Legislation

2007

A VERY GOOD YEAR FOR ANIMALS IN TEXAS 

At the start of the 2007 Texas legislative session there were some good bills and some bad bills.  As in past sessions, The Federation has been there sponsoring, helping to advance protective, progressive bills and defeating harmful bills in the interests of our animal community. Sadly, this year we were not able to advance the bill that would have included pets in protective orders in domestic violence situations.

On a more positive note, our lobbyist John Hubbard and TFHS board members worked with the Texas Humane Legislation Network who sponsored the amendments to the Animal Cruelty statute, HB2328.  This Animal Cruelty statute is now much stronger in terms of protecting animals than it was in the past.  Specifically, it protects homeless dogs and feral cats from acts of cruelty and also adds water in required care for an animal in a person’s custody.  This bill will take effect September 1, 2007.

HB916 increases the penalty for dog fighting from a Class A misdemeanor to a state jail felony and increases the punishment for people who attend dog fights.           

HB1141 prohibits an owner from tethering a dog outside between the hours of 10 pm to 6 am and also prohibits tethering for more than 3 hours. It also prohibits tethering outside during extreme weather conditions such as:

The outdoor temperature is below 32 degrees Fahrenheit;

A heat advisory has been issued by a local or state authority of jurisdiction

A hurricane, tropical storm or tornado watch or warning has been issued for the area by the National Weather Service OR any combination of these factors.

SB1562 provides for training and certification of animal control officers in counties of 75,000 or more.  Counties of under 75,000 can opt into the requirements. Also included in the bill was the provision to increase the penalty for killing or seriously injuring a police dog.  This is now a second degree felony.

HB88 relates to the evacuation and sheltering or service animals and household pets in a disaster under 418.043, of the Government code. It also states that the division should develop plans for the humane evacuation ,  transport, and temporary sheltering of service animals and household pets in a disaster.

Complete bills can be found at www.capitol.state.tx.us

AUSTIN ENACTS A NON-TETHERING ORDINANCE

    On June 7, 2007 the Austin City Council, voted 7-0 on a new law that requires that any outdoor enclosure used as the primary living area for a dog to have at least 150 square feet of space for each dog, age six months or older, and that leaving tethered or chained dogs outside alone will no longer be allowed. The law will become effective Oct. 1 and enforcement will start with Warnings.

    A fund has been established to assist low-income families. The fund to help low-income families already includes a $5,000 donation from the Town Lake Animal Center. Individuals, businesses and organizations also have pledged to donate $4,300. In addition, the Austin Community Foundation has set up an account to which people can make a donation. The ordinance will allow tethering dogs under certain conditions. For example, it's okay to use a chain or tether if someone is holding the chain or tether or if the dog's owner or handler stays with the dog while it's restrained. Chaining a dog is also allowed during veterinary treatment, grooming, training or law enforcement activities.

HB1141

AN ACT

relating to the unlawful restraint of dogs; providing penalties.

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

       SECTION 1.  Chapter 821, Health and Safety Code, is amended

by adding Subchapter D to read as follows:

SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG

       Sec. 821.076.  DEFINITIONS. In this subchapter:

             (1)  "Collar" means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.

             (2)  "Owner" means a person who owns or has custody or control of a dog.

               (3)  "Properly fitted" means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch.

               (4)  "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

         Sec. 821.077.  UNLAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement:

               (1)  between the hours of 10 p.m. and 6 a.m.;

               (2)  within 500 feet of the premises of a school; or

               (3)  in the case of extreme weather conditions,

  including conditions in which:

                     (A)  the actual or effective outdoor temperature is below 32 degrees Fahrenheit;

                     (B)  a heat advisory has been issued by a local or state authority or jurisdiction; or

                     (C)  a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(b)  In this section, a restraint unreasonably limits a dog's movement if the restraint:

               (1)  uses a collar that is pinch-type, 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;

               (3)  is in an unsafe condition; or

               (4)  causes injury to the dog.

Sec. 821.078.  EXCEPTIONS. Section 821.077 does not apply to:

               (1)  a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;

               (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 is 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; 

             (5)  a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or 

             (6)  a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

         Sec. 821.079.  PENALTY. (a) A person commits an offense if the person knowingly violates this subchapter.

         (b)  A peace officer or animal control officer who has probable cause to believe that an owner is violating this

subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

         (c)  A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement.  An offense under this subsection is a Class C misdemeanor.

         (d)  A person commits an offense if the person violates this subchapter and previously has been convicted of an offense underthis subchapter.  An offense under this subsection is a Class B misdemeanor.

         (e)  If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.

         (f)  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. 821.080.  DISPOSITION OF PENALTY.  Notwithstanding any other law, the clerk of a court that collects a penalty under this subchapter shall remit the penalty collected for deposit in the general fund of the county.

         Sec. 821.081.  HAND-HELD LEASHES. This subchapter does not prohibit a person from walking a dog with a hand-held leash.

         SECTION 2.  (a) The change in law made by this Act applies only to an offense committed on or after September 1, 2007. 

       (b)  An offense committed before September 1, 2007, is covered by the law in effect when 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 September 1, 2007, if any element of the offense was committed before that date.

         SECTION 3.  This Act takes effect September 1, 2007.