to or greater than the lengths
100	100	specified under that subdivision.
101	101	(c) This subchapter does not prohibit a person from walking
102	102	a dog with a handheld leash.
103	103	Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
104	104	subchapter does not preempt a local regulation relating to the
105	105	restraint of a dog or affect the authority of a political
106	106	subdivision to adopt or enforce an ordinance or requirement
107	107	relating to the restraint of a dog if the regulation, ordinance, or
108	108	requirement:
109	109	(1) is compatible with and equal to or more stringent
110	110	than a requirement prescribed by this subchapter; or
111	111	(2) relates to an issue not specifically addressed by
112	112	this subchapter.
113	113	SECTION 2. Subchapter D, Chapter 821, Health and Safety
114	114	Code, is repealed.
115	115	SECTION 3. The change in law made by this Act applies only
116	116	to an offense committed on or after the effective date of this Act.
117	117	An offense committed before the effective date of this Act is
118	118	governed by the law in effect on the date the offense was committed,
119	119	and the former law is continued in effect for that purpose. For
120	120	purposes of this section, an offense was committed before the
121	121	effective date of this Act if any element of the offense occurred
122	122	before that date.
123	123	SECTION 4. This Act takes effect September 1, 2021.