Dog Fence Laws in Texas

Owning a dog also means having the responsibility to control its behavior and to contain it properly. This means not only keeping your pet safe but also preventing it from harming other people, which can sometimes occur when dogs are allowed to roam freely. The state of Texas has dog laws in place to protect its residents from aggressive dogs. It also has laws prohibiting the restraint of a dog during certain times and under certain conditions. Texas does not, however, have a statewide fence law requiring dogs to be contained in a fenced setting.

  1. Lillian's Law in Texas

    • Pet owners are required to secure their dogs.

      Texas H.B. 1355, better known as Lillian's Law, took effect on Sept. 1, 2007, with the intention to keep aggressive and potentially dangerous dogs from hurting other animals or people. It essentially increases the punishment of pet owners who fail to secure their dogs and results in an attack that causes serious injury or even death to its victims. The law deals only with dogs that are unconfined, meaning they have been allowed to roam around and not be controlled by fencing or a leash.

    Dog Bite Laws

    • Texas still utilizes the "one bite" law. This means that liability is assessed based on whether the pet owner knew that the dog had bitten a person or animal previously or had shown aggressive traits toward others and/or that the attack occurred through the negligence of the pet owner. Liability can also be assessed if it is found that the injury or even death was caused intentionally due to lack of restraint or even encouragement of the pet owner.

    Local/County Dog Containment Laws

    • Keeping your dog on a leash at all times keeps your pet safe and minimizes the risk of harm.

      While Texas has no statewide fence or leash law, there are ordinances in place in many Texas communities requiring dogs to be properly controlled in a fenced setting and/or kept on a leash when in public. The fines that are assessed and other penalties that may be applied vary by community. Some areas may even impose restrictions on dog size, breed and number of animals allowed in a residence. Many Texas communities also require that dogs be licensed. Even though fencing of a dog is not a state law, pet owners should understand that control and restraint is a typical requirement.

    Texas Unlawful Restraint Law

    • Texas has a state law prohibiting unlawful restraint of a dog in certain situations, although chaining a dog to a tree or post is not banned altogether. The law, H.B. 1411, became effective on Sept. 1, 2007, and amends the state Health and Safety Code. The law essentially states that when an animal is chained or tethered, the animal cannot be left outside between the hours of 10 p.m. and 6 a.m., cannot be left outside within 500 feet of a school and cannot be left outdoors in extreme weather conditions. The law also prohibits restraints that can unreasonably restrain and potentially harm the dog.