Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB5 Compare Versions

Version 1 (Old)

Version 2 (New)

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