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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 821.077(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An owner may not leave a dog outside and unattended [by
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use of a restraint that unreasonably limits the dog's movement]: |
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(1) in an enclosure of less than 150 square feet for |
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each dog over six months of age [between the hours of 10 p.m. and 6
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a.m.]; |
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(2) [within 500 feet of the premises of a school; or
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[(3)] in the case of extreme weather conditions, |
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including conditions in which: |
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(A) the actual or effective outdoor temperature |
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is below 32 degrees Fahrenheit; |
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(B) a heat advisory has been issued by a local or |
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state authority or jurisdiction; or |
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(C) a hurricane, tropical storm, or tornado |
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warning has been issued for the jurisdiction by the National |
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Weather Service; or |
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(3) in a restraint. |
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SECTION 2. Section 821.078, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply |
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to: |
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(1) [a dog restrained to a running line, pulley, or
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trolley system and that is not restrained to the running line,
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pulley, or trolley system by means of a pinch-type, prong-type,
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choke-type, or improperly fitted collar;
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[(2)] a dog restrained in compliance with the |
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requirements of a camping or recreational area as defined by a |
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federal, state, or local authority or jurisdiction; |
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[(3)
a dog restrained for a reasonable period, not to
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exceed three hours in a 24-hour period, and no longer than is
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necessary for the owner to complete a temporary task that requires
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the dog to be restrained;] |
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(2) [(4)] a dog restrained while the owner is engaged |
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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) [(5)] a dog restrained while the owner is engaged |
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in conduct directly related to the business of shepherding or |
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herding cattle or livestock; or |
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(4) [(6)] a dog restrained while the owner is engaged |
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in conduct directly related to the business of cultivating |
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agricultural products, if the restraint is reasonably necessary for |
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the safety of the dog. |
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SECTION 3. Section 821.081, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.081. HAND-HELD LEASHES. This subchapter does not |
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prohibit a person from walking a dog with a hand-held leash if the |
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dog's owner or handler is physically present and in proximity to the |
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dog at all times so that the owner or handler may exercise immediate |
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physical control over the dog at any time. |
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SECTION 4. Sections 821.076(3) and 821.077(b), Health and |
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Safety Code, are repealed. |
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SECTION 5. 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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covered by the law in effect at the time 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 is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |