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New Animal Laws put into effect in 2023

We will begin sharing information from the Texas Humane Legislation Network (thln.org) regarding important changes in Texas animal laws enacted by the Legislature in 2023. Let’s look at some of the bills – and what impact those bills will have on Texas animals.

First up is House Bill 3660 - T-N-R is Not Abandonment. Confusion began in 2022 regarding T-N-R efforts over whether Trap-Neuter-Return (T-N-R) of unowned community cats should be considered “abandonment” under the Texas animal cruelty law (Texas Penal Code §42.092 - Cruelty to Non-livestock Animals). T-N-R is widely regarded as a humane method of stabilizing the feral cat population by humanely trapping them, transporting them to veterinary clinics for sterilization and vaccination, then tipping their ear as a sign they have been treated. T-N-R programs save thousands of Texas cats from euthanasia annually, and the prospect of prosecuting T-N-R providers for abandonment threatened to end successful programs across the state.

"HB 3660 updates Section 42.092(a) of the Texas Penal Code by defining a "Trap-Neuter-Return Program" as a means of nonlethal population control and adding a defense to prosecution for returning T-N-R cats to their outdoor homes. As a result, the law now clearly distinguishes between abandoning an owned companion animal versus releasing a T-N-R cat." The legislature is clear - 

T-N-R is not cat abandonment!

Next up, we will discuss the Safe Outdoor Dogs Act, which went into effect January 18, 2022, and what it means for an outdoor dog.

Under the new Texas law – Texas Health & Safety Code 821.101 – a pet owner “may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to adequate shelter, a sturdy structure that provides the dog protection from inclement weather (including rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures).

Unlawful restraint of a dog is a Class C misdemeanor, punishable by a $500 fine, unless the owner has a previous conviction in which case it is elevated to a Class B misdemeanor, punishable by up to $180 days in jail and a $2000 fine.

This new law updates:

**Requiring safe restraints. The Safe Outdoor Dogs Act strikes the use of chains. Other means of restraint, such as cable tie-outs, may be used so long as they are correctly attached to a collar or harness designed to restrain a dog.

**Defining adequate shelter to protect dogs from extreme temperatures, inclement weather, and standing water. Previously, there was no definition for shelter, thus tethered dogs routinely perished from exposure.

**Requiring access to drinkable water. Before the Safe Outdoor Dogs Act, state law did not include this vital requirement.

To Note: Officers can take immediate action for tethered dogs in distress from now on. There is no longer a warning and a 24 hour wait period.

(The Safe Outdoor Dogs Act does not apply to dogs who are:

Attached to a cable-tie out or trolley system.

Camping or using other public recreational areas.

Herding livestock or assisting with farming tasks.

Hunting or participating in field trials.

In an open-air truck bed while the owner completes a temporary task.)

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