WindDog
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For those in TX - URGENT!!!
Now, we have it too: the statewide bill for mandatory spay/neuter is filed. Exemptions are:- if the animal is a service dog- if the animal can't be altered for health reasons (should be confirmed by the vet)- if the animal is a show specimen actively competing in shows- if the owner buys the permit to own the intact animal at $300. They don't specify if it is a one time or an annual fee.
--- On Thu, 3/12/09, Linda <k9trainer@sprynet.com> wrote:
From: Linda <k9trainer@sprynet.com>
Subject: [HoustonRawFeeders] Fw: SB 1845 - Statewide Mandatory Spay /Neuter (MSN) / Neuter Bill Filed; HB 3180 - Puppy Mill Bill Filed
To: HoustonRawFeeders@yahoogroups.com[/email], Houstonherders@yahoogroups.com, HoustonDogSports@yahoogroups.com, [email]houstondogobedience@yahoogroups.com
Date: Thursday, March 12, 2009, 5:56 PM
CALL - WRITE - EMAIL -VISIT
We MUST stop these things in its tracks. This is the url to take you to the commercial breeder bill, which is a nightmare:
http://www.capitol. state.tx. us/tlodocs/ 81R/billtext/ html/HB03180I. htm
or
http://tinyurl. com/d482qt
And donate to the cause - please!
Linda
in Cypress
----- Original Message -----
Sent: Thursday, March 12, 2009 1:41 PM
Subject: SB 1845 - Statewide Mandatory Spay /Neuter (MSN) / Neuter Bill Filed; HB 3180 - Puppy Mill Bill Filed
OK, gang. A couple of the bills we have been dreading have been filed.
The mandatory spay/neuter (MSN) MSN bill we have been anticipating has been filed. It's short so I've copied it below. Chapter 830 toward the end is the one that will hit us the hardest.
The Puppy Mill bill is 15 letter-sized pages long.
A "commercial breeder" is defined as a person who possesses 11 or more adult (defined as 6 months or older) intact female animals and is engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration. Hobby breeder is defined as a person who possesses fewer than 11 adult intact female animals and is engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration. Criminal background checks will be required of a license applicant.
The bill has provisions allowing for requirements and standards pertaining to insurance requirements, (at least) annual inspections (by a veterinarian not affiliated with the licensed commercial breeder, a local animal control authority, or a humane society agent), annual reports, rules providing for (but not limited to) the proper feeding, watering, housing, care, grooming, treatment, transportation, and disposition of dogs and cats; and standards for exercise, grooming, socialization, and staffing.
The commercial breeder may not possess more than 50 intact adult animals at any time.
The bill would prohibit the sale, transport into, out of, or within the state an animal that is less than 12 weeks of age for a direct or indirect sale or for an exchange in return for consideration.
The bill also provides for some provisions I've seen in lemon law bills in other states pertaining to health inspection of a puppy before and after sale, guarantees, etc.
The RPOA lobbyist will be critical to our efforts to defend ourselves.
If you haven't donated yet for the RPOA lobbyist and other lobbying expenses, please consider doing so now.
Donations may be made by PayPal at: www.rpoatexasoutrea ch.org (more information on the website)
or by mail: RPOA Texas Outreach, 900 NE Loop 410 #311-D, San Antonio, TX 78209.
More to follow.
Thanks in advance for your time and efforts.
/Carol Williamson
81R7481 JSC-D
By: Van de Putte
S.B. No. 1845
A BILL TO BE ENTITLED
AN ACT
relating to the sterilization of dogs and cats; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 828, Health and Safety
Code, is amended to read as follows:
CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
SECTION 2. Section 828.002, Health and Safety Code, is
amended to read as follows:
Sec. 828.002. REQUIREMENTS FOR ADOPTION. (a) Except as
provided by Subsections (b) and (c) [Section 828.013], a releasing
agency may not release a dog or cat for adoption unless the animal
has been sterilized [or the release is made to a new owner who signs
an agreement to have the animal sterilized].
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the
animal should not be sterilized for health reasons; or
(3) that is a service animal.
(c) This section does not apply to an animal that is claimed
from a releasing agency by a person who already owns the animal if:
(1) the animal is exempt under Subsection (b);
(2) the animal is a purebred animal displayed at a
competitive exhibition to determine how well it physically conforms
to an established breed standard; or
(3) the owner holds a permit for the animal issued
under Section 830.003.
SECTION 3. Section 828.0035, Health and Safety Code, is
amended to read as follows:
Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
The State Board of Veterinary Medical Examiners shall:
(1) develop information sheets regarding surgical or
nonsurgical sterilization to be distributed by a releasing agency
to a new owner; and
(2) adopt rules requiring a dog or cat [an animal] that
has been sterilized [under this chapter] to receive an
identification marker in a manner authorized by the board.
SECTION 4. Section 828.012(a), Health and Safety Code, is
amended to read as follows:
(a) Surgery or nonsurgical sterilization of a dog or cat
[performed in accordance with this chapter] must be performed by a
veterinarian or a full-time student of an accredited college of
veterinary medicine as provided by Chapter 801, Occupations Code.
SECTION 5. Title 10, Health and Safety Code, is amended by
adding Chapter 830 to read as follows:
CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO
STERILIZE
Sec. 830.001. DEFINITIONS. In this chapter:
(1) "Sterilization" means the surgical removal of the
reproductive organs of a dog or cat or the use of nonsurgical
methods and technologies approved by the United States Food and
Drug Administration or the United States Department of Agriculture
to permanently render the animal unable to reproduce.
(2) "Veterinarian" means a person licensed to practice
veterinary medicine by the State Board of Veterinary Medical
Examiners.
Sec. 830.002. STERILIZATION REQUIRED. (a) Except as
provided by Subsection (b), a person who owns a dog or cat shall
have the animal sterilized.
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the
animal should not be sterilized for health reasons;
(3) that is a service animal;
(4) that is a purebred animal displayed at a
competitive exhibition to determine how well it physically conforms
to an established breed standard; or
(5) for which the owner holds a permit issued under
Section 830.003.
Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold
an intact animal permit issued by the appropriate local animal
control authority for each dog or cat the person keeps unsterilized
for breeding purposes.
(b) An animal control authority shall charge a fee for the
issuance of a permit under this section in the amount of $300.
Sec. 830.004. CRIMINAL PENALTY. A person who violates
Section 830.002 commits a Class C misdemeanor. Each animal that a
person owns in violation of that section is a separate offense.
SECTION 6. Sections 828.003, 828.004, 828.005, 828.006,
828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health
and Safety Code, are repealed.
SECTION 7. This Act takes effect September 1, 2009.
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