Texas Gov. Greg Abbott signs a tweaked dog tethering bill into law

AUSTIN — Texas Gov. Greg Abbott on Monday signed a bill into law that would clarify existing state law regarding the safety of dogs chained outside and make the statute easier to enforce.

The bill’s advancement comes after Abbott drew the ire of angry Texans in June, when he vetoed similar legislation which passed during the regular legislative session with broad bipartisan support. That measure, hailed by animal rights advocates, would have banned the use of heavy chains to tether dogs and made the unlawful restraint of a dog a criminal offense.

The new proposal state lawmakers passed last week, near the end of their third special session of 2021, is similar to its regular session predecessor. The changes make the bill nonspecific about the materials used in the collar and add “reasonably” to the description of how long to leave a dog unattended in the back of a truck.

The Senate on Oct. 18 rejected the House’s change to the bill, which would except an owner from the prohibition on using a chain to restrain a dog outside and unattended if “the size, strength, or demeanor of the dog would present a danger to a child or other person if not restrained by a chain of a weight and gauge that does not harm the dog.”

That sent further negotiations behind closed doors, where a conference committee of lawmakers from both chambers reached a deal on the bill that struck the House amendment. The Senate passed the deal last Monday night in a 28-3 vote, and the House followed suit last Tuesday morning in a 91-19 vote.

“If that amendment goes on, we’re back to where we were before, and I don’t want to see that happen,” state Sen. Eddie Lucio Jr., D-Brownsville, the bill’s author said on the Senate floor. “We will have no progress in making sure we treat our animals in a humane way that will keep them from being hurt or abused.”

Abbott, who proudly owns golden retrievers Pancake and Peaches, said the bill he vetoed in June would have required too much of dog owners.

“Texans love their dogs, so it is no surprise that our statutes already protect them by outlawing true animal cruelty,” Abbott said in a statement at the time. “Texas is no place for this kind of micro-managing and over-criminalization.”

The hashtag #AbbottHatesDogs trended on Twitter shortly after his veto.

In September, Abbott added the issue to his call for the third special session, asking lawmakers for a version “that addresses the concerns expressed in the governor’s veto statement.”

The bill was a priority during the regular session for the Texas Humane Legislation Network, an animal welfare advocacy organization, and it was backed by law enforcement officials and animal control officers around the state.

“The passage of the Safe Outdoor Dogs Act is a critical step toward protecting restrained dogs and improving public safety, while still respecting the freedoms of Texas dog owners,” Stacy Sutton Kerby, THLN director of government relations, said in an Oct. 19 news release. “This was a tough special legislative session for everyone. We are particularly grateful for the effort legislators and supporters made to get this law passed.”

The debate goes back to 2019, when dog owners protested after then-state Rep. Jonathan Stickland, R-Bedford, killed legislation that would have criminalized the use of a chain, weighted leash or short tether to restrain a dog outside.

Dallas and other Texas cities have their own tethering ordinances, but advocates wanted uniformity instead of a patchwork of rules across the state.

In 2017, the Dallas City Council outlawed the tethering of dogs except when “the dog is in the owner’s immediate possession and accompanied by the owner.” The owner must “use a properly fitted harness or collar that is specifically designed for the dog” and “attach the tethering device to the dog’s harness or collar and not directly to the dog’s neck.”