Texas Action Alert! OPPOSE HB 1451!

TX-RPOA E-News
>From RPOA Texas Outreach and
Responsible Pet Owners Alliance
"Animal welfare, not animal 'rights'
and, yes, there is a difference."
Permission granted to crosspost.
March 9, 2011

Texas Action Alert! OPPOSE HB 1451!

A Public Hearing on HB 1451 is scheduled for 8:00 AM Tuesday, March 15th, by
the Licensing & Administrative Committee. Room E2-012 in the Capitol
Building. Bill sponsor is Rep. Senfronia Thompson who also serves on the
committee.

This is the HSUS and Texas Humane Legislation Network's "Puppy Elimination
Bill" that HSUS vowed to get passed in every state after failing at the
federal level in 2005. This is a direct attack on American Kennel Club, Cat
Fanciers' Association and other show/hobby exhibitors. It is deceptive to
say it is only directed at "puppymills and kittymills." But when do the
extremists ever tell the truth - especially when legislation is involved?
We are truly David up against Goliath as HSUS has poured millions into our
state to get this passed. Just remember that David won that battle! We
have as much passion to protect our animals as the extremists have to
eliminate them by regulating them out of existence.

For a copy of HB 1451 and RPOA Talking Points, go to Tiny URL:
TinyURL.com - shorten that long URL into a tiny URL or
RPOA Texas Outreach

If you can attend this committee hearing, please let us know at
rpoa@texas.net .

RPOA OPPOSES this bill for the following reasons:
1. This bill is a "blank check" for animal rights extremists to end all
breeding of dogs and cats in Texas. The bill is not their "goal;" it's
their starting point.
2. All "rules" remain to be written. "You won't know what's in it until it
passes," as Speaker Pelosi said about ObamaCare.
3. No Breeding = No Pets = No Vets = No Pet Supplies.
4. These radical extremists have a deep hatred for all cat and dog breeders
and say
that every show dog bred causes the death of a shelter dog.
5. HSUS and THLN both say "Get anything passed and come back later!" See
our website for more Talking Points. Make your message personal.

Contact committee members below with phone calls, letters, faxes. On emails
place "OPPOSE HB 1451" in your subject line. When calling, register with
the receptionist as "OPPOSING HB 1451."

Committee Clerk: Jeff Madden (512) 463-0798
Texas Licensing & Administrative Committee

Chairman Rep. Mike Hamilton
Phone: 512-463-0412
Fax: 512-463-1915
mike.hamilton@house.state.tx.us

Vice Chair Rep. Chente Quintanilla
Phone: 512-463-0613
Fax: 512-463-1237
chente.quintanilla@house.state.tx.us

Members:
Rep. Joe Driver
Phone: 512-463-0574
Fax: 512-463-1481
joe.driver@house.state.tx.us

Rep. Charlie Geren
Phone: 512-463-0610
Fax: 512-463-8310
charlie.geren@house.state.tx.us

Rep. Roland Gutierrez
Phone: 512-463-0452
Fax: 512-463-1447
roland.gutierrez@house.state.tx.us

Rep. Patricia Harless
Phone: 512-463-0496
Fax: 512-463-1507
patricia.harless@house.state.tx.us

Rep. John Kuempel
Phone: 512-463-0602
Fax: 512-480-0391
john.kuempel@house.state.tx.us

Rep. Jose Menendez
Phone: 512-463-0634
Fax: 512-463-7668
jose.menendez@house.state.tx.us

Rep. Senfronia Thompson
Phone: 512-463-0720
Fax: 512-463-6306
senfronia.thompson@house.state.tx.us

Also contact your own representative and senator with your opposition. If
you don't know who they are yet, go to the Texas Legislature website:
Who Represents Me--Home , type in your name and address. They all
have their own web page to email directly.

Subscribe to this announcement only email list to stay informed regarding
all Texas animal issues by emailing:
TX_RPOA_E-News-subscribe@yahoogroups.com





Hearing Scheduled on Texas Dog Breeder Bill
Sportsmen attendance needed!

House Bill 1451, introduced by Rep. Senfronia Thompson (D- Houston), would treat sporting dog owners the same as commercial dog breeding operations.

HB 1451 is scheduled for a hearing on Tuesday, March 15th at 8 a.m. in the House Licensing and Administrative Procedures Committee in room E2.012 in Austin. Sportsmen and sporting dog owners are encouraged to attend.

The bill establishes a new definition for “commercial breeder” as any person possessing 11 or more intact adult female dogs that is engaged in the business of breeding dogs for sale.

Under this definition, sporting dog owners, kennels, and other hobby breeders could be classified as a commercial breeder without selling a single dog. Additionally, HB 1451 would require all “commercial breeders” to be licensed, inspected, and regulated by the state’s Commission of Licensing and Regulation. It would also require the Commission to enact costly new regulations for dog owners including strict housing guidelines, exercise requirements, mandatory veterinary exams, and many other requirements.

Take Action! Sportsmen should plan to attend Tuesday’s hearing and voice their opposition to House Bill 1451. Sportsmen who are unable to attend the hearing should call their state representative and tell them that this bill could negatively impact many respectable sporting dog owners. To find your state representative’s contact information, please visit the USSA Legislative Action Center at U.S. Sportsmen's Alliance
.

For more information, contact the U.S. Sportsmen's Alliance at 614-888-4868 or email info@ussportsmen.org


U.S. Sportsmen's Alliance
801 Kingsmill Parkway
Columbus, Ohio 43229
614-888-4868
U.S. Sportsmen's Alliance

info@ussportsmen.org

 

These orginazations are pissing me off...they are going after my gamefowl right now working on a bill to pretty much make it to where they can classify you as a cock fighter just for haveing fowl in a cage,pen or stall and useing 'feeding appuratuses" which all i can think of would be feed and water cups...so if it passes then FFA and 4-H kids could be classified as cock fighters and have all of there fowl taken away and killed by the ASPCA...I hope we can band togather and fight these animal rights wack jobs who want nothing more than to deprive us of the right of haveing the animals that we love

 

HB 1451 is going to Local, Consent, and Res. Calendar tomorrow 4/21/2011. Call the Committee Clerk, Jeff Madden (512) 463-0798, and ask to be registered as Opposed to HB 1451. Click link below for more detailed information.
http://lsspbc.com/blog/2011/04/20/up...-van-de-putte/ ​

 

HB 1451 was struck down in Local and Consent calendars and placed on the Major State calendar (4/26/2011) to go to the house floor for a vote. When HB 1451 author and Local and Consent Chairwoman Rep Thompson asked Rep. David Simpson if he was prepared to talk for 10 minutes (to filibuster HB 1451) and he said "10 minutes or longer!" Once again call and thank Rep. David Simpson. Phone: (512) 463-0750 Fax: (512) 463-9085 EMail:david.simpson@house.state.tx.us .

Just like we are thanking him, the other side is ATTACKING him. The humaniacs took out a full page ad in his district's local newspaper attacking Rep. Simpson. It is important that he knows he is supported in his actions of protecting our freedoms.

The fight is not over we cant jump the wall now, PLEASE You can find your representatives and senators
at: http://www.fyi.legis.state.tx.us/ Tell them to kill HB 1451 and HB
2116 (the shorter version)!

 

They claim it is a way to stop puppy mills, and a preventative measure to keep animal cruelty cases from happening. Instead of increasing the Texas animal cruelty law to help punish those that are found guilty of animal abuse, they want anyone who owns 11 intact females to be regarded as a commercial breeder; to be governed and licensed by the State. Once again instead of punishing the wrongdoers they want to impose government control and legislation on everyone. If those deemed commercial breeders do any part of their breeding at their home, then their home is seen as a breeding "facility", according to the actual bill below:

Sec.802.063.AAINSPECTIONS. (a) The department shall
inspect each facility of a licensed commercial breeder at least

once in every 12-month period and at other times as necessary to​

ensure compliance with this chapter and rules adopted under this
chapter.

(c)The department or third-party inspector may not provide​

advance notice to the commercial breeder or a representative of the

commercial breeder before arriving at the facility. The commercial​

breeder or its representative shall, on request of an inspector,
assist the inspector in performing the inspection.

Which is in violation of the 4th Amendment to the U.S. Constitution, the part of the Bill of Rights that guards against unreasonable searches and seizures and requires a judicially sanctioned warrant supported by probable cause.
​

 

The bill passed the second reading in the House 95-44. Call and email your Reps and urge them to oppose the bill on the third reading! Below is a link to see how your Representative's voted for the bill.

Representatives' Email format: firstname.lastname@house.state.tx.us


http://www.capitol.state.tx.us/Bill...2R&Bill=HB1451&RcdVtNo=531&Ch=H&Dt=04/26/2011

http://www.texastribune.org/texas-l...ion/house-gives-early-nod-to-puppy-mill-bill/ News Article

 

http://votenohb1451.blogspot.com/

 

Below are the email addresses of all the Texas Senators. You can copy and paste these to send an email to all the Senators at once, asking them to oppose HB 1451.

brian.birdwell@senate.state.tx.us; John.carona@senate.state.tx.us; Wendy.davis@senate.state.tx.us; Bob.deuell@senate.state.tx.us; Robert.duncan@senate.state.tx.us; Rodney.ellis@senate.state.tx.us; Kevin.eltife@senate.state.tx.us; Craig.estes@senate.state.tx.us; Troy.fraser@senate.state.tx.us; Mario.gallegos@senate.state.tx.us; Chris.harris@senate.state.tx.us; Glenn.hegar@senate.state.tx.us; Juan.hinojosa@senate.state.tx.us; Joan.huffman@senate.state.tx.us; Mike.jackson@senate.state.tx.us; Eddie.lucio@senate.state.tx.us; Jane.nelson@senate.state.tx.us; Robert.nichols@senate.state.tx.us; Steve.ogden@senate.state.tx.us; Dan.patrick@senate.state.tx.us; Jose.rodriguez@senate.state.tx.us; Kel.seliger@senate.state.tx.us; Florence.shapiro@senate.state.tx.us; Carlos.uresti@senate.state.tx.us; Leticia.vandeputte@senate.state.tx.us; Kirk.watson@senate.state.tx.us; Jeff.wentworth@senate.state.tx.us; Royce.west@senate.state.tx.us; John.whitmire@senate.state.tx.us; Tommy.williams@senate.state.tx.us; Judith.zaffirini@senate.state.tx.us

 

Its up to the Governor yall. I have heard from some very powerful people close to the governor that he doesnt know which way he is leaning yet, but his staff is aware that, "the bill was written by HSUS". They are aware that the HSUS and THLN are the main supporters and that the entire Texas dog community is against it.
Lets hold the Governor's feet to the fire to stand up for us citizens from the Animal Rights Lobbyist.
Everyone phone the Governor, email, and fax.
Office of the Governor Main Switchboard [office hours are 8:00 a.m. to 5:00 p.m. CST] :
(512) 463-2000Office of the Governor Fax: (512) 463-1849

That is why it is critical that every pet lover in Texas contact the Governor. Let him know that:
• This bill doesn’t target bad breeders but puts responsible breeders out of business.
• HB 1451 will hurt pets and pet owners! If this becomes law, it will be much more difficult to obtain a healthy dog or cat in Texas.
• If this bill becomes law, Texas will have standards that far exceed federal requirements!
• This bill allows private organizations that oppose breeders to enforce the law against breeders!
Also
Sec. 802.059. DOG OR CAT BREEDER TRAINING AND ENFORCEMENT ACCOUNT. (a) The dog or cat breeder training and enforcement account is an account in the general revenue fund. Administrative penalties collected under Subchapter F shall be deposited to the credit of the account.
(b) Funds in the account may be appropriated only to the department for:
(1) promoting consumer awareness of this chapter and rules adopted under this chapter;(2) supporting educational seminars, training activities, or other actions designed to benefit the department's ability to administer and enforce this chapter; and
(3) paying for information resulting in disciplinary action under Subchapter F against a person for acting as a dog or cat

Which means there will be an account that will be used to have commericals and billboards encouraging people to snitch on people and snitches will be paid for their information out of the same account.

Sec. 802.063. INSPECTIONS.(a) The department shall inspect each facility of a licensed breeder at least once in every 18-month period and at other times as necessary to ensure compliance with this chapter and rules adopted under this chapter.
(b) The inspection must be conducted during the facility's normal business hours, and the licensed breeder or a representative of the licensed breeder must be given a reasonable opportunity to be present during the inspection. (c) If necessary to adequately perform the inspection, the department or third-party inspector may determine it is appropriate to not provide advance notice to the licensed breeder or a representative of the licensed breeder before arriving at the facility. The licensed breeder or its representative shall, on request of an inspector, assist the inspector in performing the inspection.
(d) In conducting an inspection under this section, an inspector may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of the animals. The inspector may request that relevant documents or records be provided for inspection.

How long is a "reasonable opportunity"? Then if necessary they dont have to tell you that they are coming in advance. So do you still get a "reasonable opportunity" to be present? If so how long is reasonable to an inspector who deemed it necessary to show up unannounced. Very troubling, they can show up unannounced and enter your home with little or no notice to the homeowner to be present. A definite violation of our 4th amendment rights.

 

The Governor has until 6/19/2011 to sign or veto bills from this the 82nd Legislature. Since HB 1451 passed with a 2/3 vote in the Senate and was signed by both the House and Senate it does not need the Governor's signature. Therefore, he must veto the bill to keep it from becoming LAW.

Current Information:

The information below comes from Zandra Anderson at Texasdoglawyer.com

HB 1451 (Breeder Bill)
This bill is currently awaiting the signature of the Governor. When signed, it becomes effective immediately but breeders do not have to obtain a license until September 1, 2012.
1. The law applies to someone who:
1. Possesses eleven intact females, and
2. Who “sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year.”
This amendment narrows who it applies to by adding a puppy limit in addition to the eleven intact females provision. Note that to qualify as a breeder both requisites must be met since the law is written conjunctively (with the use of “and”).
The law does not apply to someone possessing ten or less intact dogs. Similarly, the law does not apply to someone who sells or offers to sell 19 or less puppies. Therefore, a person could possess ten intact females that produce fifty puppies and the law would not apply. Likewise, a person could possess fifteen intact females, but if only ten puppies are sold, the law does not apply.
This bill provides that there is a presumption that anyone possessing this many intact females is indeed using them for breeding. The onus is on the possessor of the animals to prove otherwise.
2. There is an exemption for “special purpose dogs” that are “bred with the intent that it be used primarily for”
a. Herding or other agricultural purposes;
b. Hunting including tracking, chasing, pointing, flushing or retrieving game, or
c. “Competing in field trials, hunting tests, or similar organized performance events.”
This amendment broadened the hunting exemption to including tracking and chase dogs. It added an exception for dogs that participate in hunting tests and other similar organized performance events. Notably, the dogs have to bred “primarily” for this use instead of “exclusively” for the use as in the original amendment.

Copied and pasted from RPOA:

Dear Governor Perry,

HB 1451 was not written for Texas and is being steamrolled all across the
country by HSUS, an animal “rights” organization. In 2005 HSUS failed to
get PAWS, a federal bill, passed to license every dog breeder in the U.S.
and vowed to take it to the states. Senator Rick Santorum sponsored the
HSUS bill and lost his next election.
HB 1451 is a very controversial bill and was defeated last session. Texas
Humane Legislation Network (THLN) is the Texas lapdog for HSUS
and responsible for the extreme animal “rights” legislation we face each
legislative session.
Last November’s elections have shown that voters want an open transparent
government and we certainly didn’t see that with this bill. The bill was
rammed through by Rep. Thompson and Senator Whitmire – same sponsors as last
session. Every legislative rule in the book was broken; meeting notice
requirements suspended, etc. Allegedly Rep. Thompson threatened to block
any bills from going through her Local & Consent Calendar Committee if
legislators didn’t support her bill. The vote was corrupted!
Every legislator who voted “Aye” on HB 1451 has been recorded and will be
publicized extensively through many web sites in Texas and elsewhere.
President Cile Holloway, Texas Humane Legislation Network, has
publicly stated they wanted to get “anything” passed this session and come
back later. Senator Whitmire said the bill will be back next session. HB 1451
is only the beginning — not the end.
“The standards adopted under this section must at a minimum meet federal
USDA regulations.” The only breeders who can meet these standards are the
existing 36 USDA licensed facilities in Texas. There will be no more
breeder licenses sold unless expensive new facilities are built. With pet
stores banned in Austin and El Paso, the handwriting is on the wall.
The exemptions hastily added to the bill at the last minute are meaningless
and will have to be defined in the court system. Dogs “bred for hunting,
herding, tracking, chasing, pointing, flushing, or retrieving game,
competing in field trials, hunting tests, or similar organized performance
events” is ambiguous and not defined anywhere.
Selling any puppies from those litters as family “pets” is questionable.
Since the Breeder License is renewed annually, a dog that qualifies one year
may not qualify in subsequent years. The rules are yet to be written by an
Advisory Committee which will undoubtedly be stacked with THLN members.
Della Lindquist, an attorney with Texas Department of Licensing & Regulation
(the agency that helped write and will interpret/enforce the law) has been
exposed as an Austin animal “rights” extremist.
The bill refers only to “dog and cat breeder” now with all reference to
“commercial and high volume breeder” removed. It was always meant to apply
to show dog and cat breeders and exhibitors. There is no legal definition
of a “Puppy Mill.”
This legislative session has seen bills filed to eventually end ALL dog and
cat breeding, sterilize every dog and cat in the state and establish a “Pet
Abuser Registry” to elevate animals to human status as in a “Sex Offender
Registry.” It doesn’t take a rocket scientist to see their radical agenda.
Thank you for taking the time in this extremely important matter.
Sincerely,
___________________________________________
Please contact Governor Perry every day in every way! Ask him to “VETO HB
1451!” Send the same message everyday!!!
Go to http://governor.state.tx.us/contact/ and click on
“Registering Opinion” and send your opposition email. Copy and paste
anything you wish from this alert.
Telephone: Opinion Hotline [for Texas Callers] (800) 843-5789
Second Citizens Opinion Hotline [for Texas Callers] (800) 252-9600
Opinion Hotline for Out-of-state Callers: (512) 463-1782
Office of Governor Main Switchboard [8:00 a.m. To 5:00 p.m. CST] (512) 463-2000
Office of Governor Fax: (512) 463-1849
Alternate Fax: (512) 463-1843