Texas Animal Advocate Organization Hopes to put Tighter Restrictions on Tethering of Pets

HLN hopes to reform dog tethering laws in Texas. Photo Credit: Canva

Texas lawmakers may once again have the chance to vote on enacting stricter and more comprehensive tethering laws for dogs and other outdoor animals across the state.

The Humane Legislation Network, a 501(c)(4) nonprofit that lobbies on behalf of animal rights, plans to introduce a bill during the 2021 Texas Legislative session that would reform Texas’ current laws around tethering dogs outside. The new bill would require owners to provide shelter, a collar and access to water; would prohibit the pet from being tethered using a chain; and would eliminate the 24 hours mandatory warning period before violators are issued a ticket. 

“We received so many calls this year about dogs who are out on short or heavy chains outside with no water,” THLN Executive Director Shelby Bobosky said. “It doesn’t matter if you’re a Democrat or a Republican, we all have dogs, and it’s generally agreed that if a dog is tethered it should be done in a safe and humane manner. Our bill sets forth simple, understandable and enforceable requirements.”

This bill, also known as the Safe Outdoor Dog Act, aims to reform the hard to enforce Unlawful Restraint of Dogs law that has been in place since 2007. Under the current law, owners cannot keep their dog outside unattended by use of a restraint (1) that reasonably limits the dog's movement between the hours of 10 p.m. and 6 a.m., (2) that is within 500 feet of a school, or (3) when extreme weather conditions are present. The law also outlines what type of collars can be used and the length tethers can be. However, in a city where stricter tethering laws do not exist, it is almost impossible for an animal control or law enforcement agent to cite someone under the law for improper tethering of their animal. 

The law requires that enforcement agencies issue a warning and allow the pet owner 24 hours to remedy the violation before receiving a citation. Bobosky contends that this creates a vicious cycle of repeat offenses with no punishment enacted on the pet owner in violation of the law.  

“Typically what happens is three days later there is another call on the same house,” Bobosky said. “We think people just need education, but  30-40% of actors really do need a ticket.” 

“I liken it to speeding,” she added. “I would speed all the time if I knew every time I would just get a warning. We really need to improve the lives of these dogs who permanently live outside.” 

The Texas legislature meets every two years to pass new legislation. THLN proposed similar bills during the 2015, 2017 and 2019 legislative sessions, but none of these bills made it to pass. The organization hopes this year is different. 

“That is what is so frustrating because we have to wait two more years to pass our bill,” Bobosky said. “Our biggest problem is there are more than 1,100 cities in Texas [that] are all relying on the current law that was passed in 2007. It is truly unenforceable and we at THLN don’t know of a single ticket that was written on the state law. “ 

However, many cities aren’t waiting. Earlier this year Denton City Council voted unanimously to enact a city ordinance outlawing tethering unless the owner is present to supervise their pet. While the statewide bill THLN is proposing doesn’t go this far, Denton animal welfare advocates and city officials say this is what’s necessary to ensure the safety of animals in the community.

“Our goal is to promote the health, safety and welfare of animals in Denton,” said Denton City Council member Keely Briggs. “Tethering an animal unattended is no longer allowed in our city. We know the dangers involved if an animal is left unattended and that is something we can all definitely agree on.”

Prior to the passage of this ordinance in Denton, it was illegal to restrain a dog by a fixed-point by wrapping the chain or tether around the dog’s neck, not providing access to food and water while tethered, or to restrain a dog in any way by which the tether could become entangled.

Enforcement of Denton’s new ordinance goes into effect on Aug. 1, 2021. In the meantime, Denton Animal Service manager Randi Weinberg says the city is focusing on education and providing resources to pet owners who may be impacted once they start enforcing the ordinance. 

“We wanted to ensure that our community understood that our intentions behind this ordinance were not to remove their pets from the home,” Weinberg said. “Keeping this in mind, we established a pet-friendly business dog map that lists businesses who allow owners to take their pets inside so they do not have to tether them. Most importantly, we partnered with Denton Animal Support Foundation and Freedom House of Denton to implement the Animal Enclosure Program. This program provides an animal enclosure to residents if they are unable to secure their yard so their pet is not continuously tethered without their owner present.” 

“Our number one priority was to ensure that pets are safe in our community,” Weinberg added. “Our Animal Shelter Advisory Committee made the recommendation to prohibit tethering within the City of Denton. This recommendation, research and data were the driving force to work toward prohibiting tethering.” 

Injury to the tethered animal or others is one of the driving factors behind THLN’s want to reform the law statewide as well. Bobosky says she has seen instances where pets have chains or collars embedded in their neck, or who are accidentally hung by the apparatus meant to restrain them. 

While Denton is one of the latest cities to take matters into their own hands, San Antonio enacted their citywide ban on tethering dogs via chains in 2017, and officials say it has provided an opportunity to educate the community and improved animal welfare in San Antonio. 

“Anytime you have a more educated community I think it naturally leads to a more humane community,” said Lisa Norwood, public relations manager for animal care services in San Antonio. “In spreading awareness about the law we have tried to be cognizant of the fact that many people in our community tether their animals inhumanely because their fences are in poor condition. In addition to educating residents about humane alternatives, the animal care officers in the Alamo City regularly make small repairs to the chain-link fences and gates that are common in our neighborhoods.” 

Additionally, for residents who have been cited for roaming dogs, and whose fences require more substantial repairs, support programs are available to make those needs more attainable, Norwood says. 

THLN says where their law differs from the likes of the one enacted in Denton, is that rather than instituting an all out ban on tethering, it merely aims to reform how dogs are tethered. Their bill would follow suit with San Antonio's though, in that it would prohibit the use of a chain as a method of tethering. Lawmakers are already familiar with the key aspects of the THLN proposal, as it almost passed during the last legislative session. 

In 2017, the law passed the Texas senate and house committee, leaving passage on the house floor the only hurdle in its way to the governor’s desk. However, Rep. Jonathan Strickland, of District 92, blocked the bill in the last week of the legislative session using a procedural move called a “point of order.” Strickland said the bill infringed on citizen’s liberties and property rights. Following the blockage, a group of dog owners in Bedford held a “Dogs Against Strickland'' 1-mile walk on Memorial Day to protest the representative's actions.

“Because this bill has been filed since 2015, the majority of legislatures know about this bill,” Bobosky said. “You can make a two-minute call to your legislature and ask them to support the Safe Outdoor Dog bill. Legislatures don’t hear often about animal-related bills, and if they know how important this is to you they will fight for it.”