79R3241 UM-F

By:  Goolsby                                                      H.B. No. 521



A BILL TO BE ENTITLED

AN ACT

relating to restraining dogs with certain chains or tethers; 
providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.09, Penal Code, is amended by 
amending Subsections (a) and (d) and by adding Subsection (j) to 
read as follows:
	(a)  A person commits an offense if the person intentionally 
or knowingly:   
		(1)  tortures an animal;                                                      
		(2)  fails unreasonably to provide necessary food, 
care, or shelter for an animal in the person's custody;
		(3)  abandons unreasonably an animal in the person's 
custody;               
		(4)  transports or confines an animal in a cruel 
manner;                    
		(5)  kills, seriously injures, or administers poison to 
an animal, other than cattle, horses, sheep, swine, or goats, 
belonging to another without legal authority or the owner's 
effective consent;
		(6)  causes one animal to fight with another;                                 
		(7)  uses a live animal as a lure in dog race training 
or in dog coursing on a racetrack;
		(8)  trips a horse;                                                           
		(9)  injures an animal, other than cattle, horses, 
sheep, swine, or goats, belonging to another without legal 
authority or the owner's effective consent; [or]
		(10)  seriously overworks an animal; or                                
		(11)  restrains a dog with a chain or tether attached to 
a tree, stake, or other stationary object for eight or more hours in 
a 24-hour period.
	(d)  An offense under Subsection (a)(2), (3), (4), (9), [or] 
(10), or (11) is a Class A misdemeanor, except that the offense is a 
state jail felony if the person has previously been convicted two 
times under this section.
	(j)  It is an exception to the application of Subsection 
(a)(11) that:
		(1)  the chain or tether is at least 10 feet in length;                
		(2)  the chain or tether is attached to a pulley or 
trolley-mounted cable no more than seven feet above ground level;
		(3)  the trolley cable is at least 25 feet in length; 
and            
		(4)  the restrained dog has access to adequate food, 
water, and shelter.
	SECTION 2.  This Act takes effect September 1, 2005.