San Antonio Express-News (Sunday)
New law now in effect regulates use of chains and tethers on dogs
One of the most significant animal cruelty laws in nearly 15 years is now in force in Texas, a milestone for advocates who have been working to improve conditions for tethered outdoor dogs for years.
Senate Bill 5, or the Safe Outdoor Dogs Act, passed in October after an outcry forced Gov. Greg Abbott to reverse a veto and put the bill back on a special session agenda.
“This is a testament to the power of the people, because if we didn’t have the large public outcry … it would be two more years of those dogs living on chains with no shelter out in the extreme elements,” said Jamey Cantrell, past president of the Texas Animal Control Association, the oldest and largest state animal control organization in the country.
The bill establishes a basic standard of care for outdoor animals and aims to prevent dogs from suffering and ultimately dying on the end of heavy chain tethers in extreme weather conditions.
The law, which went into effect Tuesday, makes it illegal to tether a dog outside with heavy chains, improperly fitted collars or anything that “causes pain or injury to the dog” and requires the length of restraint to be at least five times the length of the dog or 10 feet. It more clearly defines adequate shelter as a structure that keeps the animal safe from inclement weather and allows them to comfortably sit, stand and move around; avoid their own feces; and have access to food and water that does not get easily contaminated.
“This is not about overregulating pet owners; it’s about setting a standard for pet care,” said Adam Reynolds, chief of Animal Cruelty Investigations for the Houston So
ciety for the Prevention of Cruelty to Animals. “This law is aimed at reducing and preventing negligent acts and inhumane treatment for dogs.”
Improperly fitted or heavy chains can cause myriad health problems for a dog and severely affect its mental health.
“It’s no different than a prisoner that’s in solitary confinement,” Cantrell said. “It just is very difficult mentally for a social creature such as a dog to be confined in a way where they can’t interact with other animals and they just get to the point where they essentially go crazy.”
The law also strikes a 24-hour waiting period that law enforcement officers previously had to abide by if they saw an animal in inhumane conditions. Now, when a situation warrants, officers can immediately intervene and save an animal from suffering instead of issuing owners a 24-hour warning and waiting for them to comply.
“It was a very frustrating situation with the previous law because if you are an animal control officer … you were essentially powerless to enforce the law. … It was just crazy, it wasted a lot of time,” Cantrell said.
Reynolds is one of many investigators working to help educate pet owners understand the law and come into compliance.
If a pet owner refuses to comply, they face a class C misdemeanor, with a penalty up to $500. That charge is elevated to a class B misdemeanor if an owner has been previously convicted, with a fine of up to $2,000 and 180 days in jail. Separate citations are issued for each dog.
The new law strikes the use of chains, which Cpl. Kayla Fesperman of Harris County Constable Precinct 5 noted will help make a difference especially among suspected dogfighters, who more commonly use chains. But it is not an all-out tether ban.
“This is not eliminating tethers, but it’s making it safer for when they are on the tether,” Fesperman said. “There is going to be a big misunderstanding, and that’s why we are working so hard on education.”
The Texas Humane Legislative
Network is one of the leading supporters of the legislation and has been working with animal control officers statewide to prepare for its implementation, including distributing bilingual fact sheets and holding zoom webinars with shelter directors and rescue groups, said Stacy Sutton Kerby, director of government relations for the organization.
Kerby said she knows of some groups that are planning to have an “implementation period” of 30 days so pet owners have time to learn about the law and meet the new standards.
THLN has also been working to compile a list of resources for pet owners who need help coming into compliance, from spay and neuter events that offer free tethering supplies to nonprofits distributing doghouses. Kerby said it’s been inspiring to see the massive response from people hoping to get involved and help owners better shelter their animals.
“I just want to encourage people to build community through this project because I think this is a great opportunity to help build some trust and build relationships with ACOs (animal control officers) and with dog owners in communities by coming together to help people come into compliance as opposed to just handing out punishments,” Kerby said. “Ultimately, at the end of the day, we don’t want to see just punishment, what we want is for dogs to have a higher quality of life and remain with their people and be safe.”