Texas Action Alert! OPPOSE SB 411 re dog attacks, felony offense

TX-RPOA E-News
>From Responsible Pet Owners Alliance,
the reasonable voice regarding animal issues in Texas.
Responsible Pet Owners Alliance is an animal welfare organization, not
"animal rights" and, yes, there is a difference.
Permission granted to crosspost.

Texas Action Alert!
OPPOSE SB 411 by Shapleigh, relating to dog attacks on persons; creating an
offense

SB 411 Public Hearing
Criminal Justice Committee
Wednesday, April 11, 2007
1:30 PM in Room E1.036
At the Capitol, Austin, Texas

If you own a dog in Texas, you should be alarmed at this bill! Own a large
dog and you should be doubly alarmed!
Contact rpoa@... if you can attend this hearing.
We've heard the Senate is on time with their hearings - unlike the House.
With 318 AKC dog clubs and countless dog owners in this state, we should
easily have 200-300 people in Austin Wednesday opposing SB 411. At the
House Hearing, we had TEN people with FIVE testifying. The other side had
100 people supporting the bill. Coordinate at the hearing with Jeff Shaver
and Zandra Alexander, who are representing Responsible Pet Owners Alliance.

If you can't attend, please fax letters and make phone calls to the Criminal
Justice Committee members listed below and your own representatives. E-mails
are helpful but are a last resort and not the most effective.

This will be an emotional hearing as supporters of SB 411 (primarily victims
of dog attacks) will rally on the south steps of the Capitol for a media
event at 12 Noon and will testify at the hearing later.

We've been told by Rep. Gattis that this bill will be amended to duplicate
his HB 1355 but there's nothing in writing at this point. Regardless both
bills have the felony offense for the first incident. Talking Points on the
"Introduced" Version of SB 411 are below:

(1) Our primary concern is the felony offense on a first incident. Owning
a dog isn't like owning a gun or a car. Dogs are not inanimate objects.
They are animals.

(2) On rare occasions dogs get into a fight at a dog show and while
separating them, a person could receive "serious bodily injury." In fact,
this has happened recently.

(3) We're told by legislators that the bill is to "send a message." The
message is "don't own a large dog in Texas" because the liability is too
extreme. If you own a large dog, you had better not visit nor move here.
Definitely don't attend a dog show in Texas!

(4) SB 411 will be the death knell to all adoptions of "rescue" dogs from
animal shelters, animal controls and our Rescue Program in Texas. Who will
risk the liability? It is difficult now to place large dogs.

(5) SB 411 makes it a felony offense for a person if a dog causes
"serious bodily injury or death" even if it is a first incident.

(6) SB 411 makes it a State Jail Felony for "serious bodily injury" and a
Third Degree Felony for "death," the same for a first time incident or for
dogs that have already been declared dangerous.

(7) Creates a $10,000 civil penalty for first offenders found guilty
which will be kept by the county or municipality. Currently the law
provides for such a fine only if the attack occurs after the dog has been
declared dangerous.

( Provides for a civil cause of action for actual damages for a
claimant which is less than what the person can sue for under current law.

Thanks to Zandra Anderson for her excellent analysis of SB 411. Zandra is
an attorney, www.TexasDogLawyer.com (713) 222-7600 and American Pit Bull
Terrier owner!

SB 411, Bill Text:
http://www.capitol.state.tx.us/tlodocs/80R/bill.../pdf/SB00411I.pdf

Senate Criminal Justice Committee members
Address for all:
PO Box 12068
Capitol Station
Austin, TX 78711

To find your elected representatives and all their contact information,
go to: www.capitol.state.tx.us and click on:
"Who represents me?" in the right column.

COMMITTEE CLERK: Vanessa Valdez
(Call this number if you have an questions about the hearing, room location,
etc.)
PHONE: 512-463-0345

Bill Author:
Senator Eliot Shapleigh
PO Box 12068
Capitol Station
Austin, TX 78711
eliot.shapleigh@...

Committee Chair: Senator John Whitmire
Ph: (512) 463-0115
Fax: (512) 475-3737
john.whitmire@...

Vice-Chair: Senator Kel Seliger
Ph: (512) 463-0131
Fax: (512) 475-3733
kel.seliger@...

Senator John Carona
Ph: (512) 463-0116
Fax: (512) 463-3135
john.carona@...

Senator Bob Deuell
Ph: (512) 463-0102
Fax: (512) 463-7202
don.forse@...

Senator Rodney Ellis
Ph: (512) 463-0113
Fax: (512) 463-0006
rodney.ellis@...

Senator Glenn Hegar
Ph: (512) 463-0118
Fax: (512) 475-3736
District18.hegar@...

Senator Juan Hinojosa
Ph: (512) 463-0120
Fax: (512) 463-0229
leslie.nadelman@...

Responsible Pet Owners Alliance
900 NE Loop 410 #311-D
San Antonio, TX 78209
Phone: (210) 822-6763
Fax: (210) 822-9038
Website: www. responsiblepetowners. org
$15 Annual dues (January - December)
To share information, subscribe or unsubscribe,
send an e-mail message to rpoa @ texas.net.