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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful restraint of dogs; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 821, Health and Safety Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG |
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Sec. 821.076. DEFINITIONS. In this subchapter: |
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(1) "Collar" means any collar constructed of nylon, |
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leather, or similar material, specifically designed to be used for |
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a dog. |
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(2) "Officer" means a peace officer or animal control |
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officer. |
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(3) "Owner" means a person who owns or has custody or |
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control of a dog. |
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(4) "Properly fitted" means, with respect to a collar, |
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a collar that measures the circumference of a dog's neck plus at |
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least one inch. |
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(5) "Restraint" means a chain, rope, tether, leash, |
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cable, or other device that attaches a dog to a stationary object |
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or trolley system. |
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Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may |
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not leave a dog outside and unattended by use of a restraint that |
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unreasonably limits the dog's movement: |
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(1) between the hours of 10 p.m. and 6 a.m.; |
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(2) within 500 feet of the premises of a school; or |
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(3) in the case of extreme weather conditions, |
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including conditions in which: |
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(A) the actual or effective outdoor temperature |
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is below 32 degrees Fahrenheit; |
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(B) a heat advisory has been issued by a local or |
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state authority or jurisdiction; |
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(C) the Texas Commission on Environmental |
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Quality has forecast that ozone levels will reach or exceed a target |
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level for the jurisdiction or has issued another unhealthy or |
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hazardous air quality forecast or warning for the jurisdiction; |
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(D) a hurricane, tropical storm, or tornado watch |
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or warning has been issued for the jurisdiction by the National |
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Weather Service; or |
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(E) any combination of these factors. |
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(b) In this section, a restraint unreasonably limits a dog's |
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movement if the restraint: |
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(1) uses a collar that is pinch-type, prong-type, or |
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choke-type or that is not properly fitted to the dog; |
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(2) is a length shorter than the lesser of: |
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(A) five times the length of the dog, as measured |
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from the tip of the dog's nose to the base of the dog's tail; or |
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(B) 10 feet; |
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(3) is in an unsafe or unsanitary condition; or |
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(4) causes injury to the dog. |
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Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply |
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to: |
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(1) a dog restrained to a running line, pulley, or |
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trolley system and that is not restrained to the running line, |
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pulley, or trolley system by means of a pinch-type, prong-type, |
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choke-type, or improperly fitting collar; |
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(2) a dog restrained in compliance with the |
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requirements of a camping or recreational area as defined by a |
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federal, state, or local authority or jurisdiction; |
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(3) a dog restrained for a reasonable period, not to |
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exceed three hours in a 24-hour period, and no longer than is |
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necessary for the owner to complete a temporary task that requires |
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the dog to be restrained; |
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(4) a dog restrained while the owner is engaged in, or |
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actively training for, an activity that is conducted pursuant to a |
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valid license issued by this state if the activity for which the |
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license is issued is associated with the use or presence of a dog; |
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(5) a dog restrained while the owner is engaged in |
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conduct directly related to the business of shepherding or herding |
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cattle or livestock; |
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(6) a dog restrained while the owner is engaged in |
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conduct directly related to the business of cultivating |
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agricultural products, if the restraint is reasonably necessary for |
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the safety of the dog; or |
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(7) a dangerous dog, as defined under Subchapter D, |
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Chapter 822, restrained no longer than necessary to ensure the |
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immediate safety of people or other animals. |
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Sec. 821.079. PENALTY. (a) A person commits an offense if |
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the person knowingly violates this subchapter. |
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(b) A peace officer who has probable cause to believe that |
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an owner is violating this subchapter shall provide the owner with a |
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written statement of that fact. The statement must be signed by the |
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officer and plainly state the date on which and the time at which |
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the statement is provided to the owner. |
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(c) A person commits an offense if the person is provided a |
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statement described by Subsection (a) and fails to comply with this |
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subchapter within 24 hours of the time the owner is provided the |
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statement. An offense under this subsection is a Class C |
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misdemeanor. |
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(d) A person commits an offense if the person violates this |
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subchapter and previously has been convicted of an offense under |
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this subchapter. An offense under this subsection is a Class B |
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misdemeanor. |
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(e) If a person fails to comply with this subchapter with |
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respect to more than one dog, the person's conduct with respect to |
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each dog constitutes a separate offense. |
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(f) If conduct constituting an offense under this section |
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also constitutes an offense under Section 49.09, Penal Code, the |
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actor may be prosecuted under this section or Section 49.09, Penal |
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Code. |
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Sec. 821.080. HAND-HELD LEASHES. This subchapter does not |
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prohibit a person from walking a dog with a hand-held leash. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2007. |
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(b) An offense committed before September 1, 2007, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before September 1, 2007, if |
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any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |