80R12214 RMB-D
  By: West, Goolsby, Bonnen, Menendez H.B. No. 1411
relating to the unlawful restraint of dogs; providing penalties.
       SECTION 1.  Chapter 821, Health and Safety Code, is amended
by adding Subchapter D to read as follows:
       Sec. 821.076.  DEFINITIONS. In this subchapter:
             (1)  "Collar" means any collar constructed of nylon,
leather, or similar material, specifically designed to be used for
a dog.
             (2)  "Owner" means a person who owns or has custody or
control of a dog.
             (3)  "Properly fitted" means, with respect to a collar,
a collar that measures the circumference of a dog's neck plus at
least one inch.
             (4)  "Restraint" means a chain, rope, tether, leash,
cable, or other device that attaches a dog to a stationary object
or trolley system.
       Sec. 821.077.  UNLAWFUL RESTRAINT OF DOG. (a) An owner may
not leave a dog outside and unattended by use of a restraint that
unreasonably limits the dog's movement:
             (1)  between the hours of 10 p.m. and 6 a.m.;
             (2)  within 500 feet of the premises of a school; or
             (3)  in the case of extreme weather conditions,
including conditions in which:
                   (A)  the actual or effective outdoor temperature
is below 32 degrees Fahrenheit;
                   (B)  a heat advisory has been issued by a local or
state authority or jurisdiction; or
                   (C)  a hurricane, tropical storm, or tornado
warning has been issued for the jurisdiction by the National
Weather Service.
       (b)  In this section, a restraint unreasonably limits a dog's
movement if the restraint:
             (1)  uses a collar that is pinch-type, prong-type, or
choke-type or that is not properly fitted to the dog;
             (2)  is a length shorter 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;
             (3)  is in an unsafe condition; or
             (4)  causes injury to the dog.
       Sec. 821.078.  EXCEPTIONS. Section 821.077 does not apply
             (1)  a dog restrained to a running line, pulley, or
trolley system and that is not restrained to the running line,
pulley, or trolley system by means of a pinch-type, prong-type,
choke-type, or improperly fitted collar;
             (2)  a dog restrained in compliance with the
requirements of a camping or recreational area as defined by a
federal, state, or local authority or jurisdiction;
             (3)  a dog restrained for a reasonable period, not to
exceed three hours in a 24-hour period, and no longer than is
necessary for the owner to complete a temporary task that requires
the dog to be restrained;
             (4)  a dog restrained while the owner is 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;
             (5)  a dog restrained while the owner is engaged in
conduct directly related to the business of shepherding or herding
cattle or livestock; or
             (6)  a dog restrained while the owner is engaged in
conduct directly related to the business of cultivating
agricultural products, if the restraint is reasonably necessary for
the safety of the dog.
       Sec. 821.079.  PENALTY. (a) A person commits an offense if
the person knowingly violates this subchapter.
       (b)  A peace officer or animal control officer who has
probable cause to believe that an owner is violating this
subchapter shall provide the owner with a written statement of that
fact. The statement must be signed by the officer and plainly state
the date on which and the time at which the statement is provided to
the owner.
       (c)  A person commits an offense if the person is provided a
statement described by Subsection (b) and fails to comply with this
subchapter within 24 hours of the time the owner is provided the
statement.  An offense under this subsection is a Class C
       (d)  A person commits an offense if the person violates this
subchapter and previously has been convicted of an offense under
this subchapter.  An offense under this subsection is a Class B
       (e)  If a person fails to comply with this subchapter with
respect to more than one dog, the person's conduct with respect to
each dog constitutes a separate offense.
       (f)  If conduct constituting an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
       Sec. 821.080.  DISPOSITION OF PENALTY.  Notwithstanding any
other law, the clerk of a court that collects a penalty under this
subchapter shall remit the penalty collected for deposit in the
general fund of the county.
       Sec. 821.081.  HAND-HELD LEASHES. This subchapter does not
prohibit a person from walking a dog with a hand-held leash.
       SECTION 2.  (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2007.
       (b)  An offense committed before September 1, 2007, is
covered by the law in effect when 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 September 1, 2007, if
any element of the offense was committed before that date.
       SECTION 3.  This Act takes effect September 1, 2007.