HB 1451
<http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1451>



House Bill that Treats Sporting Dog Breeders Like Puppy Mills Moves to Senate Committee


Continued calls needed!
5/5/11

Legislation that would allow searches of the homes of the owners of sporting dog breeders without probable cause, or even a search warrant, is one step closer to becoming law. House Bill 1451, the so-called “puppy mill” bill introduced by Rep. Senfronia Thompson (D- Houston), has been assigned to the Senate Committee on Criminal Justice. No hearing dates have been set.

Texas sportsmen and sporting dog owners must act now to protect the future of sporting dogs within the state. USSA will alert sportsmen and sporting dog owners once the bill has been scheduled for a hearing.

The bill, which was recently forced through the House of Representatives with little opportunity for public input, is a serious threat to the existence of sporting dog kennels and hobby breeders. House Bill 1451 does the following:

* Classifies sporting dog kennels or hobby breeders who have 11 female dogs that have not been spayed to be classified the same as a huge commercial dealer if they sell just two dogs.
* Charges kennel license fees likely to be at least $1,300 per kennel even for hobby breeders who hardly ever sell dogs.
* Creates an unelected commission to create kennel construction requirements, record keeping requirements and other expensive red tape that hobby breeders cannot afford because their primary purpose is not to sell dogs.
* Allows for unannounced inspections of kennels and the homes of their owners if they keep their kennel records on a computer inside their house.
* Allows for the inspection of records within a home without any suspicion of wrong doing or even a search warrant.
* Threatens to drive sporting dog kennels and hobby breeders out of business because they do not have the commercial revenue to offset high fees, and expensive regulations.
* Discloses personal information about dog breeders to the public by creating a public directory containing information on all registered breeders.

That is why the US Sportsmen’s Alliance along with the Masters of Foxhounds Association, American Kennel Club (AKC), American Brittany Club, Texas Wildlife Association, Texas Dog Hunters Association, and the United Kennel Club (UKC) oppose House Bill 1451. Click here <http://www.ussportsmen.org/page.aspx?pid=2728> to see a full list of local, state, and national organizations already opposing House Bill 1451.

“Treating hobby breeders the same as commercial operators is like treating the neighborhood lemonade stand the same as the Wal-Mart Super Center,” said Jeremy Rine, U.S. Sportsmen’s Alliance associate director of state services. “It makes no sense. And it is not fair because no one has shown that sporting dog kennels are abusive. The cost of this bill is abusive, however, to sportsmen because it will result in kennels being run out of existence.”

Take Action! Texas sportsmen should call their state senators today and ask them to oppose House Bill 1451. Tell them the bill unjustly treats sporting dog and hobby breeders as large commercial breeders, allows for warrantless searches of homes, and creates unnecessary, costly new regulations that could put many of these breeders out of existence.

To find your state senator’s contact information, visit the USSA Legislative Action Center at <http://www.ussportsmen.org/LAC> www.ussportsmen.org/LAC.



Senate Committee on Criminal Justice (C590) Clerk: Michaela Bernacchio
Legislature: 82(R) - 2011 Phone: (512) 463-0345 <tel:%28512%29%20463-0345>
Appointment Date: 1/19/2011 Room: SHB 470




Position Member
Chair: Sen. John Whitmire <http://www.senate.state.tx.us/75r/senate/members/dist15/dist15.htm>
Vice Chair: Sen. Joan Huffman <http://www.senate.state.tx.us/75r/senate/members/dist17/dist17.htm>
Members: Sen. John Carona <http://www.senate.state.tx.us/75r/senate/members/dist16/dist16.htm>
Sen. Rodney Ellis <http://www.senate.state.tx.us/75r/senate/members/dist13/dist13.htm>
Sen. Glenn Hegar <http://www.senate.state.tx.us/75r/senate/members/dist18/dist18.htm>
Sen. Juan Hinojosa <http://www.senate.state.tx.us/75r/senate/members/dist20/dist20.htm>
Sen. Dan Patrick <http://www.senate.state.tx.us/75r/senate/members/dist7/dist7.htm>

Y'all, there's been a group of us battling this so-called 'Puppy Mill Bill' for some time, but it's pushing through unless there is a huge outcry from the public. As you can see, it does NOT target puppy mills, it targets any breeder and even many trainers. For those that are able to remain in business, should this bill pass, the astronomical expenses of breeding dogs associated with this bill will exponentially increase the cost of buying a puppy (good hunting buddy.)

Please don't be complacent about this, it WILL hurt all of us who hunt with dogs. Call or email every member on the committee, as well as your district representative, today! Heck, ask friends and family to call, too!

I let them hear from me again. Hopefully enough people will step up and try to stop this from becoming law.

Why cant they realize that there is no need for another bill. They have laws on the books that were supposed to end the puppy mills, its more a case of standing behind what they already have and taking action. There is no benefit that will come from this bill, I guarantee that a puppy mill isn't going to come forward and pay the fees. It will only be the reputable breeders who are hurt.

UPDATE!

Public Hearing Set For Bill Treating Sporting Dog Owners As “Puppy Mills”

Sportsmen and sporting dog owners should plan to attend and voice their opposition!

A public hearing has been set for House Bill 1451 which would treat many sporting dog and hobby breeders the same as so-called “puppy mills” and could put many sporting dog and hobby breeders out of existence. Sportsmen and sporting dog owners should plan on attending to voice their opposition to House Bill 1451.

The hearing will take place this Thursday, May 12th at 1:30 p.m. and will be held in Room 2E.20 (Betty King Committee Room) at the Capitol in Austin.

House Bill 1451 would:

Classify sporting dog kennels or hobby breeders who have 11 female dogs that have not been spayed to be classified the same as a huge commercial dealer if they sell just two dogs.

Charge kennel license fees likely to be at least $1,300 per kennel even for hobby breeders who hardly ever sell dogs.

Create an unelected commission to create kennel construction requirements, record keeping requirements and other expensive red tape items that hobby breeders cannot afford because their primary purpose is not to sell dogs.

Allow for unannounced inspections of kennels and the homes of their owners if they keep their kennel records on a computer inside their house.

Allow for the inspection of records within a home without any suspicion of wrong doing or even a search warrant.

Threaten to drive sporting dog kennels and hobby breeders out of business because they do not have the commercial revenue to offset high fees, and expensive regulations.

Disclose personal information about dog breeders to the public by creating a public directory containing information on all registered breeders.

Take Action! Sportsmen and sporting dog owners should plan on attending Thursday’s hearing and testify in opposition to House Bill 1451. Those unable to attend should call their state senator and ask them to vote no on House Bill 1451. To contact your senator, visit the U.S. Sportsmen’s Alliance Legislative Action Center at <http://capwiz.com/ussportsmen/home/> www.ussportsmen.org/lac.

For more information, contact the U.S. Sportsmen's Alliance at 614-888-4868 or email <mailto:info@ussportsmen.org> info@ussportsmen.org

U.S. Sportsmen's Alliance
801 Kingsmill Parkway
Columbus, Ohio 43229
614-888-4868
www.ussportsmen.org
info@ussportsmen.org

I called my senator & asked him to vote no on HB 1451.

Thanks for being proactive, CC. Calling your senator will be very helpful if this bill makes it to the senate. You might also want to contact your representative, since it is an HB, meaning house bill and being heard before the Texas House of Representatives.

Folks, often times testimony can be faxed or emailed, too! I would suggest calling or writing the sportsman's alliance to find out who is taking testimonies for folks that can't be in Austin on the 12th.

I personally support this bill. I think "hobby" breeders are a joke, more times than not they lack respect for the animals and only clutter our citys with more unwanted animals that are forced into euthanization.

I can see boths sides of it, and there are some good people that will be effected by this bill. I think it's targeting the breeders that have 11+ females because the state doesn't see that as "hobby" the answer is simple drop to <10 females to comply.

-Matt

You need to read the bill. I'd be classified as a 'hobby breeder' and I certainly don't fit into your sweeping, indiscriminate generalization of such.

So, to 'drop to <10 females' as you propose, do I tell the owners of the females I'm training to come get their dogs when I hit 11?

mnsherick
How could you support a Bill that violates our Fourth Amendment?

The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures.

HB 1451 is not written to regulate dog breeders in Texas. It
is written to eliminate them.

Iron Spikes:

I don't see trainers/breeders with 11+ females as hobby, I see that as industry.


Kindall:

I can agree that makes it a touchy subject. However the customers are the ones to benefit from this because it's an "attempt" (even if a poorly improvised one) to regulate the dog industry.

I don't see it as a blantant violation of the 4th because it's requiring a commision to regulate the breeders/trainers and as such they will be charged a fee and will be registered with the state. So it's not going to allow unwarranted search as wildly depicted in the paragraph above.

I see the need for distinction between "breeder" and "trainer" and a different classification for each. There is a lot of money in both these industries and the state is attempting to tap into it, and I don't agree with that portion of the bill.

-Matt

The UKC is on our side, they sent me a post card with my senators phone number on it. Made it easy for me to voice my opinion & the lady I talked to said she had received many calls yesterday voting against it. It doesn't really affect me except that it could cause the price of a pup to skyrocket. I dont plan to ever have 10 + females at a time & if I did I would just build a kennel next door on my "mom & dads property".

But where would you keep the records for your registration papers, immunizations?
Most likely at your house.

If I dont have more than 10 females, I dont have to worry about that right? I would have 9 on my property & the others would be on another property so they wouldn't count if I am understanding this correctly. The fact is, I wont ever have more than 3 or 4 females at a time, I was just hypothetically speaking (or typing). Either way this sucks & I hope it don't pass.

Once the bill is law, it's pretty easy to change the number from 11 to 7 then 4 then 1 or 2. There are already laws on the books about animal cruelty. The legitimate breeders will comply and charge lots more for puppies and the puppy mills will keep on doing what they are doing. Unwarranted search is unconstitutional and the establishment of more government offices to implement this bill is NOT something our state needs. Call your Representative and Senator and let them know you're against this!

THANK YOU!!!! This is just 'foot in the door' legislation. That's why when I first posted about this, my post was called "Becoming a Criminal Via My Dogs." I WILL NOT allow ANYONE onto my property to violate my rights. So, while defending my rights, my privacy and the rights of my family members, I will no doubt become a 'criminal.'

Kindall was right - the goal of this bill is to ultimately eradicate dog breeding in the state of Texas.

CC - you might want to look at the fine print - they anticipated this response and provided for it. The bill looks at kennels 'collectively', so regardless of where the kennels are located, if they are the same kennel, they will be subject to this violation of your freedom.

Once again then, you don't understand the bill... "hobby breeder" is not someone who takes on the huge expense, liability and responsibility of breeding and training for free, it is someone who does not breed COMMERICALLY. Supporters of the bill claim they are out to stop 'puppy mills' which churn out litters from 25-50 females per year. That is a far cry from someone who produces 1-3 litters per year.

Dont get me wrong, even though it doesn't affect me directly right now, it may in the future & it does affect several good friends of mine, not to mention the ones here on the forum that it will affect so I am very much against it. Like DoubleB said if they get this past, they can easily lower the amount later. I have had everyone I know call the number that I was provided by the UKC. I have never voiced my opinion on anything like this before, but this one is hitting a little too close to home. If my wife had her way, we would breed & train / sell dogs for a living. I tell her, maybe some day but not if this goes through.

This will not effect those 1-3 litter/year breeders, I think if 10 females isn't enough then you are either in the wrong business or your "hobby" is way out of control.


-Matt

What you don't seem to understand is not all the dogs on the property are used for breeding or even belong to the owner of the kennel. They are there for training. A large amount of these dogs will be intact (not spayed) when they are there. You only have to have custody of or control over the dog, you don't have to own it.

That's the part that most don't get. You just have the dog there temporarily for training & you are considered a puppy mill. It's b.s.

And just how many pups do you have to sell to be commercial? The bill doesn't say. One? Fifty? Nobody knows. Could be one of those things to be set up later, AFTER the bill is passed by the unelected, unmonitored, and probably anonomous committee. Or is it up to the third party inspector to determine? They have it set up so that anybody from animal control to the cops and fire department to any person who completed "training" (to what standards nobody knows, that isn't mentioned either), and yet they still say that it won't cost tax payers money. How does using police and fire departments to inspect private kennels not cost tax money? It's a bad bill. It's way too vague and it leaves too much to be set up later with no supervision.

The way I read it, if you have more than ten females & sell only two pups a year. This is why the dog trainers dont like it, say they only have one or two females & only breed 2-3 litters a year, if they have more than ten females in their kennel being trained, (not breeding, being trained & sending them home) they are considered a puppy mill.

CCBIRDDOGMAN I couldn't find where it states any amount of pups, only female dogs.
But what caught my eye and I already knew before seeing it was the Section.

Sec. 802.059. COMMERCIAL BREEDER TRAINING AND ENFORCEMENT
ACCOUNT.
(d)The department may solicit and accept gifts, grants, and
other donations from any source for deposit into the account.

I'd bet money that the Humane Society of America are the ones that really wrote this bill. They spend more money on lobbying than they ever spend on shelters. And for those of you that don't know the Humane Society is against the breeding of purebred dogs. Its on there website. In essence they are out to get rid of all breeders.

This is the sentence I was referring to, but I just noticed it says dogs not puppies.


* Classifies sporting dog kennels or hobby breeders who have 11 female dogs that have not been spayed to be classified the same as a huge commercial dealer if they sell just two dogs.