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WindDog
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Registered: Oct 2008
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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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WindDog
New UKC Forum Member

Registered: Oct 2008
Location:
Posts: 5

PLEASE TAKE A LOOK AND THEN CROSSPOST!

--- On Fri, 3/13/09, jnoelsagacious <jnoelsagacious@consolidated.net> wrote:

From: jnoelsagacious <jnoelsagacious@consolidated.net>
Subject: [LSATC] SB554 -Dog-fighting water bowl bill - hearing is TUESDAY. P..
To: LSATC@yahoogroups.com[/email]
Date: Friday, March 13, 2009, 11:52 AM

============ ========= ===PERMISSION TO CROSS-POST== ========= ===

SB554 is scheduled for a hearing Tuesday March 17 - please call of fax NOW.

COMMITTEE: Criminal Justice
TIME & DATE: 1:30 PM or upon adjournment
Tuesday, March 17, 2009
PLACE: E1.016 (Hearing Room) 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:

Senate Criminal Justice Committee
Room: SHB 470
201 E. 14th
Austin, TX 78701

RE: OPPOSE SB 554

Dear Chairperson Whitmire, Vice Chair Seliger and Committee on Criminal Justice:

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.

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.
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?
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.
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.
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.
If a dog fighter is convicted, then the equipment described above can already be seized and forfeited.

Respectfully,

____________ _________ _________ _
============ ========= ========= ========= ========= ========= ========= ========= ========= =

Clerk: Vanessa Valdez
Phone: (512) 463-0345

Please contact the members of the committee with your brief and respectful opposition. Especially if you live in their districts - please let them know.

Chair: Sen. John Whitmire (Houston)
Vice Chair: Sen. Kel Seliger (Amarillo-Midland- Odessa)
Members: Sen. John Carona (Dallas)
Sen. Rodney Ellis (Houston)
Sen. Glenn Hegar (Katy)
Sen. Juan Hinojosa (Corpus Christi-McAllen)
Sen. Dan Patrick (houston)

The Honorable John Whitmire
http://www.senate. state.tx. us/75r/senate/ members/dist15/ dist15.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0115
FAX 512-475-3737

The Honorable Kel Seliger
http://www.senate. state.tx. us/75r/senate/ members/dist31/ dist31.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0131
(512) 475-3733 fax

The Honorable Rodney G. Ellis
http://www.senate. state.tx. us/75r/senate/ members/dist13/ dist13.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0113
(512) 463-0006 (fax)

The Honorable John Carona
http://www.senate. state.tx. us/75r/senate/ members/dist16/ dist16.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0116
Fax: (512) 463-3135

The Honorable Glenn Hegar
http://www.senate. state.tx. us/75r/senate/ members/dist18/ dist18.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0118
(512) 475-3736 (Fax)

The Honorable Juan "Chuy" Hinojosa
http://www.senate. state.tx. us/75r/senate/ members/dist20/ dist20.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0120
(512) 463-0229 Fax

The Honorable Dan Patrick
http://www.senate. state.tx. us/75r/senate/ members/dist7/ dist7.htm
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0107
(512) 463-8810 (Fax)



And the last one, to sum it all up.

--- On Fri, 3/13/09, jnoelsagacious <jnoelsagacious@consolidated.net> wrote:

From: jnoelsagacious <jnoelsagacious@consolidated.net>
Subject: [LSATC] SB 1845 STATE WIDE MSN
To: [email]LSATC@yahoogroups.com
Date: Friday, March 13, 2009, 12:49 PM

In summary

Forward message begins
>
> Please cross-post this far and wide! Especially to anyone in Texas.
> Please disseminate to all your club contacts throughout Texas. THIS WAS
> FILED YESTERDAY, and was pretty much under EVERYONE'S RADAR!!! However,
> we have the ability to get information out fast, and this needs your
> immediate attention.
>
> I wanted to bring everyone up-to-date now that I have the complete
> information, or at least I think I do. Section 830.000 and all
> subsections of the above bill are completely NEW language attached to
> the old Section 828. This will provide for STATEWIDE MSN as of
> September 1, 2009 in TEXAS!!!! With basically NO exemptions. Under six
> months, or with a veterinarian' s waiver, or "with a permit" for dogs
> that will be bred. There is a very narrow exemption for show dogs being
> exhibited where they are judged against a breed standard. There are no
> provisions for hunting dogs, or other performance dogs to be left intact
> or for mixed breeds to be left intact. We are not sure if that language
> would exempt them IF they were left intact for the specific purpose of
> breeding, and then the permit would be required. The legislation also
> provides for a $300 permit which is to be issued by the local
> authorities (your local Animal Control...) per intact animal. Read it
> and weep. It was filed on the 11th. The Texas Senate reconvenes
> tomorrow morning at 10am, and the House reconvenes on Monday at 2 pm.
> I'm trying to figure out how to get an agenda for those days, to see if
> this bill will be heard tomorrow.

Texas Legislature Online:
S.B. No. 1845
A BILL TO BE ENTITLED AN ACT
relating to the sterilization of dogs
and cats; providing a penalty.

http://www.legis. state.tx. us/tlodocs/ 81R/billtext/ html/SB01845I. htm

http://tinyurl. com/ad8f5v

and

S.B. No. 1910
A BILL TO BE ENTITLED AN ACT
relating to the licensing and regulation of commercial
dog and cat breeders and the regulation
of dog and cat dealers; providing penalties.
http://tinyurl. com/bw8ee3

http://www.legis. state.tx. us/tlodocs/ 81R/billtext/ html/SB01910I. htm

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