Texas 2021 - 87th 3rd C.S.

Texas House Bill HB34 Compare Versions

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

Old	New	Differences
1	1	87S30016 MCF-D
2	2	By: Collier H.B. No. 34
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 rain,
16	16	hail, sleet, snow, and subfreezing temperatures; 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 constructed of nylon,
21	21	leather, or similar material, specifically designed to be placed
22	22	around the neck of a dog.
23	23	(3) "Harness" means a set of straps constructed of
24	24	nylon, leather, or similar material, specifically designed to
25	25	restrain or control a dog.
26	26	(4) "Owner" means a person who owns or has custody or
27	27	control of a dog.
28	28	(5) "Properly fitted" means, with respect to a collar
29	29	or harness, a collar or harness that:
30	30	(A) is appropriately sized for the dog based on
31	31	the dog's measurements and body weight;
32	32	(B) does not choke the dog or impede the dog's
33	33	normal breathing or swallowing; and
34	34	(C) is attached around the dog in a manner that
35	35	prevents the dog from escaping and does not cause pain or injury to
36	36	the dog.
37	37	(6) "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 any other substance that could cause harm to the health of a dog
46	46	subjected to prolonged exposure to the substance, including feces
47	47	or urine;
48	48	(3) shade from direct sunlight; and
49	49	(4) potable water.
50	50	(b) An owner may not restrain a dog outside and unattended
51	51	by use of a restraint that:
52	52	(1) is a chain;
53	53	(2) has weights attached;
54	54	(3) is attached to a collar or harness not properly
55	55	fitted; or
56	56	(4) causes pain or injury to the dog.
57	57	(c) A person commits an offense if the person knowingly
58	58	violates this section. The restraint of each dog that is in
59	59	violation is a separate offense.
60	60	(d) An offense under this section is a Class C misdemeanor,
61	61	except that the offense is a Class B misdemeanor if the person has
62	62	previously been convicted under this section.
63	63	(e) If conduct constituting an offense under this section
64	64	also constitutes an offense under any other law, the actor may be
65	65	prosecuted under this section, the other law, or both.
66	66	Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not
67	67	apply to:
68	68	(1) the use of a restraint on a dog in a public camping
69	69	or recreational area in compliance with the requirements of the
70	70	public camping or recreational area as defined by a federal, state,
71	71	or local authority or jurisdiction;
72	72	(2) the use of a restraint on a dog while the owner and
73	73	dog engage in, or actively train for, an activity conducted under a
74	74	valid license issued by this state provided the activity is
75	75	associated with the use or presence of a dog;
76	76	(3) the use of a restraint on a dog while the owner and
77	77	dog engage in conduct directly related to the business of
78	78	shepherding or herding cattle or livestock;
79	79	(4) the use of a restraint on a dog while the owner and
80	80	dog engage in conduct directly related to the business of
81	81	cultivating agricultural products;
82	82	(5) a dog left unattended in an open-air truck bed only
83	83	for the time necessary for the owner to complete a temporary task
84	84	that requires the dog to be left unattended in the truck bed;
85	85	(6) a dog taken by the owner, or another person with
86	86	the owner's permission, from the owner's residence or property and
87	87	restrained by the owner or the person for not longer than the time
88	88	necessary for the owner to engage in an activity that requires the
89	89	dog to be temporarily restrained; or
90	90	(7) a dog restrained while the owner and dog are
91	91	engaged in, or actively training for, hunting or field trialing.
92	92	(b) This subchapter does not prohibit a person from walking
93	93	a dog with a handheld leash.
94	94	Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
95	95	subchapter does not preempt a local regulation relating to the
96	96	restraint of a dog or affect the authority of a political
97	97	subdivision to adopt or enforce an ordinance or requirement
98	98	relating to the restraint of a dog if the regulation, ordinance, or
99	99	requirement:
100	100	(1) is compatible with and equal to or more stringent
101	101	than a requirement prescribed by this subchapter; or
102	102	(2) relates to an issue not specifically addressed by
103	103	this subchapter.
104	104	SECTION 2. Subchapter D, Chapter 821, Health and Safety
105	105	Code, is repealed.
106	106	SECTION 3. The change in law made by this Act applies only
107	107	to an offense committed on or after the effective date of this Act.
108	108	An offense committed before the effective date of this Act is
109	109	governed by the law in effect on the date the offense was committed,
110	110	and the former law is continued in effect for that purpose. For
111	111	purposes of this section, an offense was committed before the
112	112	effective date of this Act if any element of the offense occurred
113	113	before that date.
114	114	SECTION 4. This Act takes effect on the 91st day after the
115	115	last day of the legislative session.