Support Anti-Chaining Bill - Cross-Post Widely, Please

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Please phone your state representative and senator and ask her/him to vote for C.S.H.B. 1411, which is an anti-chaining bill. This bill would make it illegal to chain a dog with no relief from being constantly teethered or in extreme weather. Unrelieved chaining makes dogs mentally unstable and causes unhealthy, unsafe behaviors to develop. Constant chaining is extremely cruel to the dog and unsafe for the people who live near the dog.

 

The Texas Legislature is in session now and several important pieces of anti-cruelty legislation are up for a vote. We won't get a chance to enact anti-cruelty laws again for at least two or more years, so phoning now is important. To find your representative's contact information for the house and senate, go to:

 

http://www.fyi.legis.state.tx.us/

 

Thank you. Margaret

 

-----Forwarded Message----- Randy Turner Apr 17, 2007 7:35 PM 'Margaret Morin' RE: Is there an anti-teetering bill we should be supporting?

 

 

 

Margaret:

 

THLN strongly supports this bill. I can't recall whether or not we sent an action alert. At the request of the bill's sponsor, Rep. Buddy West, I faxed a letter of support to all of the members of the County Affairs Committee. The bill was voted favorably out of that committee by a vote of 6 to 0. It was sent to the Calendars Committee on April 5. Hopefully they will let the bill be voted upon by the House. Everyone needs to call and fax their representative asking them to support this bill.

 

A committee substitute was added to the bill. The bill is not perfect but it is better than nothing. Here is the text of the bill:

 

 

 

 

 

80R12214 RMB-D

 

 

 

 

 

 

 

 

 

By: West, Goolsby

 

H.B. No. 1411

 

 

 

 

 

 

 

Substitute the following for H.B. No. 1411:

 

 

 

 

 

 

 

 

 

By: Smith of Harris

 

C.S.H.B. No. 1411

 

 

 

 

 

 

 

 

 

 

A BILL TO BE ENTITLED

 

 

 

 

 

 

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

 

 

 

 

© 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.

 

 

 

 

© 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.

 

 

 

 

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.

 

 

 

Randall E. Turner

1300 South University Dr., Suite 602

Fort Worth, Texas 76107

Tel.: 817-348-0925

Fax: 817-926-6697

www.RandallTurner.us

 

"Think occasionally of the suffering of which you spare yourself the sight." ~Albert Schweitzer