|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the unlawful restraint of a dog. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 821.077(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) An owner may not leave a dog outside and unattended [by
|
|
use of a restraint that unreasonably limits the dog's movement]: |
|
(1) in an enclosure of less than 150 square feet for |
|
each dog over six months of age [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; or |
|
(3) in a restraint. |
|
SECTION 2. Section 821.078, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply |
|
to: |
|
(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;] |
|
(2) [(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; |
|
(3) [(5)] a dog restrained while the owner is engaged |
|
in conduct directly related to the business of shepherding or |
|
herding cattle or livestock; or |
|
(4) [(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. |
|
SECTION 3. Section 821.081, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 821.081. HAND-HELD LEASHES. This subchapter does not |
|
prohibit a person from walking a dog with a hand-held leash if the |
|
dog's owner or handler is physically present and in proximity to the |
|
dog at all times so that the owner or handler may exercise immediate |
|
physical control over the dog at any time. |
|
SECTION 4. Sections 821.076(3) and 821.077(b), Health and |
|
Safety Code, are repealed. |
|
SECTION 5. 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 |
|
covered by the law in effect at the time the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense is committed before the |
|
effective date of this Act if any element of the offense occurs |
|
before that date. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |