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Support Texas HB1046 here's the TRUTH

Contact your legislators & ask them to support HB1046
ESPECIALLY since HSUS/SPCA/PETA/THLN are busy seizing animals
TX - Support HB1046 - Cruelty Seizure appeal (hearing 3/16/09)Friday, March 13, 2009 10:40 PM
View contact details To: petlaw101@yahoogroups.com“--
THE TRUTH: The OWNER has to pay for the cost of care of the animals if he/she appeals. There are NO more expenses during an appeal to a shelter or local government because they are paid by the OWNER. The owner has post an appeal bond in order to get an appeal. If the owner cannot post the bond, then NO appeal”

Not to nit pick or anything, but I don’t see this as a good thing unless there is a cap put on how much that shelter or local government can charge for this. I have heard of people being bankrupted after being found innocent of animal cruelty charges because of exorbitant “boarding fees” charged by some of these “agencies”.

Also, there should be some kind of safeguard against the “agency” “accidentally” putting any of the animals down. Like maybe having 2 or even 3 vets sign off on a euthanasia before it could happen. These “agencies” all think an animal is better off dead than in the hands of “the ebil BREEDER!!1!1!”, don’t ya know.

Just a couple of suggestions to bring up if anyone can attend. I know it’s better than having no recourse whatsoever, but it’s easier to get a good law passed than to try to change a bad one – as this one is showing us.

Beth, DCR
Support HB 1046: Right of an Appeal in a Cruelty Seizure-- Here's the TRUTH from someone who practices animal law and has represented owners FALSELY accused of cruelty:

If your animals were seized and you were falsely accused of cruelty you get ONE HEARING before ONE judge and the judge decided the fate of your animals FOREVER.

You can face testimony and/or evidence brought AGAINST you from:
1. County/city peace officers who seized your animals
2. County/city animal control
3. County/city attorneys
4. Any humane organization involved
5. Any other witnesses
AND all of this is brought in ONE HEARING before a County/City Judge. IF your animals are awared to a humane organization or ordered killed, you get NO appeal.
You do NOT get a trial, a jury or an appeal. This system is ripe for bias and unfairness.

If your animals are ordered auctioned at public sale, then you get an appeal. Sound SCARY? Well, that's the law.

HB 1046 will give all animal owners in a cruelty seizure case the right of an appeal IF the owner posts an appeal bond to cover the cost of care of the animals.

THLN, PETA & Houston SPCA have sent out similar email alerts with FALSE
information about this bill!! Here is what they say and here is the TRUTH

1. They say: It will make the case have two trials & there will be an entirely new trial---THE TRUTH: The owner NEVER gets even ONE trial, only a HEARING.

2. They say: It will cost shelters, cities and counties greater expense and they won't prosecute cruelty cases-- THE TRUTH:[/color The OWNER has to pay for the cost of care of the animals if he/she appeals. There are NO more expenses during an appeal to a shelter or local government because they are paid by the OWNER. The owner has post an appeal bond in order to get an appeal. If the owner cannot post the bond, then NO appeal.

3. They say: Seized animals are often in hundreds and are usually sick & will suffer--[color=red]THE TRUTH: The vast majority of cruelty seizures do not involve huge numbers of animals. Those are the ones you see on tv. AND, when the animals are seized they receive care right then and can be put down if need
be. Appeals rarely occur in any kind of case. Appeals in extreme cases will be highly unlikely due to the outrageous cost for care.

4. They say: An appeal will drag things out--THE TRUTH: An appeal can be statutorily limited as to when it will be heard just like the hearing so there is a fast resolution. MOST cases are NEVER appealed and won't be if
the law changes, but it gives a person the RIGHT to an appeal IF he/she can post the appeal bond for the care of the animals.

Why the Bill is Good: Support HB 1046:

---HB 1046 protects the animal owner who has been falsely accused and gets railroaded at these hearings.

---The Hearings are often within a day or two after the seizure (can be up to 10 days after the seizure) and the animal owner is racing around trying to find a lawyer which is hard to do when the hearing moves so quickly. So, oftentimes the owner is standing in court alone without representation with a host of people testifying against him. AND, he or she might even have Animal Planet's cameras on them.

---The owners lose and then are shocked to find out that this HEARING forever took their animals away.

---Restores a system of checks & balances by allowing for an appeal.

---Animals are seized BEFORE the owner can present a defense in court, so it is always harder to get something back. The system is tipped against the owner from the outset, so an appeal restores fairness.

---There is a stigma biased against anyone accused of animal cruelty just like someone accused of being a sex offender. Allegations are NOT always true, but the owner starts at a disadvantage. Providing an appeal is a way
to help bring fairness to the process.

Have you ever been accused falsely of anything? Then SUPPORT HB 1046!!

The hearing on this bill is Monday, 3/16/09 , and if anyone would like to attend it will be at the State Capitol in Austin , Room E2-010 at 2:00 pm .

Thank you for keeping an open mind despite the onslought of emails from big humane organizations. I have represented owners falsely accused and their anguish is palpable. You, too, could be in these cross-hairs and it is very scary.
Zandra Anderson
www.TexasDogLawyer. com

Please contact the members of the Judiciary & Civil Jurisprudence Committee
to tell them to SUPPORT HB 1046: FAXES and CALLS are BEST!!!!!

Representatives Email 512- PHONE/ FAX
Todd Hunter (Chair) todd.hunter@ house.state. tx.us 512 463-0672/ 463-2101
Bryan Hughes (Vice-Chair) bryan.hughes@ house.state. tx.us 512
463-0271/463- 1515
Roberto Alonzo roberto.alonzo@ house.state. tx.us 512 463-0408/463- 1817
Dan Branch dan.branch@house. state.tx. us 512 463-0367/322- 9935
Will Hartnett will.hartnett@ house.state. tx.us 512 463-0576/463- 7827
Jim Jackson jim.jackson@ house.state. tx.us 512 463-0468/463- 1044
David Leibowitz david.leibowitz@ house.state. tx.us 512 463-0269/320- 0555
Tryon Lewis tryon.lewis@ house.state. tx.us 512 463-0546/463- 8067
Jerry Madden jerry.madden@ house.state. tx.us 512 463-0544/463- 9974
Armando "Mando" Martinez mando.martinez@ house.state. tx.us 512
463-0530/463- 0849
Beverly Woolley beverly.woolley@ house.state. tx.us 512 463-0696/463- 9333

Clerk: Jennifer Welch Phone: (512) 463-0790
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SKY
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Author of the novel "Follow Jennifer"