Position on Bills Filed

RPOA Texas Outreach

And

Responsible Pet Owners Alliance

The 83rd Session of the

Texas Legislature

Is Now In Session!

There are 19 Bills of concern to Responsible Pet Owners Alliance which will be monitored closely.  Copies of these bills can be found:  www.capitol.state.tx.us

Subscribe to TX RPOA E-News by emailing rpoa@texas.net and say “subscribe!”

 Our Bill Positions may change due to amendments made along the way.

 OPPOSE NINE BILLS AT PRESENT TIME

HB 1331 and SB 408 must be amended to allow the person charged with offenses

to obtain copies of all of their own records from complaints and investigations,

 including the name of the complainant.

COMPANION BILL:  HB 1331 by Stephenson. et al.

Relating to confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.

RPOA:  This bill affects all licensees, not just dog & cat breeders.

 “Shall” MUST replace “may” in Sec. 51.2525, (b) (2) regarding the party being investigated in a complaint having access to their personal investigation information.  TDLR should not be granted discretion in releasing all records to the party being investigated.  It should be mandated in bill language.

 AND COMPANION BILL:  Engrossed Version SB 408 by Carona, has been passed and “received from Senate in House.”  No longer identical.  Sec. 51.2525, (c) (2) must be amended as above with party “shall” and not “may” be given access to their person investigative records at the discretion of TDLR.

Relating to confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.

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 SB 1250 by Carona

Relating to the creation of an office of regulatory best practices in the Texas Department of Licensing and Regulation (TDLR) and the evaluation by the office of proposals by members of the legislature to regulate occupations.

 RPOA:  SB 1250 is a very bad bill, legislating even more power to TDLR for “regulatory best practices.”  Establishes an “office,” appears to circumvent the legislative process itself.  Will recommend regulating occupations or professions not currently regulated.  Regarding currently regulated occupations, can “increase” regulatory requirements.

 SB 654 by West

Relating to the enforcement of water conservation and animal care and control ordinances of a municipality by civil action or quasi-judicial enforcement; providing civil penalties.

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HB 297 by Rodriguez, Eddie

Relating to appeals regarding dangerous dogs.

 RPOA:  HB 297 deals with the Chapter on dangerous dogs, H&S Code sec. 822.0421.

Proposed sec. 822.0423 includes a new provision to impose the cost of keeping the animal on the appellant which is similar to the way they do people in animal seizures.

Proposed section 822.0424 is new and purports to give jurisdiction to county courts and county courts at law jurisdiction of such cases notwithstanding other law.

 All sections in the Health and Safety code should refer to the rules of civil procedure instead of reinventing the procedural wheel.  All of these court procedures already exist and are created by the higher courts and taught to the judges in their judge schools.

 H&S Code 821.025(e) is the section that prohibits appeals higher than county court in dog seizures.

http://www.legis.state.tx.us/Search/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTLO%2fTLO.dbo.vwCurrBillDocs%2f83%2fR%2fH%2fB%2f00297%2f1%2fB%40TloCurrBillDocs&QueryText=hb+297&HighlightType=1

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 HB 1449 by Kuempel, Introduced Version

Relating to licensing and regulation of dog and cat dealers; providing penalties and imposing fees.

 RPOA:  There is a Revised HB 1449 Draft, which hasn’t been filed yet.  Very bad bill, must be killed  -- not filed.  A “Dealer” is any person selling or offering to sell 21 animals (dogs and cats combined) for pets.  There is no way to amend this bill satisfactorily.  This proposed new law does to retailers what dog breeders fought against in HB 1451.    Bill calls for all administration costs to be covered with fees/fines as in HB 1451 with “rules” to be written by Texas Department of Licensing & Regulation (TDLR).  TDLR director Bill Kuntz says he is not adding additional staff.  HB 1449 does not grant the right for a retail pet shop business to exist as PIJAC (Pet Industry Joint Advisory Council) claims.  This is a PIJAC bill, not from HSUS and their associate Texas Humane Legislation Network, as first believed.        

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 HB 3746 by Farrar

Relating to the offenses of cruelty to livestock animals and cruelty to nonlivestock animals.

 RPOA:  This is a repeat of previous Texas Humane Legislative Network (THLN) attempts to add “recklessly” to “intentionally and knowingly” committing an offense.    

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 HB 3747 by Farrar 

Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty; providing a criminal penalty.

 RPOA:  This is a repeat from last session.  Most likely coming from lobbyists for Nanci Alexander and ex-husband Leslie Alexander (Houston Rockets owner) once again.  We killed it last session and it is a major  “animal rights” agenda item.  A Public Animal Abusers List - similar to sex offenders.

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 HB 3748 by Farrar

Relating to the costs associated with proceedings regarding cruelly treated animals; authorizing fees and costs.

 RPOA:   This proposed law creates an unheard of requirement to also pay the government's lawyer in an animal cruelty case.  This requirement exists nowhere in state or federal law.  When the government comes to prosecute, it is at their own expense.

 SUPPORT TEN BILLS AT PRESENT TIME

HB 489 by Menendez

Relating to use of assistance animals that provide assistance to persons with disabilities; providing criminal penalties.

 HB 858 by Lucio III l et al.

Relating to methods used by an animal shelter to euthanize a dog or cat.

 HB 1200 by Taylor, Van

Relating to access to certain facilities by search and rescue dogs and their handlers; providing a criminal penalty.

 HB 1425 by Moody

Relating to definition of property for purposes of stalking.  Adds pets as property.

HB 1469 by Laubenberg

Relating to provisions in protective orders regarding pets and other companion animals; providing a penalty.

HB 2981 by Rodriguez, Eddie  TENTATIVE SUPPORT

Relating to the procedures and duties of animal shelters and rescue organizations; providing penalties.

HB 3592 by Anderson

Relating to animal shelters.

HB 3749 by Farrar

Relating to the guidelines for animal shelters.

SB 360 by Watson

Relating to methods used by an animal shelter to euthanize a dog or cat.

SB 555 by Davis

Relating to provisions in protective orders regarding pets and other companion animals; providing a penalty.