BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 205

                                                                                                                             By: Aycock (Estes)

                                                                                                                Agriculture & Rural Affairs

                                                                                                                                            4/29/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, many municipalities across Texas have some variation of a "leash law" to control dogs.  Such ordinances require dogs to wear restraining devices when in the city limits.  The majority of the ordinances do not account for dogs that are used for agricultural purposes, such as protection of a property owner's livestock.

 

Dogs are a necessity for some livestock owners and in order for a dog to be of use to the livestock owner, the dog cannot be restrained at all times.

 

H.B. 205 amends current law relating to the applicability of certain city requirements affecting the restraint of certain dogs on annexed or otherwise acquired property used for agricultural operations.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 251.005, Agriculture Code, by adding Subsection (c-2), to provide that a governmental requirement of a city relating to the restraint of a dog that would apply to an agricultural operation under Subsection (c) (relating to the necessity to protect persons who reside in the immediate vicinity of the agricultural operation) does not apply to a dog used to protect livestock on property controlled by a property owner while the dog is being used on such property for that purpose.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.