Bill Text: TX HB399 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a dog's restraint and shelter.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Criminal Jurisprudence [HB399 Detail]
Download: Texas-2021-HB399-Introduced.html
By: Shaheen | H.B. No. 399 |
|
||
|
||
relating to a dog's restraint and shelter. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Mr. Wilson Act. | ||
SECTION 2. The heading to Subchapter D, Chapter 821, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER D. [ |
||
SECTION 3. 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: | ||
(A) allows the dog protection from the rain, | ||
hail, sleet, snow, and subfreezing temperatures; and | ||
(B) allows the dog while in the shelter to stand | ||
erect, sit, turn around, and lie down in a normal position. | ||
(1-a) "Collar" means any collar constructed of nylon, | ||
leather, or similar material, specifically designed to be used for | ||
a dog. | ||
SECTION 4. Section 821.077, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 821.077. [ |
||
(a) An owner may not leave a dog outside and unattended by use of a | ||
restraint that unreasonably limits the dog's movement[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
(b) In this section, a restraint unreasonably limits a dog's | ||
movement if the restraint: | ||
(1) is attached to [ |
||
prong-type, or choke-type or that is not properly fitted to the dog; | ||
(2) is a length shorter than the greater of: | ||
(A) five times the length of the dog, as measured | ||
from the tip of the dog's nose to the base of the dog's tail; or | ||
(B) 10 feet; or | ||
(3) is a chain [ |
||
[ |
||
(c) An owner may not leave a dog outside and unattended by | ||
use of a restraint unless the owner provides the dog access to | ||
adequate shelter. | ||
SECTION 5. 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 by the owner or another person for | ||
not longer than the time necessary for the owner to engage in an | ||
activity that requires the dog to be temporarily restrained | ||
[ |
||
(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; | ||
(4) a dog restrained while the owner and the dog are | ||
[ |
||
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; | ||
(5) a dog restrained while the owner and the dog are | ||
[ |
||
shepherding or herding cattle or livestock; [ |
||
(6) a dog restrained while the owner and the dog are | ||
[ |
||
cultivating agricultural products, if the restraint is reasonably | ||
necessary for the safety of the dog; | ||
(7) a dog restrained while the owner and dog are | ||
engaged in, or actively training for, hunting or field trialing; or | ||
(8) a dog left in an open-air truck bed for not longer | ||
than the time necessary for the owner to complete a temporary task | ||
that requires the dog to be left in the truck bed. | ||
SECTION 6. Section 821.079(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Except as otherwise provided by this section, an [ |
||
misdemeanor. | ||
SECTION 7. Section 821.079(b), Health and Safety Code, is | ||
repealed. | ||
SECTION 8. 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 9. This Act takes effect September 1, 2021. |