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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; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 821, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG |
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Sec. 821.101. DEFINITIONS. In this subchapter: |
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(1) "Adequate shelter" means a sturdy structure: |
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(A) that provides the dog protection from rain, |
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hail, sleet, snow, and subfreezing temperatures; and |
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(B) with dimensions that allow the dog while in |
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the shelter to stand erect, sit, turn around, and lie down in a |
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normal position. |
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(2) "Collar" means a band constructed of nylon, |
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leather, or similar material, specifically designed to be placed |
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around the neck of a dog. |
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(3) "Harness" means a set of straps constructed of |
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nylon, leather, or similar material, specifically designed to |
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restrain or control a dog. |
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(4) "Owner" means a person who owns or has custody or |
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control of a dog. |
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(5) "Properly fitted" means, with respect to a collar |
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or harness, a collar or harness that: |
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(A) is appropriately sized for the dog based on |
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the dog's measurements and body weight; |
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(B) does not choke the dog or impede the dog's |
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normal breathing or swallowing; and |
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(C) is attached around the dog in a manner that |
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prevents the dog from escaping and does not cause pain or injury to |
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the dog. |
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(6) "Restraint" means a chain, rope, tether, leash, |
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cable, or other device that attaches a dog to a stationary object or |
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trolley system. |
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Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An |
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owner may not leave a dog outside and unattended by use of a |
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restraint unless the owner provides the dog access to: |
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(1) adequate shelter; |
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(2) an area that allows the dog to avoid standing water |
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and any other substance that could cause harm to the health of a dog |
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subjected to prolonged exposure to the substance, including feces |
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or urine; |
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(3) shade from direct sunlight; and |
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(4) potable water. |
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(b) An owner may not restrain a dog outside and unattended |
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by use of a restraint that: |
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(1) is a chain; |
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(2) has weights attached; |
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(3) is attached to a collar or harness not properly |
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fitted; or |
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(4) causes pain or injury to the dog. |
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(c) A person commits an offense if the person knowingly |
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violates this section. The restraint of each dog that is in |
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violation is a separate offense. |
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(d) An offense under this section is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if the person has |
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previously been convicted under this section. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under any other law, the actor may be |
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prosecuted under this section, the other law, or both. |
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Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not |
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apply to: |
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(1) the use of a restraint on a dog in a public camping |
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or recreational area in compliance with the requirements of the |
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public camping or recreational area as defined by a federal, state, |
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or local authority or jurisdiction; |
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(2) the use of a restraint on a dog while the owner and |
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dog engage in, or actively train for, an activity conducted under a |
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valid license issued by this state provided the activity is |
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associated with the use or presence of a dog; |
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(3) the use of a restraint on a dog while the owner and |
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dog engage in conduct directly related to the business of |
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shepherding or herding cattle or livestock; |
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(4) the use of a restraint on a dog while the owner and |
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dog engage in conduct directly related to the business of |
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cultivating agricultural products; |
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(5) a dog left unattended in an open-air truck bed only |
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for the time necessary for the owner to complete a temporary task |
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that requires the dog to be left unattended in the truck bed; |
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(6) a dog taken by the owner, or another person with |
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the owner's permission, from the owner's residence or property and |
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restrained by the owner or the person for not longer than the time |
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necessary for the owner to engage in an activity that requires the |
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dog to be temporarily restrained; or |
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(7) a dog restrained while the owner and dog are |
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engaged in, or actively training for, hunting or field trialing. |
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(b) This subchapter does not prohibit a person from walking |
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a dog with a handheld leash. |
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Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
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subchapter does not preempt a local regulation relating to the |
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restraint of a dog or affect the authority of a political |
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subdivision to adopt or enforce an ordinance or requirement |
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relating to the restraint of a dog if the regulation, ordinance, or |
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requirement: |
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(1) is compatible with and equal to or more stringent |
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than a requirement prescribed by this subchapter; or |
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(2) relates to an issue not specifically addressed by |
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this subchapter. |
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SECTION 2. Subchapter D, Chapter 821, Health and Safety |
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Code, is repealed. |
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SECTION 3. 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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governed by the law in effect on the date 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 was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |