Bill Text: TX SB1090 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the unlawful restraint of a dog; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-24 - Point of order sustained [SB1090 Detail]
Download: Texas-2017-SB1090-Comm_Sub.html
85R30209 AJZ-F | ||
By: Lucio | S.B. No. 1090 | |
(Davis of Harris, Anderson of Dallas, Minjarez, Laubenberg, | ||
Farrar, et al.) |
|
||
|
||
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) "Adequate shelter" means a clean and sturdy | ||
structure that: | ||
(A) allows the dog protection from rain, hail, | ||
sleet, snow, and subfreezing temperatures; and | ||
(B) is large enough to allow the dog to stand | ||
erect, sit, turn around, and lie down in a normal manner. | ||
(2) "Collar" means any collar constructed of nylon, | ||
leather, or similar material, specifically designed to be used for | ||
a dog. | ||
(3) "Harness" means any harness constructed of nylon, | ||
leather, or similar material, specifically designed to be used for | ||
a dog. | ||
(4) "Owner" means a person who owns or has custody or | ||
control of a dog. | ||
(5) "Properly fitted" means, with respect to a collar | ||
or harness used for a dog, a collar or harness that: | ||
(A) is the appropriate size for the dog based on | ||
the dog's size and body weight; | ||
(B) does not choke the dog or impede the dog's | ||
normal breathing or swallowing; and | ||
(C) is attached to the dog in a manner that does | ||
not allow for escape and does not cause injury to the dog. | ||
(6) "Restraint" means a chain, rope, tether, leash, | ||
cable, or other device that attaches a dog to a stationary object, | ||
pulley, or trolley system. | ||
Sec. 821.102. UNLAWFUL RESTRAINT OF DOG. (a) An owner may | ||
not leave a dog outside and unattended by use of a restraint unless | ||
the owner provides the dog access to: | ||
(1) adequate shelter; | ||
(2) an area that allows the dog to avoid standing | ||
water; | ||
(3) shade from direct sunlight; and | ||
(4) water. | ||
(b) An owner may not restrain a dog outside and unattended | ||
by use of a restraint that: | ||
(1) is a chain; | ||
(2) has weights attached; | ||
(3) is shorter in length 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; | ||
(4) is not attached to a properly fitted collar or | ||
harness; or | ||
(5) causes injury to the dog. | ||
Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not | ||
apply to: | ||
(1) a dog restrained 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) a dog restrained while the owner and dog are | ||
engaged in, or actively training for, an activity that is 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; | ||
(3) a dog restrained while the owner and dog are | ||
engaged in conduct directly related to the business of shepherding | ||
or herding cattle or livestock; | ||
(4) a dog restrained while the owner and dog are | ||
engaged in conduct directly related to the business of cultivating | ||
agricultural products; | ||
(5) a dog left in an open-air truck bed for no longer | ||
than necessary for the owner to complete a temporary task that | ||
required the dog to be left in the truck bed; | ||
(6) a dog taken by the owner, or another person with | ||
the owner's permission, from the owner's residence or property and | ||
restrained by the owner or the person for not longer than the time | ||
necessary for the owner to engage in an activity that requires the | ||
dog to be temporarily restrained; or | ||
(7) a dog restrained while the owner and dog are | ||
engaged in, or actively training for, hunting or field trialing. | ||
(b) Section 821.102(b)(3) does not apply to a restraint that | ||
is attached to a pulley or trolley system that allows a dog to move | ||
along a running line for a distance that equals or exceeds the | ||
lengths specified under that subdivision. | ||
(c) This subchapter does not prohibit a person from walking | ||
a dog with a handheld leash. | ||
Sec. 821.104. OFFENSE; PENALTY. (a) A person commits an | ||
offense if the person knowingly violates this subchapter. The | ||
restraint of each dog with respect to which there is a violation is | ||
a separate offense. | ||
(b) An offense under this subchapter is a Class C | ||
misdemeanor. | ||
(c) If conduct constituting an offense under this | ||
subchapter also constitutes an offense under any other law, the | ||
actor may be prosecuted under this section, the other law, or both. | ||
Sec. 821.105. 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: | ||
(1) is compatible with and equal to or more stringent | ||
than a requirement prescribed by this subchapter; or | ||
(2) relates to an issue that is 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 September 1, 2017. |