Bill Text: TX HB17 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 17 (Prior Session Legislation)

Introduced

Bill Title: Relating to the unlawful restraint of a dog; creating a criminal offense.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2021-08-06 - Filed [HB17 Detail]

Download: Texas-2021-HB17-Introduced.html

	87S20045 KKR-D

	By: Jetton	H.B. No. 17



	A BILL TO BE ENTITLED
	AN ACT
	relating to the unlawful restraint of a dog; creating a criminal
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 821, Health and Safety Code, is amended
	by adding Subchapter E to read as follows:
	SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG
	Sec. 821.101. DEFINITIONS. In this subchapter:
	(1) "Owner" means a person who owns or has custody or
	control of a dog.
	(2) "Restraint" means a chain, rope, tether, leash,
	cable, or other device that attaches a dog to a stationary object or
	trolley system.
	Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An
	owner may not leave a dog outside and unattended by use of a
	restraint.
	(b) A person commits an offense if the person knowingly
	violates this section. The restraint of each dog that is in
	violation of this section is a separate offense.
	(c) An offense under this section is a Class C misdemeanor,
	except that the offense is a Class B misdemeanor if the person has
	previously been convicted under this section.
	(d) If conduct constituting an offense under this section
	also constitutes an offense under any other law, the actor may be
	prosecuted under this section, the other law, or both.
	Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not
	apply to:
	(1) the use of a restraint on a dog in a public camping
	or recreational area in compliance with the requirements of the
	public camping or recreational area as defined by a federal, state,
	or local authority or jurisdiction;
	(2) the use of a restraint on a dog while the owner and
	dog engage in, or actively train for, an activity conducted under a
	valid license issued by this state provided:
	(A) the activity is associated with the use or
	presence of a dog; and
	(B) the restraint is used only for the time
	necessary for the owner to complete the activity;
	(3) the use of a restraint on a dog while the owner and
	dog engage in conduct directly related to the business of
	shepherding or herding cattle or livestock provided the restraint
	is used only for the time necessary for the owner to complete the
	shepherding or herding;
	(4) a dog left unattended in an open-air truck bed only
	for the time necessary for the owner to complete a temporary task
	that requires the dog to be left unattended in the truck bed; or
	(5) a dog restrained while the owner and dog are
	engaged in, or actively training for, hunting or field trialing.
	(b) This subchapter does not prohibit a person from walking
	a dog with a handheld leash.
	Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This
	subchapter does not preempt a local regulation relating to the
	restraint of a dog or affect the authority of a political
	subdivision to adopt or enforce an ordinance or requirement
	relating to the restraint of a dog if the regulation, ordinance, or
	requirement relates to an issue not specifically addressed by this
	subchapter.
	SECTION 2. Subchapter D, Chapter 821, Health and Safety
	Code, is repealed.
	SECTION 3. 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 in effect 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 4. This Act takes effect January 1, 2022.