Anti-Tethering Law Explained by THLN President - Okay to Cross Post

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Thanks to Randy Turner, Texas Humane Legislation Network (www.thln.org), for the below explanation of the new Anti-Tethering law, effective September 1, 2007. MargaretRandy Turner <randy wrote: Sure Margaret. Go ahead and post what I have written below. *********** Section 821.077 of the Texas Health and Safety Code (the new “anti-tethering” law) is a poorly worded

statute and it provides very little meaningful protection to animals. It is most certainly not the version that THLN wanted. The only good thing that can be said about this law is that it is a beginning and it can be amended in future legislative sessions. There is a lot of confusion about this new law. It does not prohibit people from tethering their dogs from 10:00 p.m. to 6:00 a.m. or during extreme weather conditions. It only prohibits them from using certain types of restraints and collars during those times and weather conditions. Specifically, it prohibits people from using

choke/pinch collars, short restraints, “unsafe” restraints, or injurious restraints from 10:00 p.m. to 6:00 a.m. or during extreme weather conditions. In other words, you are allowed to keep your dog chained to a tree all night long or when it is 110 degrees outside or below freezing as long as the restraint is not a prohibited type and not too short. The three-hour exception in Section 821.078(3) says that even these meager restrictions don’t apply for up to three hours while the owner is doing a “temporary task that requires the dog to be restrained”. This means that you may use an unsafe or short restraint even during extreme weather conditions or between

10:00 and 6:00 in order to do some task as long as it doesn’t take longer than three hours. So, for example, you are allowed to chain your dog to a tree with a 2 foot chain and an unsafe choke collar that causes injury to your dog when it is minus 10 degrees outside while you are repairing the dog’s fence…as long as you don’t take longer than three hours. (Absurd, I know). Unfortunately the law does not put any limitations on how long you may chain up your dog. You may keep your dog tied to a tree 24/7 for his entire life as long as the restraint does not “unreasonably limit” his movement” (which, again, means choke/pinch collars, unsafe or injurious

collars, and restraints that are too short). It goes without saying that this law will be extremely difficult to enforce. I have copied the relevant sections of the statute below. Randy Randall E. Turner 1300 South University Dr., Suite 602 Fort Worth, Texas 76107 Tel.: 817-348-0925 Fax: 817-926-6697 www.RandallTurner.us 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. Randall E. Turner 1300 South University Dr., Suite 602 Fort Worth, Texas 76107 Tel.: 817-348-0925 Fax: 817-926-6697 www.RandallTurner.us

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