LEGISLATURE ENACTS IMPROVEMENTS IN ANIMAL CRUELTY LAWS

Contributed by Humane Society of Real County

The 2007 Texas Legislature passed legislation this session about the welfare and humane treatment of animals, in particular, domesticated dogs and cats, even those that appear to be homeless. These laws also apply to livestock, including horses. It should be noted that State laws apply in all jurisdictions, including the county.

The bills that were passed can be referenced in their entirety by accessing the Texas Humane Legislation Network website at www.thln.org.

Following are summaries of the new laws:

HB2328. This bill strengthens the animal cruelty statute that has been on the books for years. Specifically, it is meant to protect homeless dogs and feral cats from acts of cruelty. A few cases of extreme cruelty to homeless dogs and cats hit the news in the past couple of years, and this action addresses the problem. Torturing an animal just because it does not have an owner will land you in court.

This amendment also makes it a felony offense to “kill, administer poison to, or cause serious bodily injury to an animal without the owner’s consent.” There are defenses to this, but it is best not to just shoot a neighbor’s dog unless you can prove it was in the act of harming your livestock.

HB916. The penalty for dog fighting has been increased from a Class A misdemeanor to a state jail felony, and increases the penalty for attending a dog fight from a Class C misdemeanor to a Class A misdemeanor.

If anyone is aware of dog fighting within in the county, they should contact the Sheriff’s office. Although our Humane Society does not have any legal authority to address dog fighting issues, if necessary we can and will bring in animal cruelty investigators to deal with the problem if there is dependable information to act on.

HB1411. This bill is referred to as the Dog Anti-Tethering Bill. It prohibits an owner from using unsafe/dangerous collars or short tethers from 10:00 p.m. to 6:00 a.m. or during extreme weather conditions regardless of the time.

This new subchapter D to Chapter 821 of the Health and Safety Code does not say you cannot tether a dog, but it does go into detail as to conditions that must be met if you do.

The statute says: “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;” that is, temperature is below 32 degrees; a heat advisory is in effect; or a hurricane, tropical storm, or tornado warning has been issued by the National Weather Service.

The key word in the legislation is “unreasonably.” The statute defines what unreasonable is: (1) The restraint cannot be a pinch-type, prong-type, or choke-type collar, or one that is not properly fitted to the dog (the circumference of the dog’s neck plus one inch). (2) It must be of a proper length for the size of the dog. This means that the tether must be at least five times the length of the dog from the base of its tail to the tip of its nose, or 10 feet, whichever is greater. For example, if a large dog measures three feet, it would need a tether at least 15 feet long. Dogs measuring two feet or less need a minimum 10-foot tether.

The subchapter further states that a tethered dog (3) should not be in an unsafe condition; or (4) in any situation that causes injury to the dog.

To put it simply, if a dog is chained, it must have a properly fitting collar that is not a pinch-type, prong-type, or choke-type and the tether must be of a proper length. It must be able to move freely enough to get out of extreme heat or cold or severe weather conditions.

So please do not assume you can the Sheriff or the Humane Society about dogs left outside on chains between 10:00 p.m. and 6:00 a.m. The critical issue being addressed by this anti-tethering law is that dogs cannot simply be left to the elements with no reasonable access to cover because of the collar or the length of the tether. State law has been in effect for years that dogs must have adequate food and shelter. It only makes sense that they must be in a position to reach that shelter in extreme hot and cold weather. A tree does not qualify as shelter.

Some cities enact anti-tethering laws that prevent any dog being left on a chain as a way of life. That is a choice left to local governments to enact. If you feel such an ordinance is worthy of consideration in our area, you should contact your local representatives to express your opinion.

The Humane Society will send notices to addresses where suspected cruelty of any kind is suspected, with copies to the proper law enforcement office. If you know of a suspected case of cruelty, please call our message line at (830) 232-4333.

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Humane Society of Real County, P. O. Box 1759, Leakey, TX 78873, hsrc@hctc.net, (830) 232-4333.