Unlawful Restraint of a Dog in Texas

Sadly it is not uncommon for someone to witness a dog chained to an object. No I'm not talking about an owner who decides to take his four-legged best friend out, hook a long leash to his canine pal's collar or harness while the owner gardens (and provides a fresh bowl of water for the dog); I'm talking about a dog who is unlawfully restrained. That is animal cruelty and it should be reported. In order to understand how you can help, it's important to know the animal cruelty laws in Texas. Remember, dogs are living creatures who deserve love, respect and care.

What Constitutes Restraint of a Dog?
Restraint consists of a device (e.g. tether, rope, chain, cable, or leash) that attaches a dog to a stationery object (e.g. a tree).

What Constitutes Illegal Restraint of a Dog?
It is considered unlawful restraint if a dog's owner/handler leaves a dog outside and unattended by use of a restraint that limits the dog's movement unreasonably.

The Fine Print
The unlawful restraint of a dog must not occur within 500 feet of a school or the premises where the dog is tethered, between the hours of 10:00 p.m. and 6:00 a.m., and/or if there is extreme outdoor temperature (e.g. a heat advisory has been issued, it is below 32 degrees Fahrenheit, a warning for a hurricane, tropical storm or tornado has been issued).

What is Considered Unreasonable Restraint of a Dog?

• The restraint used is shorter than five times the length of the dog (measured from the base of the dog's tail to the tip of the dog's nose).
• The restraint is less than 10 feet.
• The restraint causes injury to the dog.
• The restraint is in an unsafe condition.
• The dog's collar is not properly fitted, or is a pinch, prong or choke collar. *A properly fitted collar must measure the circumference of the dog's neck PLUS one inch.

Are There Exceptions to the Rule?
The simple answer is yes, if the following criteria are met while the dog is restrained:

• The dog is restrained for a reasonable period of time (not to exceed three hours in a 24-hour period) and no longer than necessary for the owner to complete a temporary task that requires the dog to be restrained.
• The dog is restrained while the owner is engaged in conduct directly related to the business of herding sheep, cattle or livestock.
• The dog is restrained to a trolley system, running line, or pulley 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.
• The dog is 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.
• The dog is 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).
• The dog is restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction.

So What Can You Do?
Report Animal Abuse and Cruelty! You may report unlawful restraint the following ways:

• Call 911 (especially if the dog is at risk of heatstroke).
• Call the Houston SPCA at (713) 869-SPCA or file an on-line cruelty report here.
• Contact the Houston Humane Society and fill out an on-line cruelty report here.
• Contact the Bureau of Animal Regulation and Control (BARC) by phoning (713) 229-7300.
• Education. Talk to the dog's owner and let them know what they are doing is illegal and cruel, and maybe, just maybe, you might be able to educate them and prevent animal cruelty in the future.