87(R) SB 474 - Enrolled version - Bill Text

	S.B.  No.  474

	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)    "Adequate shelter" means a sturdy structure:
	(A)    that allows the dog protection from rain,
	hail, sleet, snow, and subfreezing temperatures; 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 constructed of nylon,
	leather, or similar 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)    "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, 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)    is attached around the dog in a manner that
	does not allow for escape and does not cause pain or injury to the
	dog.
	(6)    "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 any other substance that could cause harm to the health of a dog
	that is subjected to prolonged exposure to the substance, including
	feces or urine;
	(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;
	(4)    is not attached to a properly fitted collar or
	harness; or
	(5)    causes pain or injury to the dog.
	(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