Bill Text: TX SB5 | 2021 | 87th Legislature 3rd Special Session | Enrolled
Bill Title: Relating to the unlawful restraint of a dog; creating a criminal offense.
Sponsorship: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2021-10-25 - Effective on . . . . . . . . . . . . . . . January 18, 2022 [SB5 Detail]
Download: Texas-2021-SB5-Enrolled.html
| S.B. No. 5 | ||
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| 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 sturdy structure: | ||
| (A) that provides the dog protection from | ||
| inclement weather; and | ||
| (B) with dimensions that allow the dog while in | ||
| the shelter to stand erect, sit, turn around, and lie down in a | ||
| normal position. | ||
| (2) "Collar" means a band of material specifically | ||
| designed to be placed around the neck of a dog. | ||
| (3) "Harness" means a set of straps constructed of | ||
| nylon, leather, or similar material, specifically designed to | ||
| restrain or control a dog. | ||
| (4) "Inclement weather" includes rain, hail, sleet, | ||
| snow, high winds, extreme low temperatures, or extreme high | ||
| temperatures. | ||
| (5) "Owner" means a person who owns or has custody or | ||
| control of a dog. | ||
| (6) "Properly fitted" means, with respect to a collar | ||
| or harness, a collar or harness that: | ||
| (A) is appropriately sized for the dog based on | ||
| the dog's measurements and body weight; | ||
| (B) does not choke the dog or impede the dog's | ||
| normal breathing or swallowing; and | ||
| (C) does not cause pain or injury to the dog. | ||
| (7) "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 unless the owner provides the dog access to: | ||
| (1) adequate shelter; | ||
| (2) an area that allows the dog to avoid standing water | ||
| and exposure to excessive animal waste; | ||
| (3) shade from direct sunlight; and | ||
| (4) potable 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; or | ||
| (4) is attached to a collar or harness not properly | ||
| fitted. | ||
| (c) A person commits an offense if the person knowingly | ||
| violates this section. The restraint of each dog that is in | ||
| violation is a separate offense. | ||
| (d) 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. | ||
| (e) 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 the activity is | ||
| associated with the use or presence of a dog; | ||
| (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; | ||
| (4) the use of a restraint on a dog while the owner and | ||
| dog engage in conduct directly related to the business of | ||
| cultivating agricultural products; | ||
| (5) a dog left unattended in an open-air truck bed only | ||
| for the time reasonably necessary for the owner to complete a | ||
| temporary task that requires the dog to be left unattended 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 | ||
| attached to a trolley system that allows a dog to move along a | ||
| running line for a distance equal to or greater than 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. 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 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 on the 91st day after the | ||
| last day of the legislative session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 5 passed the Senate on | ||
| September 22, 2021, by the following vote: Yeas 28, Nays 3; | ||
| October 18, 2021, Senate refused to concur in House amendment and | ||
| requested appointment of Conference Committee; October 18, 2021, | ||
| House granted request of the Senate; October 18, 2021, Senate | ||
| adopted Conference Committee Report by the following | ||
| vote: Yeas 28, Nays 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 5 passed the House, with | ||
| amendment, on October 17, 2021, by the following vote: Yeas 106, | ||
| Nays 22, two present not voting; October 18, 2021, House granted | ||
| request of the Senate for appointment of Conference Committee; | ||
| October 18, 2021, House adopted Conference Committee Report by the | ||
| following vote: Yeas 91, Nays 19, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
