|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a dog's restraint and shelter. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Subchapter D, Chapter 821, Health |
|
and Safety Code, is amended to read as follows: |
|
SUBCHAPTER D. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG |
|
SECTION 2. Section 821.076, Health and Safety Code, is |
|
amended by amending Subdivision (1) and adding Subdivision (1-a) to |
|
read as follows: |
|
(1) "Adequate shelter" means a sturdy structure that |
|
allows a dog protection from the rain, hail, sleet, snow, and |
|
subfreezing temperatures. |
|
(1-a) "Collar" means any collar constructed of nylon, |
|
leather, or similar material, specifically designed to be used for |
|
a dog. |
|
SECTION 3. The heading to Section 821.077, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 821.077. UNLAWFUL RESTRAINT OF AND SHELTER FOR DOG. |
|
SECTION 4. 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 and |
|
access to an adequate shelter[:
|
|
[(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]. |
|
SECTION 5. Section 821.079(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(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 section [subsection] is a Class C |
|
misdemeanor. |
|
SECTION 6. Sections 821.079(b) and (d), Health and Safety |
|
Code, are repealed. |
|
SECTION 7. 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 |
|
governed by the law as it existed on the date 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 the effective date of this Act if any element of the offense |
|
occurred before that date. |
|
SECTION 8. This Act takes effect September 1, 2019. |