Two posts from AKC. Sorry to clog this site, but if you hunt with a dog in Texas, please contact your State Representative, State Senator, Texas Speaker of the House, Lt. Governor and Rick Perry.
Dear AKC Delegates, Judges, Club Officers and Breeders,
Please forward this information to your club members in Texas as soon as possible.
Two House bills that place unreasonable burdens on responsible Texas dog owners and breeders but do not improve animal welfare made significant progress in the Texas House last week.
House Bill 1451, which would regulate and define as a commercial breeder those who own 11 or more intact female dogs or cats, has been approved by House Committee on Licensing and Administrative Procedures and has been placed on the Local, Consent and Resolutions Calendar for Thursday, April 14th. This calendar is for noncontroversial, unopposed bills. It is not reasonable that HB 1451, which had significant opposition in committee, be considered on this calendar. It is crucial that responsible breeders and owners call their Representatives and ask to have this pulled off the calendar for a full vote of the House.
A procedural move to suspend House rules last week to enabled the House County Affairs Committee to hear House Bill 2116, another bill regulating owners and breeders, without notice of a public hearing. Although HB 2116 was left pending in committee, we expect the author to introduce a substitute bill shortly and ask for an immediate vote on this legislation.
Responsible breeders and owners are urged to immediately call or email their representative in the Texas House and ask him or her to oppose HB 1451 and HB 2116.
Click here and type in your address to find the name and contact information for your State Representative.
The American Kennel Club strongly supports humane treatment of dogs, including an adequate and nutritious diet, clean water, clean living conditions, regular veterinary care, kind and responsive human companionship, and training in appropriate behavior. The AKC also supports reasonable and enforceable laws that protect the welfare and health of purebred dogs and do not restrict the rights of breeders and owners who take their responsibilities seriously.
To read the AKC’s letter on House Bill 1451 please click here.
To read the AKC’s letter on House Bill 2116 please click here.
Provisions of House Bill 1451
Defines a breeder as anyone who possesses 11 or more intact females.Simply owning a certain number of intact dogs does not indicate a large-scale breeding operation. This definition may encompass many small hobby breeders or sportsmen who produce only one or two litters a year.
Mandates an unannounced inspection by the Texas Department of Licensing and Regulation (TDLR), or their designee every 18 months. Due to the low thresholds in the bill, many of the breeders who will be licensed are not commercial operations and do not have regular business hours. Often, these people utilize their homes to breed their dogs. The AKC believes that to ensure that privacy and due process rights are protected, inspections, especially of private residences, should be performed pursuant to a warrant. Further, as these inspections are unannounced, it is unclear what would happen if a breeder is not at home when an inspector has gone to the expense of traveling to visit them.
Allows TDLR to charge an unspecified fee for licensure and inspection. The measure says fees should cover the cost of establishing and implementing an inspections program. HB 1451 further allows a tiered licensing schedule based on the number of dogs owned, but the cost may be excessive for someone who breeds only a litter or two a year. The fiscal note anticipates that this program will cost over $1.3 million to implement, with the full cost borne by the breeders. If the board’s estimate of one thousand breeders is close to accurate (and we believe this number to be high), then individual licenses are likely to cost thousands of dollars annually.
Requires an annual veterinary examination.This is burdensome for breeders in rural areas who have to transport their animals to a veterinarian. It also forces the breeder to spend money on healthy animals when the funds would better be used to care for animals with health concerns and to maintain and improve facilities. Parents are not required to have their children seen by a physician annually, nor are farmers and ranchers whose animals enter our food supply required to have annual veterinary examinations of each animal. This provision is costly and strips owners of their right to decide what care is best for their animals.
Establishes a public database of licensees and disciplinary actions. The thresholds in this bill are so low as to include many who breed dogs in their homes. It is unreasonable for a small breeder to be required to post their name, address and other personal information on a public registry.
Reposting from AKC Government Relations e-mail:
The American Kennel Club Government Relations Department has just learned that House Bill 1451, which seeks to establish extensive regulations for dog breeders, has been rushed through committee and will likely be considered by the House of Representatives any day. It is imperative that all responsible dog owners and breeders in Texas contact their State Representative and ask them to oppose House Bill 1451.
Click here and type in your address to find the name and contact information for your State Representative.http://www.house.state.tx.us/resourc...tions/#who_rep
The AKC strongly supports the humane treatment of dogs, including providing an adequate and nutritious diet, clean living conditions, regular veterinary care, kind and responsive human companionship and training in appropriate behavior. However, as currently written, House Bill 1451 imposes numerous regulations that would not improve the health and welfare of dogs, but would violate the rights of responsible breeders at great expense to Texas taxpayers.
Summary:
As amended by the House Licensing & Administrative Procedures Committee,
http://www.legis.state.tx.us/tlodocs...avpanes=0House Bill 1451 contains numerous provisions of concern, including, but not limited to:
Broad, vague definition of “dog or cat breeder” – As currently written, this is defined as anyone who owns 11 or more intact females over 6 months of age and “is engaged in the business of breeding…” Since there is no time frame, this could apply to anyone who has owned a total of 11 or more intact females over 6 months of age at any time, even if they are not currently breeding their animals. The bill states that it is presumed an intact female is kept for the purpose of breeding unless the owner can prove based on breeding records or other evidence that they are not breeding. This means that a person would be required to get a license and be subject to unannounced inspections of their private homes unless they can prove to the satisfaction of the state that they are not, in fact, breeding dogs or cats for sale.
Establishment of licensing regulations and fees by rule – The license fees and many other provisions of this bill will be determined through the regulatory process. The commission is permitted to establish fees necessary to cover the cost of enforcing these laws and regulations. However, the fiscal note attached to this bill indicated that it will cost the state at least $1.3 million to administer the program for the first year. Even if the state’s projections regarding the number potential licensees is correct, this could mean fees of over $1,000 per licensee. The AKC believes that a cap needs to be placed on these fees to ensure that they remain reasonable for licensees.
Latest news is that this bill is being fast tracked this week to avoid a floor vote.
Contact your Texas Representative and Senator ASAP and AGAIN. Subject Line: OPPOSE HB 1451.
Let them know that you believe Rep. Senfronia Thompson (D-Houston) is abusing her role as Chair of the House Local and Consent Calendar Committee at the behest of HSUS to avoid a floor vote. HB 1451 affects every dog breeder in Texas and everyone who owns a Texas bred dog.
If she succeeds in a Committee vote THIS WEEK, the bill moves forward without our Representatives even knowing about it until it is too late.
Also, contact the Speaker of the House
http://www.house.state.tx.us/members...121&session=82 and Lt. Governor
http://www.ltgov.state.tx.us/contact.php and let them know that you OPPOSE HB 1451 and other efforts to limit our rights to own and love dogs in Texas. Tell them to step in and take control of these seedy attempts by non-Texans to influence our State government.
If you are from out of state, contact the Speaker and Lt. Governor and tell them you are ashamed of Texas and will not support national dog events in Texas if this legislation passes.
I own a dog(s), and I vote.
Thanks for "listening."
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Rex Gibson
Brazosport Retriever Club
Greater Houston Golden Retriever Club