By: Lucio	S.B. No. 1090

	A BILL TO BE ENTITLED
	AN ACT
	relating to the unlawful restraint of a dog; creating an 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 clean and sturdy
	structure that:
	(A)  allows the dog protection from rain, hail,
	sleet, snow, and subfreezing temperatures; and
	(B)  is large enough to allow the dog to stand
	erect, sit, turn around, and lie down in a normal manner.
	(2)  "Collar" means any collar constructed of nylon,
	leather, or similar material, specifically designed to be used for
	a dog.
	(3)  "Harness" means any harness constructed of nylon,
	leather, or similar material, specifically designed to be used for
	a dog.
	(4)  "Owner" means a person who owns or has custody or
	control of a dog.
	(5)  "Properly fitted" means, with respect to a collar
	or harness used for a dog, a collar or harness that:
	(A)  is the appropriate size for the dog based on
	the dog's size and body weight;
	(B)  does not choke the dog or impede the dog's
	normal breathing or swallowing; and
	(C)  is attached to the dog in a manner that does
	not allow for escape and does not cause pain or injury to the dog.
	(6)  "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. (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;
	(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;
	(4)  is not attached to a properly fitted collar or
	harness; or
	(5)  causes pain or injury to the dog.
	Sec. 821.103.  EXCEPTIONS. (a)  Section 821.102 does not
	apply to:
	(1)  a dog restrained 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)  a dog restrained while the owner and dog are
	engaged in, or actively training for, an activity that is conducted
	pursuant to a valid license issued by this state if the activity for
	which the license is issued is associated with the use or presence
	of a dog;
	(3)  a dog restrained while the owner and dog are
	engaged in conduct directly related to the business of shepherding
	or herding cattle or livestock;
	(4)  a dog restrained while the owner and dog are
	engaged in conduct directly related to the business of cultivating
	agricultural products; or
	(5)  a dog left in an open-air truck bed for no longer
	than necessary for the owner to complete a temporary task that
	required the dog to be left in the truck bed.
	(b)  Section 821.102(b)(3) does not apply to a restraint that
	is attached to a trolley system that allows a dog to move along a
	running line for a distance that equals or exceeds 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.  OFFENSE; PENALTY.  (a)  A person commits an
	offense if the person knowingly violates this subchapter. The
	restraint of each dog with respect to which there is a violation is
	a separate offense.
	(b)  An offense under this subchapter is a Class C
	misdemeanor, except that the offense is a Class B misdemeanor if the
	person has previously been convicted under this subchapter.
	(c)  If conduct constituting an offense under this
	subchapter also constitutes an offense under any other law, the
	actor may be prosecuted under this section, the other law, or both.
	Sec. 821.105.  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 that is 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 September 1, 2017.