Texas 2021 - 87th Regular

Texas House Bill HB399 Compare Versions

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

Old	New	Differences
1	1	By: Shaheen H.B. No. 399
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. This Act shall be known as the Mr. Wilson Act.
9	9	SECTION 2. 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 3. 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	(A) allows the dog protection from the rain,
17	17	hail, sleet, snow, and subfreezing temperatures; and
18	18	(B) allows the dog while in the shelter to stand
19	19	erect, sit, turn around, and lie down in a normal position.
20	20	(1-a) "Collar" means any collar constructed of nylon,
21	21	leather, or similar material, specifically designed to be used for
22	22	a dog.
23	23	SECTION 4. Section 821.077, Health and Safety Code, is
24	24	amended to read as follows:
25	25	Sec. 821.077. [UNLAWFUL] RESTRAINT OF AND SHELTER FOR DOG.
26	26	(a) An owner may not leave a dog outside and unattended by use of a
27	27	restraint that unreasonably limits the dog's movement[:
28	28	[(1) between the hours of 10 p.m. and 6 a.m.;
29	29	[(2) within 500 feet of the premises of a school; or
30	30	[(3) in the case of extreme weather conditions,
31	31	including conditions in which:
32	32	[(A) the actual or effective outdoor temperature
33	33	is below 32 degrees Fahrenheit;
34	34	[(B) a heat advisory has been issued by a local or
35	35	state authority or jurisdiction; or
36	36	[(C) a hurricane, tropical storm, or tornado
37	37	warning has been issued for the jurisdiction by the National
38	38	Weather Service].
39	39	(b) In this section, a restraint unreasonably limits a dog's
40	40	movement if the restraint:
41	41	(1) is attached to [uses] a collar that is pinch-type,
42	42	prong-type, or choke-type or that is not properly fitted to the dog;
43	43	(2) is a length shorter than the greater of:
44	44	(A) five times the length of the dog, as measured
45	45	from the tip of the dog's nose to the base of the dog's tail; or
46	46	(B) 10 feet; or
47	47	(3) is a chain [in an unsafe condition; or
48	48	[(4) causes injury to the dog].
49	49	(c) An owner may not leave a dog outside and unattended by
50	50	use of a restraint unless the owner provides the dog access to
51	51	adequate shelter.
52	52	SECTION 5. Section 821.078, Health and Safety Code, is
53	53	amended to read as follows:
54	54	Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply
55	55	to:
56	56	(1) a dog restrained by the owner or another person for
57	57	not longer than the time necessary for the owner to engage in an
58	58	activity that requires the dog to be temporarily restrained
59	59	[restrained to a running line, pulley, or trolley system and that is
60	60	not restrained to the running line, pulley, or trolley system by
61	61	means of a pinch-type, prong-type, choke-type, or improperly fitted
62	62	collar];
63	63	(2) a dog restrained in compliance with the
64	64	requirements of a camping or recreational area as defined by a
65	65	federal, state, or local authority or jurisdiction;
66	66	(3) a dog restrained for a reasonable period, not to
67	67	exceed three hours in a 24-hour period, and no longer than is
68	68	necessary for the owner to complete a temporary task that requires
69	69	the dog to be restrained;
70	70	(4) a dog restrained while the owner and the dog are
71	71	[is] engaged in, or actively training for, an activity that is
72	72	conducted pursuant to a valid license issued by this state if the
73	73	activity for which the license is issued is associated with the use
74	74	or presence of a dog;
75	75	(5) a dog restrained while the owner and the dog are
76	76	[is] engaged in conduct directly related to the business of
77	77	shepherding or herding cattle or livestock; [or]
78	78	(6) a dog restrained while the owner and the dog are
79	79	[is] engaged in conduct directly related to the business of
80	80	cultivating agricultural products, if the restraint is reasonably
81	81	necessary for the safety of the dog;
82	82	(7) a dog restrained while the owner and dog are
83	83	engaged in, or actively training for, hunting or field trialing; or
84	84	(8) a dog left in an open-air truck bed for not longer
85	85	than the time necessary for the owner to complete a temporary task
86	86	that requires the dog to be left in the truck bed.
87	87	SECTION 6. Section 821.079(c), Health and Safety Code, is
88	88	amended to read as follows:
89	89	(c) Except as otherwise provided by this section, an [A
90	90	person commits an offense if the person is provided a statement
91	91	described by Subsection (b) and fails to comply with this
92	92	subchapter within 24 hours of the time the owner is provided the
93	93	statement. An] offense under this section [subsection] is a Class C
94	94	misdemeanor.
95	95	SECTION 7. Section 821.079(b), Health and Safety Code, is
96	96	repealed.
97	97	SECTION 8. The change in law made by this Act applies only
98	98	to an offense committed on or after the effective date of this Act.
99	99	An offense committed before the effective date of this Act is
100	100	governed by the law as it existed on the date the offense was
101	101	committed, and the former law is continued in effect for that
102	102	purpose. For purposes of this section, an offense was committed
103	103	before the effective date of this Act if any element of the offense
104	104	occurred before that date.
105	105	SECTION 9. This Act takes effect September 1, 2021.