Texas Legislators Vie for New Bill to Limit Pet Ownership Rights

Edited by National News Desk
Published on Wed, 13 Apr 2011 – 18:39:16

DALLAS, Texas, April 13 (SEND2PRESS NEWSWIRE) — A collective group of animal organizations – Animal Owners Association of Texas, Professional Canine Breeder Association, East Texas Dog Lovers and individuals – have come together to stand against a bill that they say is unconscionable.

“While thousands of teachers, police and firemen are losing jobs, Texas lawmakers are proposing the passage of HB 1451 designed to implement a costly kennel inspection program,” says Linda Rogers of Animal Owners Association of Texas. “It’s unconscionable for lawmakers to even consider trading scarce funds for human needs and services to implement costly kennel inspections.”

According to this collective, HB 1451 imposes numerous regulations that would not improve the health and welfare of dogs, but would unconstitutionally violate the rights of responsible breeders at great expense to Texas taxpayers. If passed, the bill is slated to increase state spending by 1.3 million per year. Even though the bill indicates cost will be absorbed by breeder fees, details are unclear regarding start-up fees and more.

“There’s already a penal code that addresses the humane care and treatment of all animals without regard to quantity or use,” explains Rogers. “It’s Texas Penal Code 42.092.”

Included among the many associations and individuals against this bill are: the Sheriff’s Association of Texas; Animal Owners Association of Texas; Professional Canine Breeders Association; East Texas Dog Lovers; American Kennel Club; American Pet Registry Inc.; Endangered Breeds Association; American Dog Breeders Ass.; Responsible Pet Owners Alliance; Pet Industry Joint Advisory Council; Texas Pet Industry Coalition; Canine Animal Rescue Effort; American Canine Association; and a host of individual pet lovers, kennel clubs, and Texas veterinarians.

“I’m concerned over the possible passage of HB 1451,” says Dwayne Collins DVM, who has been practicing veterinarian medicine for 42 years. “This bill has many similarities to the bill that was passed in Missouri, Pennsylvania and Oklahoma and clearly had adverse effects on reputable kennel operations. For instance, Oklahoma went from more than 700 licensed USDA kennels to a little more than 350 after the bill’s passage. No major breed registries, including the American Kennel Club support the Texas bill.”

Collins adds that this bill needs to be tabled and rewritten to include those who will be most impacted (i.e., major breed registries, kennel operators and mom and pop operations).

According to bill supporters, the bill will only impact commercial breeders who possess 11 or more adult intact female dogs or cats who are engaged in the business of breeding those animals and selling their offspring. Small breeders with 10 or fewer female breeding dogs will not be affected by the bill, nor will pet stores or other retail outlets that sell dogs or cats.

However, bill opponents say that anyone who breeds/owns dogs or cats will be impacted financially and emotionally with over burdensome rules, regulations, and fees that will be constituted by a commission that has no understanding of the industry.

Additionally, the bill has a provision that allows the department to solicit and accept gifts, grants and other donations from any source, leaving the door open for animal rights activists to influence and control the department.

In the words of Rep. Senfronia Thompson of District 141, “I do not own a pet; I have never bought a bag of dog food and I never will.”

Thompson is the author HB 1451 and wants people to believe that she is doing this for the care and treatment of animals.

Rep. Patricia Harless of District 126 also supports the bill. However, her support is in direct opposition to issues posted on her website. By supporting the bill, private property rights will be limited because animals are private property and free market principles will be discouraged by arbitrarily closing thousands of small businesses that are already doing things right.

Currently, responsible breeders are regulated through USDA, AKC and/or their veterinarians. Irresponsible breeders/owners are not regulated and will avoid any and all laws. If the animals are not cared for, then sheriff or police departments have the right to proceed with Texas Penal Code 42.092.

There were nine committee members: Chairman Rep. Mike Hamilton, Rep. Chente Quintanilla, Rep. Joe Driver, Rep. Charlie Geren, Rep. Roland Gutierrez, Rep. Patricia Harless, Rep. John Kuempel, Rep. Jose Menendez and Rep. Senfronia Thompson. Six of them voted yes to send HB 1451 for a house vote. Three representatives were absent.

To learn more about the bill, visit: www.legis.state.tx.us and search for HB 1451.
To contact legislators and senators, visit: www.fyi.legis.state.tx.us/ .

News Source: Animal Owners Association of Texas :: This press release was issued on behalf of the news source by Send2Press® Newswire, a service of Neotrope®. View all current news at: Send2PressNewswire.com

HB 1451 Anti-Breeding Bill Hearing Held Today

TX-RPOA E-News From RPOA Texas Outreach and Responsible Pet Owners Alliance

What a day!

The Public Hearing on Texas HB 1451, the Dog And Cat Anti-Breeder Bill, was held by the Senate Committee on Criminal Justice today! After all the months of hard work, it paid off. Our witnesses ran the gamut of animal interests and couldn't have been better. If you missed it, you must watch it tonight on the state's website. and scroll down to May 12, 2011 Senate Committee Criminal Justice. It's better than any movie or TV show. You may have to download the free Real Player to receive it.

We can't begin to tell you everything in this E-News. Our hero of the day was definitely Senator Dan Patrick who grilled our speakers and brought out the truth about this bill and the agenda behind it. He was especially concerned about coming into our homes without a Search Warrant, possible extinction of gene pools for rare breeds, Criminal Background Checks for all help - even his own daughter if she wanted to work there for minimum wage. And more. Senator Carona backed him up.

Overall it was made perfectly clear to the senators that there's no need for this bill; that the existing state Animal Cruelty Law works well with testimony from Van Zandt County Sheriff Pat Burnett; retired policeman David Tapley, and James Whorter, an animal control officer certified by Texas Animal Control Association. Tapley held up a thick book of USDA regulations required by the bill which cannot be met in a home environment. McWhorter pointed out that we aren't even required to take our children to the doctor once a year!

Senator John Whitmire laid out his bill and the fun began! Whitmire began with his committee substitute which includes an amendment to provide exemptions for dogs bred to be used exclusively for herding livestock, hunting, including pointing, flushing or retrieving game; or competing in field trials. He said there was no need for testimony from those interests today but that was ignored. Senator Carona felt "show dogs" should be added to the exemptions and said his Mother used to breed show dogs. Whitmire mentioned that Senators Carona and Patrick had questioned why we need more government?

Witnesses who supported the bill spoke first with the usual lineup: Houston SPCA, Texas Veterinary Medical Association, and Texas Humane Legislation Network (THLN). Those who signed up to support but didn't speak included: HSUS' Nicole Paquette, a sundry of THLN members, and Patt Nordyke with Texas Assoc. of Animal Care Services.

Speaking for RPOA were Martine Huslig and Martin Kralik who have been doing a tremendous job working the halls at the Capitol for the past month educating our legislators and leaving them information to read later. This is what surely turned the tide for us because many times the legislators never see the emails, faxes and don't hear the phone calls which are only tallied for them. Personal contact is very important with all the rest to backup their visits and visits from our lobbyists.

It's perceived "votes" that count.

There's no way to cover everything here but Dale Martenson and Maura Phelan captured the attention of Senator Patrick who questioned both extensively.

Senator Patrick said: "This bill makes no sense whatsoever! Where is it coming from?"

Senator Whitmore was a little taken back and insisted he wasn't presenting the bill for "any group" but just himself after Dale Martenson brought up the financial contributions HSUS had made to Representative Thompson.

Dale Martenson laid it all out there for them, including the expose of Della Lindquist, attorney with TX Dept. of Licensing & Regulation, as being an "animal rights" activist who helped write the bill and would be enforcing it. Later Patrick questioned TDLR director William Koontz about Lindquist who responded that was her private life but admitted she did work on the bill. Koontz was unable to answer other questions from Patrick.

Maura Phelan, president of Travis County Kennel Club, former prosecutor for Travis, Harris, Williamson Counties, special prosecutor for Animal Cruelty in Burnet County, Golden Retriever Breeder and Rescuer (phew!) presented a whole new perspective from many angles and was questioned extensively by Senator Patrick who seemed impressed.

Phelan pointed out that the proposed bill rewards snitches which will only lead to harassment by "animal rights" activists. And added that the bill provides less punishment (a misdemeanor) than existing Penal Code 42, the Animal Cruelty Law, which has a fine and jail time. She stressed "probable cause" must be found to enter private property and told of her experience shutting down a bad facility.

The hearing just kept building on great testimony and ended with a big crescendo!

Thanks to all of you who attended today - whether you spoke orjust came to back up other speakers. It's always dangerous to start naming names and by no means is this all of the wonderful presentations made. You must go watch it yourself. See the URL above.

Opposition to HB 1451 grows!!

Join the growing list of organizations and individuals opposed to HB 1451

TEXAS
Animal Owners Association of Texas
Cavalier King Charles Spaniel Club of Greater Houston
East Texas Dog Lovers Club
Ellen Davis, Sweetnsassyshihtzues
La-Tex Beagle Club
Lone Star State American Pit Bull Terrier Club
National Wild Turkey Federation--Texas State Chapter
Rose City Beagle Club
South Texas Beagle Club
Southeast Texas Beagle Club
Texas Dog Hunters Association
Texas Wildlife Association
Texoma Beagle Club
Texas Coastal Brittany Club


NATIONAL AND REGIONAL
Alabama Canine Coalition
Amateur Field Trial Clubs of America - Region 7
American Brittany Club, Inc.
American Cooner Magazine
American Dog Breeders Association
American Kennel Club
American Miniature Schnauzer Club
Endangered Breeds Association
Full Cry Magazine
German Shorthair Pointer Club of America, Inc.
Jack Russell Terrier Clubs of America
Masters of Foxhounds Association of North America
National Animal Interest Alliance
National Beagle Club of America
National Cur & Feist Breeders Association
National Hunting Beagle Association
North Carolina Responsible Animal Owners Alliance (NCRAOA)
Professional Canine Breeder's Association
Responsible Pet Owners Alliance
Sportsmen's and Animal Owners' Voting Alliance
United Kennel Club
USSA Sporting Dog Defense Coalition

HB 1451 assigned to committee - call now

Last night HB 1451 was assigned to the Senate Committee on Criminal Justice. Start calling and faxing committee members NOW and tell them you oppose this bill.

CHAIR
Sen. John Whitmire (D-15)
(512) 463-0115
Fax: (512) 475-3737
John.whitmire@senate.state.tx.us

VICE CHAIR
Sen. Joan Huffman (R-17)
(512) 463-0117
Fax: (512) 463-0639
Joan.huffman@senate.state.tx.us

MEMBERS

Sen. John Carona (R-16)
(512) 463-0116
Fax: (512) 463-3135
John.carona@senate.state.tx.us

Sen. Rodney Ellis (D-13)
(512) 463-0113
Fax: (512) 463-0006
Rodney.ellis@senate.state.tx.us

Sen. Glenn Hegar (R-18)
(512) 463-0118
Fax: (512) 475-3736
Glenn.hegar@senate.state.tx.us

Sen. Juan Hinojosa (D-20)
(512) 463-0120
Fax: (512) 463-0229
Juan.hinojosa@senate.state.tx.us

Sen. Dan Patrick (R-7)
(512) 463-0107
Fax: (512) 463-8810
Dan.patrick@senate.state.tx.us

The eyes of Texas animal owners are on the Senate!

TX-RPOA E-News
From RPOA Texas Outreach and Responsible Pet Owners Alliance

Action Alert! The "hot potato" HB 1451 arrived in the Senate but who's to sponsor? The eyes of Texas animal owners are on the Senate!

Time to contact Texas senators and ask them to OPPOSE HB 1451 and do NOT sponsor it. The bill has passed the House; been sent to the Senate but not assigned to a committee. There is no sponsor yet and we want to keep it that way.

HB 1451 is not written to regulate dog and cat breeders in Texas. It is written to eliminate them. The Standards for Care; Confinement and Transportation adopted must meet federal USDA regulations at a minimum. Bill sponsors and proponents know they cannot be met in a home environment.

There is no way that there can be an unbiased advisory committee in Texas to administer the bill provisions because PETA types have infiltrated all levels of government, animal shelters, animal controls, humane societies and some rescue groups.

Recently Della Lindquist, with Texas Dept. of Licensing & Regulation, was exposed to be an Austin "animal rights" activist. This is the department involved in writing and enforcing the bill.

RPOA is networking with many other animal interest groups. The U.S. Sportsmen's Alliance and Sportsmen's & Animal Owners' Voting Alliance are among them. Check out their links below for helpful information.

Sportsmen's & Animal Owners' Voting Alliance (SAOVA) has a link to email ALL the senators with one email.

U.S. Sportsmen's Alliance has an excellent report on the House Members Voting Record on HB 1451. Please note in the link that all the Democratic representatives voted in favor of the bill with the Republican vote divided almost in half.

If not for the power of bill sponsor Rep. Senfronia Thompson (D) who allegedly threatened representatives with killing their bills in her Local & Consent Calendar Committee, we would have killed this bill in the House. But now it's on to the Senate!

Texas House Passes Bill That Treats Sporting Dog Kennels like Puppy Mills

U.S. Sportsmen's Alliance 4/27/11

A bill that could put many sporting dog owners out of existence has been passed by the Texas House of Representatives and is moving to the Senate.

The bill, House Bill 1451, introduced by Rep. Senfronia Thompson (D- Houston), would classify many sporting dog owners as commercial dog breeders and subject them to costly new regulations, warrantless home inspections, and expensive new permit fees.

Click here to see the list of how Texas Representatives voted.

The bill will now move to the Senate. All sportsmen need to immediately contact their state senators and ask that they oppose House Bill 1451.

Some of the many harmful provisions in the bill include:

•Classifying anyone who possesses 11 or more intact female dogs and sells only one dog as a “breeder.” So-called breeders are then subject to unnecessary new regulations and costly fees.
•Allowing unannounced warrantless searches of all areas where a breeder keeps dogs or maintains records related to their dogs. Even homes are included in this.
•Allowing a commission to set permit fees for breeders that are necessary to pay for administrative costs and enforcement of the bill. The fiscal note attached to the bill estimates that this will amount to nearly $1.3 million. Based on this estimate, fees for sporting dog owners could be in the thousands of dollars per year.
•Requiring a commission to establish new, unnecessary standards of care for sporting dog breeders including new enclosure, veterinary, and exercise requirements. These new requirements are not needed and would cause a financial burden on responsible sporting dog breeders.
Unlike Commercial operations, sporting dog kennels and hobby breeders do not typically have a revenue stream to shoulder the cost of high fees, and dramatic costs associated with complying with a bill intended for large scale facilities that exist primarily for the purpose of commerce. More important there have been no findings that justify treating sporting dog kennels and hobby breeders the same as commercial kennels.

Take Action! Texas sportsmen should contact their state senators today and ask them to oppose HB 1451. Tell them the bill unjustly treats sporting dog and hobby breeders as large commercial breeders, allows for warrantless searches of homes, and creates unnecessary, costly new regulations that could put many of these breeders out of existence.

To find your state senator’s contact information, visit the USSA Legislative Action Center at www.ussportsmen.org/LAC.

http://www.ussportsmen.org/