(a) An owner commits an offense if the owner fails to restrain the animal, at all times:
(1) in a fenced yard;
(2) in an enclosed pen;
(3) in a structure; or
(4) by a tethering device, but only if the animal is in the owner's immediate possession and accompanied by the animal's owner, and, if the animal is a dog, the owner complies with the requirements in Section 7-4.7 of this chapter.
(b) An owner commits an offense if the owner restrains a domestic animal without providing the domestic animal access, at all times, to potable water and shelter which protects the domestic animal from direct sunlight, standing water, and extreme weather conditions, including conditions in which:
(1) the actual or effective outdoor temperature is below 32 degrees Fahrenheit;
(2) a heat advisory has been issued by a local or state authority or jurisdiction; or
(3) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
(c) It is a defense to prosecution under Subsection (a) that the animal was:
(1) a dog in an off-leash site established under Section 32-6.1 of this code; or
(2) a feral cat participating in a trap, neuter, and return program approved by the director.
(d) It is a defense to prosecution under Subsection (b) that:
(1) the domestic animal was a dog;
(2) the dog was restrained by a tethering device while in the owner's immediate possession and accompanied by the dog's owner; and