By: Sheets	H.B. No. 2562

	A BILL TO BE ENTITLED
	AN ACT
	relating to the care and unlawful restraint of a dog; creating an
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter D, Chapter 821, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER D. DOG LEFT OUTSIDE AND UNATTENDED; UNLAWFUL RESTRAINT
	[OF DOG]
	SECTION 2.  Section 821.076, Health and Safety Code, is
	amended by adding Subdivision (1-a) and amending Subdivision (3) to
	read as follows:
	(1-a)  "Harness" means any harness constructed of
	nylon, leather, or similar material, specifically designed to be
	used for a dog.
	(3)  "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;
	(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 cause injury to the dog [measures the circumference of a dog's
	neck plus at least one inch].
	SECTION 3.  Section 821.077, Health and Safety Code, is
	amended to read as follows:
	Sec. 821.077.  CARE OF DOG LEFT OUTSIDE AND UNATTENDED;
	UNLAWFUL RESTRAINT [OF DOG].  (a)  In this section, "adequate
	shelter" means a building or structure that:
	(1)  has a weatherproof roof, floor and sides that
	protect the dog from wet and subfreezing weather;
	(2)  has an entrance on only one side;
	(3)  is of a size that allows the dog to stand erect,
	sit, turn around, and lie down in a comfortable and normal position;
	(4)  is maintained in good repair;
	(5)  has sufficient dry bedding material or other
	protection that allows the dog to maintain its body heat in
	temperatures below 32 degrees Fahrenheit;
	(6)  provides the dog with easy entrance and exit
	access; and
	(7)  is not a metal or plastic barrel or similar
	container.
	(b)  An owner may not leave a dog outside and unattended
	unless the owner provides the dog continuous access to:
	(1)  adequate shelter;
	(2)  shade from direct sunlight; and
	(3)  potable water [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].
	(c)  An owner may not restrain a dog outside and unattended
	by use of a restraint that [(b) In this section, a restraint
	unreasonably limits a dog's movement if the restraint]:
	(1)  is not attached to a properly fitted [uses a]
	collar or harness [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] does not have a
	swivel on both ends;
	(4)[causes injury to the dog] may cause the dog to
	become entangled in the restraint; or
	(5)  has weights attached or contains metal chain links
	in a width that exceeds one-quarter of an inch.
	SECTION 4.  Section 821.078, Health and Safety Code, is
	amended to read as follows:
	Sec. 821.078.  EXCEPTIONS.  (a) 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 a public camping or
	recreational area in compliance with the requirements of the public
	[a] camping or recreational area as defined by a federal, state, or
	local authority or jurisdiction;
	(2) [(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 and dog are [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;
	(3) [(5)]  a dog restrained while the owner and dog are
	[is] engaged in conduct directly related to the business of
	shepherding or herding cattle or livestock; or
	(4) [(6)]  a dog restrained while the owner and dog are
	[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.
	(b)  Section 821.077(c)(2) does not apply to a restraint that
	is attached to a trolley system and allows a dog to move along a
	running line for a distance that exceeds the limitations specified
	under that section.
	SECTION 5.  The heading to Section 821.079, Health and
	Safety Code, is amended to read as follows:
	Sec. 821.079.  CRIMINAL PENALTY.
	SECTION 6.  Sections 821.079(a), (c), and (f), Health and
	Safety Code, are amended to read as follows:
	(a)  A person commits an offense if the person [knowingly]
	violates this subchapter. Each dog with respect to which there is a
	violation and each day that a violation continues is a separate
	offense.
	(c)  Except as provided by Subsection (d), an offense under
	this subchapter [subsection] is a Class C misdemeanor.
	(f)  If conduct constituting an offense under this
	subchapter [section] also constitutes an offense under any other
	law, the actor may be prosecuted under this section, the other law,
	or both.
	SECTION 7.  Section 821.080, Health and Safety Code, is
	amended to read as follows:
	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 municipality or county served by the court.
	SECTION 8.  Subchapter D, Chapter 821, Health and Safety
	Code, is amended by adding Section 821.082 to read as follows:
	Sec. 821.082.  EFFECT OF SUBCHAPTER ON OTHER LAW. (a)  This
	subchapter does not affect the applicability of any other law,
	rule, order, ordinance, or other legal requirement of this state or
	a political subdivision of this state.
	(b)  This subchapter does not prevent a municipality or
	county from prohibiting or further regulating by ordinance or order
	the ownership, possession, restraint, confinement, or care of a
	dog.
	SECTION 9.  Sections 821.079(b) and (e), Health and Safety
	Code, are repealed.
	SECTION 10.  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 as it existed 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 11.  This Act takes effect September 1, 2015.