Texas 2021 - 87th Regular

Texas House Bill HB873 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R15834 SRA-D
2		-	By: Collier, Pacheco, Shaheen, Stucky, H.B. No. 873
3		-	Ordaz Perez, et al.
4		-	Substitute the following for H.B. No. 873:
5		-	By: Hinojosa C.S.H.B. No. 873
	1	+	87R1125 SRA-D
	2	+	By: Collier H.B. No. 873
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the unlawful restraint of a dog; creating a criminal
11	8		offense.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Chapter 821, Health and Safety Code, is amended
14	11		by adding Subchapter E to read as follows:
15	12		SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG
16	13		Sec. 821.101. DEFINITIONS. In this subchapter:
17		-	(1) "Adequate shelter" means a sturdy structure:
	14	+	(1) "Adequate shelter" means a clean and sturdy
	15	+	structure:
18	16		(A) that allows the dog protection from rain,
19	17		hail, sleet, snow, and subfreezing temperatures; and
20	18		(B) with dimensions that allow the dog while in
21	19		the shelter to stand erect, sit, turn around, and lie down in a
22	20		normal position.
23	21		(2) "Collar" means a band constructed of nylon,
24	22		leather, or similar material, specifically designed to be placed
25	23		around the neck of a dog.
26	24		(3) "Harness" means a set of straps constructed of
27	25		nylon, leather, or similar material, specifically designed to
28	26		restrain or control a dog.
29	27		(4) "Owner" means a person who owns or has custody or
30	28		control of a dog.
31	29		(5) "Properly fitted" means, with respect to a collar
32	30		or harness, a collar or harness that:
33	31		(A) is appropriately sized for the dog based on
34	32		the dog's measurements and body weight;
35	33		(B) does not choke the dog or impede the dog's
36	34		normal breathing or swallowing; and
37	35		(C) is attached around the dog in a manner that
38	36		does not allow for escape and does not cause pain or injury to the
39	37		dog.
40	38		(6) "Restraint" means a chain, rope, tether, leash,
41	39		cable, or other device that attaches a dog to a stationary object or
42	40		trolley system.
43	41		Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An
44	42		owner may not leave a dog outside and unattended by use of a
45	43		restraint unless the owner provides the dog access to:
46	44		(1) adequate shelter;
47		-	(2) an area that allows the dog to avoid standing water
48		-	and any other substance that could cause harm to the health of a dog
49		-	that is subjected to prolonged exposure to the substance, including
50		-	feces or urine;
	45	+	(2) an area that allows the dog to avoid standing
	46	+	water;
51	47		(3) shade from direct sunlight; and
52	48		(4) potable water.
53	49		(b) An owner may not restrain a dog outside and unattended
54	50		by use of a restraint that:
55	51		(1) is a chain;
56	52		(2) has weights attached;
57	53		(3) is shorter in length than the greater of:
58	54		(A) five times the length of the dog, as measured
59	55		from the tip of the dog's nose to the base of the dog's tail; or
60	56		(B) 10 feet;
61	57		(4) is not attached to a properly fitted collar or
62	58		harness; or
63	59		(5) causes pain or injury to the dog.
64	60		(c) A person commits an offense if the person knowingly
65	61		violates this section. The restraint of each dog that is in
66	62		violation is a separate offense.
67	63		(d) An offense under this section is a Class C misdemeanor,
68	64		except that the offense is a Class B misdemeanor if the person has
69	65		previously been convicted under this section.
70	66		(e) If conduct constituting an offense under this section
71	67		also constitutes an offense under any other law, the actor may be
72	68		prosecuted under this section, the other law, or both.
73		-	Sec. 821.103. EXCEPTIONS. (a) ~~Section 821.102 does not~~
74		-	~~apply to~~:
75		-	(1) the ~~use of~~ a restraint on a dog in a public ~~camping~~
76		-	or recreational area in compliance with the requirements of ~~the~~
77		-	public camping or recreational area as defined by a federal, ~~state,~~
78		-	or local authority or jurisdiction;
79		-	(2) the ~~use of~~ a restraint on a dog while the ~~owner and~~
80		-	dog engage in, or actively train for, an activity ~~conducted under a~~
81		-	valid license issued by this state provided the ~~activity is~~
82		-	associated with the use or presence of a dog;
83		-	(3) the ~~use of~~ a restraint on a dog while the ~~owner and~~
84		-	dog engage in conduct directly related to the business of
	69	+	Sec. 821.103. EXCEPTIONS. (a) It is an exception to the
	70	+	application of Section 821.102 that:
	71	+	(1) the owner uses a restraint on the dog in a public
	72	+	camping or recreational area in compliance with the requirements of
	73	+	the public camping or recreational area as defined by a federal,
	74	+	state, or local authority or jurisdiction;
	75	+	(2) the owner uses a restraint on the dog while the
	76	+	owner and dog engage in, or actively train for, an activity
	77	+	conducted under a valid license issued by this state provided the
	78	+	activity is associated with the use or presence of a dog;
	79	+	(3) the owner uses a restraint on the dog while the
	80	+	owner and dog engage in conduct directly related to the business of
85	81		shepherding or herding cattle or livestock;
86		-	(4) the ~~use of~~ a restraint on a dog while the ~~owner and~~
87		-	dog engage in conduct directly related to the business of
	82	+	(4) the owner uses a restraint on the dog while the
	83	+	owner and dog engage in conduct directly related to the business of
88	84		cultivating agricultural products;
89		-	(5) a dog left unattended in an open-air truck bed only
90		-	for the time necessary for the owner to complete a temporary task
91		-	that requires the dog to be left unattended in the truck bed;
92		-	(6) a dog taken by the owner, or another person with
93		-	the owner's permission, from the owner's residence or property and
94		-	restrained by the owner or the person for not longer than the time
95		-	necessary for the owner to engage in an activity that requires the
96		-	dog to be temporarily restrained; or
97		-	(7) a dog restrained while the owner and dog are
98		-	engaged in, or actively training for, hunting or field trialing.
	85	+	(5) the owner leaves the dog unattended in an open-air
	86	+	truck bed only for the time necessary for the owner to complete a
	87	+	temporary task that requires the dog to be left unattended in the
	88	+	truck bed;
	89	+	(6) the owner, or another person with the owner's
	90	+	permission, takes the dog from the owner's residence or property
	91	+	and restrains the dog for not longer than the time necessary for the
	92	+	owner to engage in an activity that requires the dog to be
	93	+	temporarily restrained; or
	94	+	(7) the owner uses a restraint on the dog while the
	95	+	owner and dog are engaged in, or actively training for, hunting or
	96	+	field trialing.
99	97		(b) Section 821.102(b)(3) does not apply to a restraint
100	98		attached to a trolley system that allows a dog to move along a
101	99		running line for a distance equal to or greater than the lengths
102	100		specified under that subdivision.
103	101		(c) This subchapter does not prohibit a person from walking
104	102		a dog with a handheld leash.
105	103		Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
106	104		subchapter does not preempt a local regulation relating to the
107	105		restraint of a dog or affect the authority of a political
108	106		subdivision to adopt or enforce an ordinance or requirement
109	107		relating to the restraint of a dog if the regulation, ordinance, or
110	108		requirement:
111	109		(1) is compatible with and equal to or more stringent
112	110		than a requirement prescribed by this subchapter; or
113	111		(2) relates to an issue not specifically addressed by
114	112		this subchapter.
115	113		SECTION 2. Subchapter D, Chapter 821, Health and Safety
116	114		Code, is repealed.
117	115		SECTION 3. The change in law made by this Act applies only
118	116		to an offense committed on or after the effective date of this Act.
119	117		An offense committed before the effective date of this Act is
120	118		governed by the law in effect on the date the offense was committed,
121	119		and the former law is continued in effect for that purpose. For
122	120		purposes of this section, an offense was committed before the
123	121		effective date of this Act if any element of the offense occurred
124	122		before that date.
125	123		SECTION 4. This Act takes effect September 1, 2021.