87S30326 SRA-F
By: Patterson H.B. No. 104
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful restraint of a dog; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 821, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG
Sec. 821.101. DEFINITIONS. In this subchapter:
(1) "Adequate shelter" means a sturdy structure:
(A) that provides the dog protection from
inclement weather; and
(B) with dimensions that allow the dog while in
the shelter to stand erect, sit, turn around, and lie down in a
normal position.
(2) "Collar" means a band of material specifically
designed to be placed around the neck of a dog.
(3) "Harness" means a set of straps constructed of
nylon, leather, or similar material, specifically designed to
restrain or control a dog.
(4) "Inclement weather" includes rain, hail, sleet,
snow, high winds, extreme low temperatures, or extreme high
temperatures.
(5) "Owner" means a person who owns or has custody or
control of a dog.
(6) "Properly fitted" means, with respect to a collar
or harness, a collar or harness that:
(A) is appropriately sized for the dog based on
the dog's measurements and body weight;
(B) does not choke the dog or impede the dog's
normal breathing or swallowing; and
(C) does not cause pain or injury to the dog.
(7) "Restraint" means a chain, rope, tether, leash,
cable, or other device that attaches a dog to a stationary object or
trolley system.
Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An
owner may not leave a dog outside and unattended by use of a
restraint unless the owner provides the dog access to:
(1) adequate shelter;
(2) an area that allows the dog to avoid standing water
and exposure to excessive animal waste;
(3) shade from direct sunlight; and
(4) potable water.
(b) An owner may not restrain a dog outside and unattended
by use of a restraint that:
(1) is a chain;
(2) has weights attached;
(3) is shorter in length than the greater of:
(A) five times the length of the dog, as measured
from the tip of the dog's nose to the base of the dog's tail; or
(B) 10 feet; or
(4) is attached to a collar or harness not properly
fitted.
(c) A person commits an offense if the person knowingly
violates this section. The restraint of each dog that is in
violation is a separate offense.
(d) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the person has
previously been convicted under this section.
(e) If conduct constituting an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not
apply to:
(1) the use of a restraint on a dog in a public camping
or recreational area in compliance with the requirements of the
public camping or recreational area as defined by a federal, state,
or local authority or jurisdiction;
(2) the use of a restraint on a dog while the owner and
dog engage in, or actively train for, an activity conducted under a
valid license issued by this state provided the activity is
associated with the use or presence of a dog;
(3) the use of a restraint on a dog while the owner and
dog engage in conduct directly related to the business of
shepherding or herding cattle or livestock;
(4) the use of a restraint on a dog while the owner and
dog engage in conduct directly related to the business of
cultivating agricultural products;
(5) a dog left unattended in an open-air truck bed only
for the time reasonably necessary for the owner to complete a
temporary task that requires the dog to be left unattended in the
truck bed;
(6) a dog taken by the owner, or another person with
the owner's permission, from the owner's residence or property and
restrained by the owner or the person for not longer than the time
necessary for the owner to engage in an activity that requires the
dog to be temporarily restrained; or
(7) a dog restrained while the owner and dog are
engaged in, or actively training for, hunting or field trialing.
(b) Section 821.102(b)(3) does not apply to a restraint
attached to a trolley system that allows a dog to move along a
running line for a distance equal to or greater than the lengths
specified under that subdivision.
(c) This subchapter does not prohibit a person from walking
a dog with a handheld leash.
Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
subchapter does not preempt a local regulation relating to the
restraint of a dog or affect the authority of a political
subdivision to adopt or enforce an ordinance or requirement
relating to the restraint of a dog if the regulation, ordinance, or
requirement:
(1) is compatible with and equal to or more stringent
than a requirement prescribed by this subchapter; or
(2) relates to an issue not specifically addressed by
this subchapter.
SECTION 2. Subchapter D, Chapter 821, Health and Safety
Code, is repealed.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.