City of Richardson v. Responsible Dog Owners of Texas

OPINION

SPEARS, Justice.

At issue is the validity of the City of Richardson’s animal control ordinance. Several people, denominated as Responsible Dog Owners, sued for declaratory judgment, alleging that the legislature, through its enactment of sections 1.08 and 42.12 of the Texas Penal Code, has preempted the City’s power to adopt an ordinance regulating the keeping of dogs. The trial court granted summary judgment in favor of the City. The court of appeals, however, held that the City’s ordinance was preempted by the Penal Code, reversed the trial court’s judgment, and rendered judgment in…