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A BILL TO BE ENTITLED
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AN ACT
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relating to the care and unlawful restraint of a dog. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 821, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER D. DOG LEFT OUTSIDE AND UNATTENDED; UNLAWFUL RESTRAINT |
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[OF DOG] |
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SECTION 2. Section 821.076, Health and Safety Code, is |
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amended by adding Subdivision (1-a) and amending Subdivision (3) to |
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read as follows: |
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(1-a) "Harness" means any harness constructed of |
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nylon, leather, or similar material, specifically designed to be |
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used for a dog. |
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(3) "Properly fitted" means, with respect to a collar |
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or harness used for a dog, a collar or harness that: |
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(A) is the appropriate size for the dog; |
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(B) does not choke the dog or impede the dog's |
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normal breathing or swallowing; and |
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(C) is attached to the dog in a manner that does |
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not cause injury to the dog [measures the circumference of a dog's
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neck plus at least one inch]. |
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SECTION 3. Section 821.077, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.077. CARE OF DOG LEFT OUTSIDE AND UNATTENDED; |
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UNLAWFUL RESTRAINT [OF DOG]. (a) In this section, "adequate |
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shelter" means a clean, weatherproof structure that: |
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(1) allows the dog to remain dry in inclement weather |
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and preserve its body heat in subfreezing weather; and |
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(2) is large enough to allow the dog to stand erect, |
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sit, turn around, and lie down in a normal manner. |
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(b) An owner may not leave a dog outside and unattended |
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unless the owner provides the dog continuous access to: |
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(1) adequate shelter; |
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(2) shade from direct sunlight; and |
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(3) potable water [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; or
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[(C)
a hurricane, tropical storm, or tornado
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warning has been issued for the jurisdiction by the National
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Weather Service]. |
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(c) An owner may not restrain a dog outside and unattended |
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by use of a restraint that [(b)
In this section, a restraint
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unreasonably limits a dog's movement if the restraint]: |
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(1) is not attached to a properly fitted [uses a] |
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collar or harness [that is pinch-type, prong-type, or choke-type or
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that is not properly fitted to the dog]; |
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(2) is a length shorter than the greater 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) has weights attached or contains metal chain links |
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in a width that exceeds one-quarter of an inch [is in an unsafe
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condition]; or |
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(4) may cause the dog to become tangled in the |
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restraint [causes injury to the dog]. |
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SECTION 4. Section 821.078, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.078. EXCEPTIONS. (a) Section 821.077 does not |
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apply 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 fitted collar;
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[(2)] a dog restrained in a public camping or |
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recreational area in compliance with the requirements of the public |
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[a] camping or recreational area as defined by a federal, state, or |
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local authority or jurisdiction; |
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(2) [(3)
a dog restrained for a reasonable period,
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not to 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 and dog are [is] |
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engaged in, or actively training for, an activity that is conducted |
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pursuant to a valid license issued by this state if the activity for |
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which the license is issued is associated with the use or presence |
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of a dog; |
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(3) [(5)] a dog restrained while the owner and dog are |
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[is] engaged in conduct directly related to the business of |
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shepherding or herding cattle or livestock; or |
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(4) [(6)] a dog restrained while the owner and dog are |
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[is] engaged in conduct directly related to the business of |
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cultivating agricultural products, if the restraint is reasonably |
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necessary for the safety of the dog. |
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(b) Section 821.077(c)(2) does not apply to a restraint that |
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is attached to a trolley system and allows a dog to move along a |
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running line for a distance that exceeds the limitations specified |
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under that section. |
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SECTION 5. The heading to Section 821.079, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 821.079. CRIMINAL PENALTY. |
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SECTION 6. Sections 821.079(a), (c), and (f), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person commits an offense if the person [knowingly] |
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violates this subchapter. Each dog with respect to which there is a |
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violation and each day that a violation continues is a separate |
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offense. |
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(c) Except as provided by Subsection (d), an [A person
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commits an offense if the person is provided a statement described
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by Subsection (b) and fails to comply with this subchapter within 24
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hours of the time the owner is provided the statement.
An] offense |
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under this subchapter [subsection] is a Class C misdemeanor. |
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(f) If conduct constituting an offense under this |
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subchapter [section] also constitutes an offense under any other |
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law, the actor may be prosecuted under this section, the other law, |
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or both. |
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SECTION 7. Section 821.080, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any |
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other law, the clerk of a court that collects a penalty under this |
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subchapter shall remit the penalty collected for deposit in the |
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general fund of the municipality or county served by the court. |
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SECTION 8. Subchapter D, Chapter 821, Health and Safety |
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Code, is amended by adding Section 821.082 to read as follows: |
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Sec. 821.082. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This |
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subchapter does not affect the applicability of any other law, |
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rule, order, ordinance, or other legal requirement of this state or |
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a political subdivision of this state. |
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(b) This subchapter does not prevent a municipality or |
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county from prohibiting or further regulating by ordinance or order |
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the ownership, possession, restraint, confinement, or care of a |
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dog. |
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SECTION 9. Sections 821.079(b) and (e), Health and Safety |
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Code, are repealed. |
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SECTION 10. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law as it existed on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 11. This Act takes effect September 1, 2015. |