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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 a dog; creating an offense. |
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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 E to read as follows: |
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SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG |
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Sec. 821.101. DEFINITIONS. In this subchapter: |
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(1) "Adequate shelter" means a clean and sturdy |
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structure that: |
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(A) allows the dog protection from rain, hail, |
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sleet, snow, and subfreezing temperatures; and |
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(B) is large enough to allow the dog to stand |
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erect, sit, turn around, and lie down in a normal manner. |
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(2) "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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(3) "Harness" means any harness 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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(4) "Owner" means a person who owns or has custody or |
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control of a dog. |
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(5) "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 based on |
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the dog's size and body weight; |
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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 allow for escape and does not cause pain or injury to the dog. |
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(6) "Restraint" means a chain, rope, tether, leash, |
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cable, or other device that attaches a dog to a stationary object or |
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trolley system. |
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Sec. 821.102. UNLAWFUL RESTRAINT OF DOG. (a) An owner may |
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not leave a dog outside and unattended by use of a restraint unless |
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the owner provides the dog access to: |
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(1) adequate shelter; |
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(2) an area that allows the dog to avoid standing |
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water; |
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(3) shade from direct sunlight; and |
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(4) potable water. |
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(b) An owner may not restrain a dog outside and unattended |
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by use of a restraint that: |
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(1) is a chain; |
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(2) has weights attached; |
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(3) is shorter in length 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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(4) is not attached to a properly fitted collar or |
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harness; or |
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(5) causes pain or injury to the dog. |
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Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not |
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apply to: |
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(1) 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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camping or recreational area as defined by a federal, state, or |
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local authority or jurisdiction; |
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(2) a dog restrained while the owner and dog are |
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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) a dog restrained while the owner and dog are |
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engaged in conduct directly related to the business of shepherding |
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or herding cattle or livestock; |
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(4) a dog restrained while the owner and dog are |
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engaged in conduct directly related to the business of cultivating |
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agricultural products; or |
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(5) a dog left in an open-air truck bed for no longer |
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than necessary for the owner to complete a temporary task that |
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required the dog to be left in the truck bed. |
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(b) Section 821.102(b)(3) does not apply to a restraint that |
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is attached to a trolley system that allows a dog to move along a |
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running line for a distance that equals or exceeds the lengths |
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specified under that subdivision. |
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(c) This subchapter does not prohibit a person from walking |
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a dog with a handheld leash. |
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Sec. 821.104. OFFENSE; PENALTY. (a) A person commits an |
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offense if the person knowingly violates this subchapter. The |
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restraint of each dog with respect to which there is a violation is |
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a separate offense. |
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(b) An offense under this subchapter is a Class C |
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misdemeanor, except that the offense is a Class B misdemeanor if the |
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person has previously been convicted under this subchapter. |
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(c) If conduct constituting an offense under this |
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subchapter also constitutes an offense under any other law, the |
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actor may be prosecuted under this section, the other law, or both. |
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Sec. 821.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
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subchapter does not preempt a local regulation relating to the |
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restraint of a dog or affect the authority of a political |
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subdivision to adopt or enforce an ordinance or requirement |
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relating to the restraint of a dog if the regulation, ordinance, or |
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requirement: |
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(1) is compatible with and equal to or more stringent |
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than a requirement prescribed by this subchapter; or |
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(2) relates to an issue that is not specifically |
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addressed by this subchapter. |
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SECTION 2. Subchapter D, Chapter 821, Health and Safety |
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Code, is repealed. |
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SECTION 3. 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 in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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* * * * * |