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END OF 78TH LEGISLATIVE SESSION UPDATE
Best Session to Date for Animals in Texas !


Although this legislative session has been the most difficult (filled with dozens of non-animal friendly bills), most time consuming, and most expensive session to date for the Network, we are thrilled to report its results should prove to be the most successful session for animal protection laws in Texas! Never in the history of this organization have we seen such coming together of people and organizations from all over Texas and the rest of the nation to work to promote animal protection! Please see the results of our combined efforts below:


Bills Successfully Passed

SB 572 (Companion bill HB 1115)- This bill limits the acceptable methods of euthanizing dogs and cats in animal shelters to one of two universally recognized humane methods - sodium pentobarbital injection and commercially compressed carbon monoxide. It also provides that all other animals be euthanized only by methods approved and recommended by the American Veterinary Medical Association. In addition, it mandates that all shelter staff performing euthanasia be trained. Authored by Sen. Chris Harris of Fort Worth and Rep. Will Hartnett of Dallas.

HB1119 (Companion bill SB 1528) - This bill makes the seizure of cruelly treated animals much easier and less expensive for animal welfare/control agencies by 1) expanding the government officials who can apply for a seizure warrant to include all peace officers; 2) allowing magistrates to issue a seizure warrant; 3) requiring an owner found to have cruelly treated his animals to pay all costs associated with the case (court, investigation, witnesses, and housing and care of the animals); and 4) limiting the number of appeals. Authored by Rep. Toby Goodman of Arlington and Sen. Kim Brimer of Fort Worth.
(When this bill went over to the Senate, an unfriendly amendment was placed on the bill that would have repealed the "Loco Law", a law passed two years ago that made aggravated acts of animal cruelty felony offenses versus class A misdemeanors. If we had not defeated the amendment, all aggravated acts of animal cruelty would have been reduced back to class A misdemeanors. )





Bills Successfully Defeated

SB 1086 (Companion bill HB 937) - If either of these bills had passed, animal impoundment facilities in 210 of 254 counties in Texas would have been exempt from the minimum humane standards for animal care and housing established by the Texas Department of Health. With defeat of this bill, ALL municipal and county impoundment facilities in Texas must comply with the TDH standards, giving shelter animals a decent place to go and be cared for prior to adoption or euthanasia. This bill would have negatively affected hundreds of thousands of animals each year! Authored by Rep. David Farabee of Wichita Falls and Sen. Todd Staples of Palestine

HB 1324 and the Horse Slaughter Amendment to SB 1413 - This House bill and the House Amendment to SB 1413 would have decriminalized horse slaughter for human consumption in Texas. (Please see "What's Next in the War Against Horse Slaughter") Authored by Rep. Betty Brown of Kaufman - the House Amendment was put on by Rick Hardcastle of Vernon.

HB 433 - Known as the "Animal Rights -Ecological Terrorism Bill," this bill would have made a mockery of the constitutional rights to freedom of speech, association and assembly. If passed, this bill would have criminalized legitimate political and social protests, demonstrations, civil disobedience and debate by animal or environmental advocates. Authored by Rep. Ray Allen of Grand Prairie.

HB 1516 - An additional bill designed to defeat animal and environmental protection activists by increasing the punishment for any crime committed by a defendant who selected his victim because the defendant objected to the victim's participation in an activity involving animals or natural resources. Authored by Rep. Ray Allen of Grand Prairie.

HB 2510 - This bill would have created a special crime for anyone interfering with an "animal activity" or an "animal facility." Authored by Rick Hardcastle of Vernon.

Passage of HB 433, HB 1516, or HB 2510 would have set dangerous precedents for singling out any political or ideological group for special and enhanced punishment. Bills similar to these are being introduced in state legislatures throughout the country.


Bills Successfully Weakened

HB 151 - This bill which passed the House without our knowledge would have allowed anyone witnessing or having knowledge of a dog attacking livestock to kill the dog. In addition, it would require the owner of a dog "suspected" of killing livestock to kill the dog and if the owner failed to do so allow the Sheriff or Constable to enter the owner's property and kill the dog. The bill would also allow anyone finding a dog "suspected" of killing livestock to capture the dog and hold the dog hostage until the owner paid all damage allegedly done by the dog. The bill would also allow anyone having livestock "subject to the ravages" of a dog to place poison on his property without any license or permit. We were able to remove all aspects of this bill except the part about killing a dog attacking livestock. This is already an exception to prosecution in the animal cruelty statute, so little, if anything, was accomplished by the passage of this bill. Authored by Rep. David Farabee of Wichita Falls and handled in the Senate by Senator Craig Estes of Wichita Falls where favorable concessions were made to us.



 

78th Legislative Session —  FINAL STATUS AT END OF SESSION

 

BILLS THAT PASSED

BILL
(Companion)
Sponsor

THLN POSITION

CAPTION

HOUSE BILLS
HB 151
Farabee

 

OPPOSE "Relating to offenses involving dogs that are a danger to livestock and other animals."  (Currently offenses involving dogs that are a danger to livestock and other animals are enacted on a county by county basis.  This bill makes those offenses statewide without the necessity of county action.)   *As finally passed, the adverse provisions were watered down substantially.

HB 1119
(SB 1528)

Brimer

SUPPORT “Relating to the disposition of cruelly treated animals.” (Strengthens the existing seizure law by: allowing a magistrate to issue a seizure warrant; allowing any peace officer to serve the warrant and seize the animal; requiring the owner to pay all costs and post appeal bonds; and limiting the owner to only one appeal.)

HB 1452
Hilderbran

 (SB 644)
(Wentworth)

 

OPPOSE

 

“Relating to prohibiting a governmental entity from disclosing information relating to use of certain predator control devices.” (This bill protects users of livestock protection collars (collars with poison such as Compounds 1080) from disclosure under the Texas Open Records Act.)

HB 1529

R. Cook

(Armbrister)

(SB 989)

Support “Relating to the inspection of wildlife resources and devices used to catch or hunt wildlife resources; providing a criminal penalty.”  (Allows game wardens more discretion and power to search for illegally hunted animals.)

HB 2881

 Driver

(No companion)

 

Support “Relating to the offense of killing or injuring an assistance animal.”  (This bill makes it an offense to kill or injure an assistance animal such as seeing eye dogs and/or drug and bomb sniffing dogs.)

SB 216
Zaffirini

 

(No companion)

 

Track Only “Relating to the disposal by a veterinarian of animal remains and associated medical waste.” (Allows vets to dispose of dead animals and medical waste without approval of Texas Commission on Environmental Quality.)

SB 236

(HB 815)

Fraser
(Hupp)

Oppose “Relating to exempting landowners from the requirement of obtaining a hunting license to hunt feral hogs on the landowners’ property.”  (This bill would exempt a landowner from having to obtain a hunting license to hunt or trap feral hogs on his own property.  Feral hogs are now the only wild animal which can be hunted or trapped without some form of license or permit from Texas Parks and Wildlife.)

SB 271

(HB 675)

Jackson
(Dunnam)

Oppose “Relating to the regulation of riding stables.”  (This bill repealed the Riding Stable Act, a law that mandates minimum humane standards for Riding Stables.)

SB 572

 Harris
(Hartnett)
(HB 1115)

Support “Relating to the euthanasia of an animal by an animal shelter; providing criminal penalties.” (Limits the approved methods of euthanasia of shelter animals to sodium pentobarbital and commercially compressed (bottled) carbon monoxide.  Also requires training for euthanasia technicians.)

SB 1472

(HB 2271)

West
(Goolsby &

Giddings)

Track Only “Relating to zoological operation and maintenance boards; authorizing taxes and bonds.” (This bill would create a “zoo board” in counties over 1.5 million in population.  The “zoo board” could issue bonds to build or expand zoos.  The “zoo board” would also be responsible for operating the zoo.)

SB 1582
(HB 1427)

Wentworth
(Keel)

Oppose “Relating to authorizing political subdivisions to trap, transport, and transplant certain white-tailed deer.” (This bill allows municipalities to capture and relocate whitetail deer without permits from the Texas Parks & Wildlife Department.) *As finally passed, the bill does require Texas Parks and Wildlife permit.

BILLS THAT FAILED

HB 426

 

(SB 1766)

Christian

 

(Deuell)

 

Track Only “Relating to the adoption of state agency rules that impose certain costs on local governments or persons.” (This bill will prohibit a state agency from adopting a rule which projects additional cost to local government or to people who must comply with the rule unless the legislature expressly authorized the agency to adopt such a rule.)

HB 433

 

(No Companion)

Allen

 

Oppose “Relating to criminal offenses involving acts against certain activities involving animals or involving natural resources and to civil consequences arising from convictions of those offenses.”          (This bill is as far reaching and draconian as any bill could be.  It effectively places severe criminal and civil penalties as well as internet publication of personal information of anyone convicted of animal rights terrorism or eco-terrorism which is broadly defined to include numerous acts.)

HB 923

 

(No companion)

Eiland

Support “Relating to special license plates to aid the recovery, rehabilitation, and release of stranded marine mammals.”   (This bill establishes a special license plate program similar to the animal friendly license plate program, the proceeds of which will aid in the recovery, rehabilitation and release of stranded marine mammals.)
HB 937

Farabee

 (SB 1086)

(Staples)

 

Oppose “Relating to animal impoundment facilities operated by a small municipality.”   (This bill will make the recently adopted Texas Board of Health Rules establishing minimum standards for the housing and care of animals in municipal and county run shelters inapplicable in any county that has a human population of less than 75,000.)

HB 1139

 

(No companion)

Zedler

 

Support “Relating to the offense of cruelty to animals.”  (This bill expands the criminal offense of torturing an animal to include wild animals as well as domestic animals.)

HB 1324

 

(No companion)

Brown

Oppose “Relating to the sale and slaughter of equine animals; providing a criminal penalty.”  (Currently Texas law prohibits the sale or transportation of horsemeat for human consumption no matter where the consumption takes place.  This bill would allow the sale and transportation of horsemeat for human consumption anywhere outside the United States.  This bill effectively legalizes the activities of the two horse slaughter plants in Texas.)

HB 1516

 

(No companion)

Allen

Oppose “Relating to the investigation and prosecution of an offense motivated by objection to certain activities involving animals, activities involving natural resources, or activities involving the operation of an animal facility.”  (This bill makes the punishment for certain crimes more severe if they are committed  by someone because of his objection to the use of animals or natural resources.)

HB 2510

 

(No companion)

Hardcastle

Oppose “Relating to criminal offenses involving acts against certain activities involving animals or crops.” (This bill creates a special crime for interference with any activity involving the use of animals or crops.  The punishment is a Class A misdemeanor if the damage is less than $500 and a state jail felony if the damage is $500 or more.)

HB 2591

(No companion)

Casteel &

Homer

Track Only

 

“Relating to duties of a landowner with respect to certain equine activities on the owner’s land.”   (This bill limits the liability for landowners who allow persons to ride horses on their property.)

HB 2738

(SB 708)

Taylor

 (Jackson)

 

Track Only “Relating to regulation of wild animals by counties and certain other authorities.”  (This bill expands the agencies within a county that can regulate dangerous wild animals to include county or municipal health facilities.)

SB 1568

 

(No companion)

Madla

 

Oppose “Relating to the exemption of predator control agents from the registration requirements for dangerous wild animals.”  (This bill exempts trappers from having to register bobcats, lynx and cougars if they are keeping them to use their urine and other excretions to assist them in their trapping operations.)

VICTORY FOR HORSES  

 

It is with tremendous pleasure and pride that I can report to you that as of midnight last night, the Horse Slaughter for Human Consumption issue in the state legislature is DEAD.  On behalf of the Network, I wish to extend a HUGE 'thank you' to everyone that worked so hard during this legislative session to defeat this measure.

 

Although proponents of horse slaughter fought hard and used every political tactic possible to decriminalize horse slaughter in Texas, the citizens of Texas prevailed in their efforts to defeat the issue.   To accomplish this, we had to outwork well-paid lobbyists, educate legislators to the fallacies circulated regarding the 'humaneness and necessity' of horse slaughter, AND convince legislators that Texans don't support horse slaughter for human consumption in Texas or anywhere else!

 

The grassroots effort by individuals from all over Texas and the rest of the Nation has set an all time high. Individuals joined the Network's efforts at the Capitol and worked all 150 House and 31 Senate members.  Others flooded the Capitol offices with thousands of calls, letters and faxes.Many legislators reported receiving more calls on the Horse Slaughter issue than ALL OTHER LEGISLATIVE ISSUES COMBINED !  Anti-Horse Slaughter rallies were held in major cities throughout Texas.   In addition, the tremendous support from national and state animal protection organizations has been stronger than anytime in the history of this organization.  Also, national and state horse organizations joined the effort bringing the total number of people contacting the Texas legislators  to well over 1,000,000 !

 

It is without question, this victory is one that will send a strong message to Congressmen presently considering the Federal Anti-Horse Slaughter bill (H.R. 857)  pending in Congress. We urge you to contact the National organizations working on this federal legislation to offer your help.  For the horses, we must accomplish at the Federal level what we have achieved at the State level.

 

Thank you again for joining forces to create a voice of reason and compassion that legislators could not ignore.

 

Forthcoming will be another report outlining the results of the rest of the animal bills this session. I hope to have final news for you today or tomorrow.  Thank you again for all your help.........

 

 

Cile Holloway, President

and all Network directors

Texas Humane Legislation Network

 

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TEXAS HUMANE LEGISLATION NETWORK
PO Box 685283
Austin, TX 78768-5283