| 1 | 1 | | 87S20045 KKR-D |
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| 2 | 2 | | By: Jetton H.B. No. 17 |
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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 the unlawful restraint of a dog; creating a criminal |
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| 8 | 8 | | offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 821, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter E to read as follows: |
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| 12 | 12 | | SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG |
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| 13 | 13 | | Sec. 821.101. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Owner" means a person who owns or has custody or |
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| 15 | 15 | | control of a dog. |
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| 16 | 16 | | (2) "Restraint" means a chain, rope, tether, leash, |
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| 17 | 17 | | cable, or other device that attaches a dog to a stationary object or |
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| 18 | 18 | | trolley system. |
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| 19 | 19 | | Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An |
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| 20 | 20 | | owner may not leave a dog outside and unattended by use of a |
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| 21 | 21 | | restraint. |
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| 22 | 22 | | (b) A person commits an offense if the person knowingly |
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| 23 | 23 | | violates this section. The restraint of each dog that is in |
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| 24 | 24 | | violation of this section is a separate offense. |
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| 25 | 25 | | (c) An offense under this section is a Class C misdemeanor, |
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| 26 | 26 | | except that the offense is a Class B misdemeanor if the person has |
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| 27 | 27 | | previously been convicted under this section. |
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| 28 | 28 | | (d) If conduct constituting an offense under this section |
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| 29 | 29 | | also constitutes an offense under any other law, the actor may be |
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| 30 | 30 | | prosecuted under this section, the other law, or both. |
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| 31 | 31 | | Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not |
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| 32 | 32 | | apply to: |
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| 33 | 33 | | (1) the use of a restraint on a dog in a public camping |
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| 34 | 34 | | or recreational area in compliance with the requirements of the |
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| 35 | 35 | | public camping or recreational area as defined by a federal, state, |
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| 36 | 36 | | or local authority or jurisdiction; |
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| 37 | 37 | | (2) the use of a restraint on a dog while the owner and |
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| 38 | 38 | | dog engage in, or actively train for, an activity conducted under a |
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| 39 | 39 | | valid license issued by this state provided: |
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| 40 | 40 | | (A) the activity is associated with the use or |
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| 41 | 41 | | presence of a dog; and |
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| 42 | 42 | | (B) the restraint is used only for the time |
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| 43 | 43 | | necessary for the owner to complete the activity; |
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| 44 | 44 | | (3) the use of a restraint on a dog while the owner and |
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| 45 | 45 | | dog engage in conduct directly related to the business of |
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| 46 | 46 | | shepherding or herding cattle or livestock provided the restraint |
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| 47 | 47 | | is used only for the time necessary for the owner to complete the |
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| 48 | 48 | | shepherding or herding; |
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| 49 | 49 | | (4) a dog left unattended in an open-air truck bed only |
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| 50 | 50 | | for the time necessary for the owner to complete a temporary task |
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| 51 | 51 | | that requires the dog to be left unattended in the truck bed; or |
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| 52 | 52 | | (5) a dog restrained while the owner and dog are |
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| 53 | 53 | | engaged in, or actively training for, hunting or field trialing. |
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| 54 | 54 | | (b) This subchapter does not prohibit a person from walking |
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| 55 | 55 | | a dog with a handheld leash. |
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| 56 | 56 | | Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
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| 57 | 57 | | subchapter does not preempt a local regulation relating to the |
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| 58 | 58 | | restraint of a dog or affect the authority of a political |
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| 59 | 59 | | subdivision to adopt or enforce an ordinance or requirement |
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| 60 | 60 | | relating to the restraint of a dog if the regulation, ordinance, or |
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| 61 | 61 | | requirement relates to an issue not specifically addressed by this |
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| 62 | 62 | | subchapter. |
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| 63 | 63 | | SECTION 2. Subchapter D, Chapter 821, Health and Safety |
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| 64 | 64 | | Code, is repealed. |
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| 65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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| 66 | 66 | | to an offense committed on or after the effective date of this Act. |
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| 67 | 67 | | An offense committed before the effective date of this Act is |
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| 68 | 68 | | governed by the law in effect on the date the offense was committed, |
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| 69 | 69 | | and the former law is continued in effect for that purpose. For |
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| 70 | 70 | | purposes of this section, an offense was committed before the |
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| 71 | 71 | | effective date of this Act if any element of the offense occurred |
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| 72 | 72 | | before that date. |
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| 73 | 73 | | SECTION 4. This Act takes effect January 1, 2022. |
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