Texas Supreme Court September 6, 1990, C-9464 (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.