The Following State Laws Address Chaining

Health and Safety Code, Division 105, Part 6

Chapter 8. Dog Tethering

122335. (a) For purposes of this chapter, the following terms shall have the following definitions:
(1) "Animal control" means the municipal or county animal control agency or any other entity responsible for enforcing animal-related laws.
(2) "Agricultural operation" means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry.
(3) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
(4) "Reasonable period" means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control.
(b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.
(c) Notwithstanding subdivision (b), a person may do any of the following in accordance with Section 597t of the Penal Code:
(1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar.
(2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.
(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.
(4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this paragraph shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity.
(5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following:
(A) Conduct that is directly related to the business of shepherding or herding cattle or livestock.
(B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
(d) A person who violates this chapter is guilty of an infraction or a misdemeanor.
(1) An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respect to which a violation occurs.
(2) A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each dog with respect to which a violation occurs, or imprisonment in a county jail for not more than six months, or both.
(3) Notwithstanding subdivision (d), animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the individual.
(e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.

Chapter 435. Dogs and Other Companion Animals. Kennels and Pet Shops

Sec. 22-350a. Tethering and confining of dog for unreasonable period of time. Fine.

Any person who confines or tethers a dog for an unreasonable period of time shall be fined not more than one hundred dollars for the first offense, not less than one hundred dollars or more than two hundred fifty dollars for a second offense, and not less than two hundred fifty dollars or more than five hundred dollars for any subsequent offense.

80R12214 RMB-D
By: West, Goolsby, Bonnen, Menendez 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
(C) 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.

Title 3.1

Chapter 27.4

Section 796.66. Definitions.

"Adequate space" ... When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

Section 796.68. Care of animals by owner; penalty.
A. Each owner shall provide for each of his companion animals:
. . .
4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

Chapter 61-8-19. Cruelty to animals; penalties; exclusions.

(a) If any person … cruelly chains any animal …, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred nor more than two thousand dollars or confined in jail not more than six months, or both.

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