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-- Texas HB1147 "dog bowl" Action Alert (http://forums.ukcdogs.com/showthread.php?threadid=266456)

Texas HB1147 "dog bowl" Action Alert

HB1147 is scheduled for a hearing at 8:00 AM, Monday, March 30, 2009 - please call or fax NOW.
Companion bill is SB 554 which was approved by the Senate committee 7 to 0.
COMMITTEE: House Criminal Jurisprudence (see schedule here)
8:00 AM, Monday, March 30, 2009
PLACE: JHR 120 State Capitol, Austin

Attorney Zandra Anderson has provided the following legal analysis and talking points.

What these bills mean:

HB 1147 & SB 554 (Possession of alleged dog fighting equipment criminalized)
Frost (Criminal Jurisprudence); Whitmire (Criminal Justice)
1. Under this bill it would become a crime to possess dog fighting equipment with the intent that the equipment be used to train a dog for fighting or is used in the furtherance of dog fighting. This would become a Class A
misdemeanor punishable by up to one year in jail and up to a $4000 fine.
2. Dog fighting equipment is defined to include a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen.

======================
Sample Letter / Talking Points:

House Criminal Jurisprudence Committee
EXT E2.112
P.O. Box 2910
Austin, TX 78768-2910

RE: OPPOSE HB1147

Dear Chairperson Gallego, Vice Chair Christian and Committee on Criminal
Jurisprudence:

SB 554 criminalizes the ownership of items that are common to many dog owners, but especially to those who engage in activities such as hunting, dog sports and dog shows. While I support the prosecution of the crime of dogfighting, the language is vague and will result in people being falsely accused. In the vast majority of dogfighting cases, the dogs are destroyed prior to a trial or even a conviction. Owners who are falsely accused suffer
devastating financial and emotional losses and can never get their dogs back.

a.. All dog owners possess at least some of the equipment in this bill, and many dog owners possess most of the equipment such as a harness, treadmill, cage for a dog, a pen for a dog, feeding apparatus (a dog bowl)
and training pens.
b.. While possession of these items to be a crime is linked to intent to train dogs to fight or in the furtherance of dog fighting, that is very
vague. There is no definition of what constitutes intent. How do you prove intent?
c.. Merely possessing this equipment does not mean that someone has the intent to train a dog to fight or that the equipment is used in the
furtherance of dog fighting.
d.. Because someone has a dog bowl, does this mean they have the intent to fight a dog? This bill would open the door for unfairly prosecuting a person who legitimately owns American Pit Bull Terriers or other similar dogs.
e.. Legitimate dog trainers of all breeds use treadmills to exercise their dogs particularly when the weather is bad, and in no way indicates training of fighting dogs.
f.. If a dog fighter is convicted, then the equipment described above can already be seized and forfeited.
Respectfully,

====CONTACT INFO======

Clerk: Andrew Cates
Phone: (512) 463-0768
EXT E2.112
P.O. Box 2910
Austin, TX 78768-2910

Please phone and/or fax ALL of the members especially if you live in their
district. If you live in a member's district, please let him or her know.
Find out who represents YOUR district: http://www.fyi.legis.state.tx.us/

Rep. Pete Gallego, Chair
http://www.house.state.tx.us/members/dist74/welcome.htm
(512) 463-0566
(512) 236-9408 Fax

Rep. Wayne Christian, Vice Chair
http://www.house.state.tx.us/members/dist9/welcome.htm
District: Center
(512) 463-0556
(512) 463-5896 Fax
(877) 839-2709 Toll Free

Rep. Allen Fletcher
http://www.house.state.tx.us/member...30/fletcher.php
District: Harris County (Part)
(512) 463-0661
(512) 463-4130 Fax

Rep. Terri Hodge
http://www.house.state.tx.us/members/dist100/hodge.php
District: Dallas
(512) 463-0586
(512) 463-8147 Fax

Rep. Carol Kent
http://www.house.state.tx.us/members/dist102/kent.php
District: Dallas
(512) 463-0454
(512) 463-1121 Fax

Rep. Robert Miklos
http://www.house.state.tx.us/members/dist101/miklos.php
(512) 463-0464
(512) 463-9295 Fax

Rep. Joseph E. Moody
http://www.house.state.tx.us/members/dist78/moody.php
District: El Paso
(512) 463-0728
(512) 463-0397 Fax

Rep. Paula Pierson
http://www.house.state.tx.us/members/dist93/pierson.php
District: Arlington
(512) 463-0562
(512) 463-2053 Fax

Rep. Debbie Riddle
http://www.house.state.tx.us/members/dist150/riddle.php
(512) 463-0572
(512) 463-1908 Fax

Rep. Allen Vaught
http://www.house.state.tx.us/members/dist107/vaught.php
District: Dallas
(512) 463-0244
(512) 463-9967 Fax

Rep. Hubert Vo
http://www.house.state.tx.us/members/dist149/vo.php
District: Houston
(512) 463-0568
(512) 463-0548 Fax

__________________
SKY
___________________
Author of the novel "Follow Jennifer"

Dogs aren't drugs. This concept of paraphernalia in dogs is absurd. What the hell is a "feeding apparatus"? A dog bowl? Whoa baby lookout! Let this junk fly and watch the flood come crashing down on us. They wrap this language into a "dogfighting" bill knowing that the masses will not vote against it. Its political suicide if they do. The above equipment don't mean jack. Its upto them to prove you are fighting dogs. If you don't have banged up dogs, you aren't fighting them, period. Everything else is as a result of the times they have been embarassed in a criminal court and they have falsely accused someone.

Do you think emails will help? Been emailing since my fax died.

__________________
Jessica McRae
3 Color Kennel
Treeing Walker Coonhounds and German Shepherd Dogs