Dog owners who chain their dogs
 

Be aware and know the law
 
 
 
 

Texas House Bill 1411
  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 under
  this 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.