(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. Sec. (3) order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so. (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 821.077 sets out to address owners who attempt to restrain their dog by chain or rope: UNLAWFUL RESTRAINT OF DOG. 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. 1, eff. September 1, 2017. The knowledge and acts of an agent or employee of a corporation in regard to an animal transported, owned, or used by or in the custody of the corporation are the knowledge and acts of the corporation. (e-1) After a court finds that an animal's owner has cruelly treated the animal, the court shall determine the estimated costs likely to be incurred by a municipal or county animal shelter or a nonprofit animal welfare organization to house and care for the impounded animal during the appeal process. Sec. Violating these laws is a misdemeanor criminal offense. 1, eff. (a) A person commits an offense if the person knowingly violates this subchapter. Acts 2015, 84th Leg., R.S., Ch. 5, eff. Sec. 821.003. Sec. Sept. 1, 2003. 360), Sec. 963), Sec. (a) A person commits an offense if the person knowingly violates this subchapter. CONFLICT OF LAWS. 1043, Sec. 360), Sec. I’ve paid 65-90% of the bills for them. 10, eff. (a) If a peace officer or an officer who has responsibility for animal control in a county or municipality has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate in the county or to a municipal court in the municipality in which the animal is located for a warrant to seize the animal. Q: How does equity law with dogs work in Texas and how can someone prove it to get ownership of dogs in a civil suite? 821.004. (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. (2) may administer the commercially compressed carbon monoxide only in accordance with the requirements and procedures established by department rule. (b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the order is issued, the owner must file a notice of appeal and a cash bond or surety bond in an amount set by the court under Section 821.023(e-2). HEARING; ORDER OF DISPOSITION OR RETURN OF ANIMAL. (b) On a showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within 10 calendar days of the date of issuance for a hearing in the appropriate justice court or municipal court to determine whether the animal has been cruelly treated. Please visit the state’s DOT website links for Chain Laws that are in effect as well as weather related driving conditions/warnings. (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. 576 (S.B. 821.078. (d) Notwithstanding Subsection (a), an employee of an animal shelter is not required to have successfully completed the training course before the 120th day following the date of initial employment. (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. No person owning or keeping a dog shall chain or tether a dog for longer than 5 hours in a 24-hour period and outside from 10:00 p.m. to 6:00 a.m., unless the tethering is for not more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. (Health & Safety Code, Chapters 821-829) animal laws. (C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (2) “Owner” means a person who owns or has custody or control of a dog. Animal Tethering Laws The Texas Legislature passed a law in 2007 about how and when pets can be restrained using chains, tethers, or other tie-outs. (4) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. April 2, 2015. A bill banning chain leashes for dogs has passed the Texas Senate. Health and Safety of Animals, Chapter 821. 678, Sec. Sec. Sec. Texas Dog Chaining Law 678, Sec. (b) If an animal impounded under Subsection (a) continues to be without necessary food and water for more than 12 successive hours, any person may enter the pound or corral as often as necessary to supply the animal with necessary food and water. (b) A person administering commercially compressed carbon monoxide to euthanize an animal to which Section 821.052(b) applies: (1) may use only a carbon monoxide chamber that meets the standards established by department rule; and. 1043, Sec. 2, eff. Acts 1989, 71st Leg., ch. KNOWLEDGE OR ACTS OF CORPORATE AGENT OR EMPLOYEE. September 1, 2017. 387, Sec. (c) Not later than the fifth calendar day after the date the notice of appeal and bond is filed, the court from which the appeal is taken shall deliver a copy of the clerk's record to the clerk of the county court or county court at law to which the appeal is made. 1278 (H.B. April 2, 2015. CHAPTER 821. Acts 2011, 82nd Leg., R.S., Ch. Definitions. Each state has different laws, so it is important to know where you are allowed to use chains on your vehicle, especially if you travel through many … 739 (S.B. An offense under this subsection is a Class C misdemeanor. (a) A person who impounds or causes the impoundment of an animal under state law or municipal ordinance shall supply the animal with sufficient wholesome food and water during its confinement. Sorry, your blog cannot share posts by email. Added by Acts 2007, 80th Leg., R.S., Ch. The law requires all dogs to be restrained by a leash, chain, or fenced area. 8, eff. A court of competent jurisdiction, on the petition of any person, may prohibit by injunction the substantial violation of this subchapter or a rule adopted under this subchapter. 4, eff. (a) This section applies to a person who receives live birds for transportation or for confinement: (2) by a person who owns a grocery store, commission house, or other market house; or. Sept. 1, 1989. Scoop the poop. 821.026. EXCEPTIONS. REQUIREMENTS FOR USE OF COMMERCIALLY COMPRESSED CARBON MONOXIDE. September 1, 2009. 821.056. 821.022. 963), Sec. (2) the amount of the estimated costs determined under Subsection (e-1). Added by Acts 2003, 78th Leg., ch. (h) While an appeal under this section is pending, the animal may not be: (1) sold or given away as provided by Sections 821.023 and 821.024; or. In Texas, two types of laws protect animals from cruelty: civil laws and criminal laws. 2, eff. 1, eff. (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. 360), Sec. DEFINITIONS. 3.1593, eff. Recommendations. 1232), Sec. This subchapter does not prohibit a person from walking a dog with a hand-held leash. Please note that San Antonio Chapter 5 Animal Code (revised October 5, 2017) forbids the use of all chains as a means for restraining a pet. 821.077. (7) the proper disposal of a euthanized animal. SUBCHAPTER B. (4) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. (f) The court may order that an animal disposed of under Subsection (d)(1) or (d)(2) be spayed or neutered at the cost of the receiving party. Sept. 1, 1989. In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and/or order them to pay restitution. The rules were adopted at both the state and city level to protect both … (c) This section does not apply to a person licensed to practice veterinary medicine in this state. 334 (H.B. 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. <– See link. HB 940, entitled the "Adequate Shelter Bill," would require dog owners to provide shelter, shade and water to their dogs if … 1, Sec. (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. ©2020 The Cannoli Fund, a 501(c)(3) nonprofit organization. 821.076. Link to Chapter 802. Cleaning up after your pets reduces odors, insects, transmission of diseases and keeps stormwater drains and local water systems free of pollutants. September 1, 2017. 412 Houston Texas 77024-1924. call: 713-222-7600 (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s … September 1, 2007. (a) Except as provided in subsection (b), a person may not restrain a dog with a chain or tether unless the person is holding the chain or tether. Acts 1989, 71st Leg., ch. In the event of a conflict between this subchapter and another provision of any other law relating to an appeal of a disposition regarding a cruelly treated animal, including the bond required for that appeal, this subchapter controls. *Texas Dog Chaining Law here* ARTICLE I. In this subchapter, "animal" includes every living nonhuman creature. 821.081. (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. In this subchapter: (1) “Collar” means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. 8, eff. 3, eff. Texas Laws on Service Dogs and Emotional Support Animals This article from Nolo, a legal publisher, describes protections for those using service animals under Texas law. (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. (9) Dogs must be contained on personal property either by fencing or by a chain. Zandra Anderson 7941 Katy Freeway, No. 821.0211. 1, eff. Sept. 1, 2003. 219), Sec. 890), Sec. Animal Services aims to help residents with complaints related to animal issues. Sec. Sec. METHODS OF EUTHANASIA. DEFINITIONS. Post was not sent - check your email addresses! September 1, 2011. An offense under this subsection is a Class B misdemeanor. 1, eff. My ex girlfriend is suing me for my dogs. 11(a), eff. – IN GENERAL Sec. 23 (S.B. 219), Sec. (e) The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead birds from the coops, crates, or cages. (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. (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. The officer conducting the auction shall pay any excess proceeds to the justice or municipal court ordering the auction. (3) by any other person if the birds are to be closely confined. September 1, 2017. 739 (S.B. 821.023. (b) The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least three sides and that are of a height so that the birds can stand upright without touching the top. 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. 219), Sec. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. 3.1596, eff. 6, eff. Fort Worth is the latest to join this growing movement to protect dogs as well as people by banning tethering or chaining of dogs. Sept. 1, 2003. (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. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. (c) The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages. The chart below provides a helpful, plain language summary of statutes that comprise Texas' dog bite laws, with links to important code sections. 387, Sec. (e-3) A court may not require a person to provide a bond in an amount greater than or in addition to the amount determined by the court under Subsection (e-2) to perfect an appeal under Section 821.025. DEFINITIONS. 739 (S.B. 4200 Smith School Road, Austin, TX 78744 (512) 389-4800 | (800) 792-1112 | TTY: (512) 389-8915 Operation Game Thief: (800) 792-GAME (g) The court shall order the animal returned to the owner if the court does not find that the animal's owner has cruelly treated the animal. OFFENSE AND PENALTY. Amended by Acts 1991, 72nd Leg., ch. C. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes). 1043, Sec. 1 (S.B. (d) If the court finds that the animal's owner has cruelly treated the animal, the owner shall be divested of ownership of the animal, and the court shall: (1) order a public sale of the animal by auction; (2) order the animal given to a municipal or county animal shelter or a nonprofit animal welfare organization; or. The dog days are over for a Houston family who successfully affirmed their ownership rights over a German Shepherd after a three-year legal battle that ended up at the Texas Supreme Court. 821.025. Sec. (a) The executive commissioner by rule shall establish: (1) standards for a carbon monoxide chamber used to euthanize an animal to which Section 821.052(b) applies; and. A party to the appeal is entitled to a jury trial on request. UNLAWFUL RESTRAINT OF DOG. 821.053. 762), Sec. (g) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section. No residence is allowed more than four dogs and four cats over the age of 3 months. (e-2) After making the determination under Subsection (e-1), the court at the time of entering the judgment shall set the amount of bond for an appeal equal to the sum of: (1) the amount of the court costs ordered under Subsection (e); and. Treatment and Disposition of Animals, Subchapter D. Unlawful Restraint of … Under current law, anyone can chain their dog, but they have to follow certain guidelines. 821.057. (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. (2) requirements and procedures for administering commercially compressed carbon monoxide to euthanize an animal to which Section 821.052(b) applies. 7, eff. Chapter 821, Subchapter D, of the Texas Health & Safety Code Subchapter D, "Unlawful Restraint of Dog," places restrictions on the unattended use of a restraint on a dog while outside. (f) Notwithstanding Section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal. 1278 (H.B. Emotions sometimes cause complications. (7) Chaining or tethering of dogs is p rohibited unless the owner remains in visual proximity of the animal at all times. Aug. 26, 1991; Acts 1995, 74th Leg., ch. The Texas Health and Safety Code regarding the unlawful restraint of dogs. (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. September 1, 2011. 1 I got from my boss when she was living in another state. 3.1595, eff. (2) destroyed, except under circumstances which would require the humane destruction of the animal to prevent undue pain to or suffering of the animal. 157, Sec. Acts 2013, 83rd Leg., R.S., Ch. Spay / neuter. (a) A person may euthanize a dog or cat in the custody of an animal shelter only by administering sodium pentobarbital. 1 (S.B. 886 (H.B. (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. Sec. (d) Not later than the 10th calendar day after the date the county court or county court at law, as appropriate, receives a copy of the clerk's record, the court shall consider the matter de novo and dispose of the appeal. 821.079. 739 (S.B. TRAINING FOR EUTHANASIA TECHNICIANS. Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws. (a) Notice of an auction ordered under this subchapter must be posted on a public bulletin board where other public notices are posted for the county or municipality. (b) A person may administer sodium pentobarbital to euthanize an animal in the custody of an animal shelter only in accordance with the requirements and procedures established by department rule. SALE OR DISPOSITION OF CRUELLY TREATED ANIMAL. 1232), Sec. (e) The decision of the county court or county court at law under this section is final and may not be further appealed. (3) Repealed by Acts 2015, 84th Leg., R.S., Ch. Acts 1989, 71st Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. HAND-HELD LEASHES. Amended by Acts 1991, 72nd Leg., ch. E-Books and Databases Available from the State Law Library Sec. (b) A person may euthanize all other animals in the custody of an animal shelter, including birds and reptiles, only in accordance with the applicable methods, recommendations, and procedures set forth in the edition of the American Veterinary Medical Association Guidelines for the Euthanasia of Animals that is approved by the executive commissioner. In this subchapter, "magistrate" means any officer as defined in Article 2.09, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or associate judges of statutory probate courts, or judges or associate judges of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code. 678, Sec. (2) "Owner" means a person who owns or has custody or control of a dog. PENALTY. 674 (H.B. 821.078. View dog park rules . Texas Dog Bite Laws: The Basics This article focuses on civil liability for dog bites , but a discussion of criminal penalties has been provided. (a) No person owning or keeping a dog shall chain or tether a dog for longer than 5 hours in a 24-hour period and outside from 10:00 p.m. to 6:00 a.m., unless the tethering is for not more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. 963), Sec. Sec. 5-2. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. With victory in the Texas Senate, animal rights advocates are now doing what they can to encourage House members to also vote in favor of the bill relating to the unlawful restraint of dogs. 2328), Sec. Sec. Bastrop, Texas. Sec. 1, eff. (3) "Owner" includes a person who owns or has custody or control of an animal. 1 (S.B. May 10, 2013. 5-1. 219), Sec. This guide clears up the confusion Sec. (b) It is a defense to prosecution under Section 822.005(a) that the person is an employee of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes and is training or using the dog in connection with the person's official capacity. Sept. 1, 2003. 219), Sec. Tire Chain Laws by State Click on a state below to view the laws and regulations regarding usage of traction devices. ADDITIONAL DEFINITION. 2.06.008 – Restraint requirements for dogs on private property. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. 1232), Sec. In this subchapter: (1) "Animal" has the meaning assigned by Section 821.001. 821.001. September 1, 2011. 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. The punishments that accompany convictions for theft of dogs, 78th Leg., R.S., Ch after... 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