Texas 2021 - 87th 3rd C.S.

Texas House Bill HB104 Compare Versions

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

Old	New	Differences
1	1	87S30326 SRA-F
2	2	By: Patterson H.B. No. 104
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 sturdy structure:
15	15	(A) that provides the dog protection from
16	16	inclement weather; and
17	17	(B) with dimensions that allow the dog while in
18	18	the shelter to stand erect, sit, turn around, and lie down in a
19	19	normal position.
20	20	(2) "Collar" means a band of material specifically
21	21	designed to be placed around the neck of a dog.
22	22	(3) "Harness" means a set of straps constructed of
23	23	nylon, leather, or similar material, specifically designed to
24	24	restrain or control a dog.
25	25	(4) "Inclement weather" includes rain, hail, sleet,
26	26	snow, high winds, extreme low temperatures, or extreme high
27	27	temperatures.
28	28	(5) "Owner" means a person who owns or has custody or
29	29	control of a dog.
30	30	(6) "Properly fitted" means, with respect to a collar
31	31	or harness, a collar or harness that:
32	32	(A) is appropriately sized for the dog based on
33	33	the dog's measurements and body weight;
34	34	(B) does not choke the dog or impede the dog's
35	35	normal breathing or swallowing; and
36	36	(C) does not cause pain or injury to the dog.
37	37	(7) "Restraint" means a chain, rope, tether, leash,
38	38	cable, or other device that attaches a dog to a stationary object or
39	39	trolley system.
40	40	Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An
41	41	owner may not leave a dog outside and unattended by use of a
42	42	restraint unless the owner provides the dog access to:
43	43	(1) adequate shelter;
44	44	(2) an area that allows the dog to avoid standing water
45	45	and exposure to excessive animal waste;
46	46	(3) shade from direct sunlight; and
47	47	(4) potable water.
48	48	(b) An owner may not restrain a dog outside and unattended
49	49	by use of a restraint that:
50	50	(1) is a chain;
51	51	(2) has weights attached;
52	52	(3) is shorter in length than the greater of:
53	53	(A) five times the length of the dog, as measured
54	54	from the tip of the dog's nose to the base of the dog's tail; or
55	55	(B) 10 feet; or
56	56	(4) is attached to a collar or harness not properly
57	57	fitted.
58	58	(c) A person commits an offense if the person knowingly
59	59	violates this section. The restraint of each dog that is in
60	60	violation is a separate offense.
61	61	(d) An offense under this section is a Class C misdemeanor,
62	62	except that the offense is a Class B misdemeanor if the person has
63	63	previously been convicted under this section.
64	64	(e) If conduct constituting an offense under this section
65	65	also constitutes an offense under any other law, the actor may be
66	66	prosecuted under this section, the other law, or both.
67	67	Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not
68	68	apply to:
69	69	(1) the use of a restraint on a dog in a public camping
70	70	or recreational area in compliance with the requirements of the
71	71	public camping or recreational area as defined by a federal, state,
72	72	or local authority or jurisdiction;
73	73	(2) the use of a restraint on a dog while the owner and
74	74	dog engage in, or actively train for, an activity conducted under a
75	75	valid license issued by this state provided the activity is
76	76	associated with the use or presence of a dog;
77	77	(3) the use of a restraint on a dog while the owner and
78	78	dog engage in conduct directly related to the business of
79	79	shepherding or herding cattle or livestock;
80	80	(4) the use of a restraint on a dog while the owner and
81	81	dog engage in conduct directly related to the business of
82	82	cultivating agricultural products;
83	83	(5) a dog left unattended in an open-air truck bed only
84	84	for the time reasonably necessary for the owner to complete a
85	85	temporary task that requires the dog to be left unattended in the
86	86	truck bed;
87	87	(6) a dog taken by the owner, or another person with
88	88	the owner's permission, from the owner's residence or property and
89	89	restrained by the owner or the person for not longer than the time
90	90	necessary for the owner to engage in an activity that requires the
91	91	dog to be temporarily restrained; or
92	92	(7) a dog restrained while the owner and dog are
93	93	engaged in, or actively training for, hunting or field trialing.
94	94	(b) Section 821.102(b)(3) does not apply to a restraint
95	95	attached to a trolley system that allows a dog to move along a
96	96	running line for a distance equal to or greater than the lengths
97	97	specified under that subdivision.
98	98	(c) This subchapter does not prohibit a person from walking
99	99	a dog with a handheld leash.
100	100	Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
101	101	subchapter does not preempt a local regulation relating to the
102	102	restraint of a dog or affect the authority of a political
103	103	subdivision to adopt or enforce an ordinance or requirement
104	104	relating to the restraint of a dog if the regulation, ordinance, or
105	105	requirement:
106	106	(1) is compatible with and equal to or more stringent
107	107	than a requirement prescribed by this subchapter; or
108	108	(2) relates to an issue not specifically addressed by
109	109	this subchapter.
110	110	SECTION 2. Subchapter D, Chapter 821, Health and Safety
111	111	Code, is repealed.
112	112	SECTION 3. The change in law made by this Act applies only
113	113	to an offense committed on or after the effective date of this Act.
114	114	An offense committed before the effective date of this Act is
115	115	governed by the law in effect on the date the offense was committed,
116	116	and the former law is continued in effect for that purpose. For
117	117	purposes of this section, an offense was committed before the
118	118	effective date of this Act if any element of the offense occurred
119	119	before that date.
120	120	SECTION 4. This Act takes effect on the 91st day after the
121	121	last day of the legislative session.