[ SHOWGSD-L ] AKC Alert: Amended TX House Bill 1451 Returns to the House - OPPOSITION NEEDED!!!
- From: Stormy Hope <Stormy435@xxxxxxx>
- To: The List <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 25 May 2011 09:03:56 -0700
Dear AKC Delegates, Judges, Club Officers and Breeders,
Please forward this on to your club members in Texas. We are nearing
the end of this fight, so action is needed NOW! Thank you for all your
help on this important issue.
Texas House Bill 1451, which will unreasonably regulate responsible
hobby breeders and will not improve animal welfare in Texas, has
passed the State Senate with amendments. The bill will now return to
the House of Representatives. The House can vote to concur or not
concur on the Senate amendments. If the House votes not to concur on
the amendments, the bill will be assigned to a conference committee
which will produce a final version for the approval of both houses.
Responsible breeders are encouraged to contact the Representative and
ask for a vote of non-concurrence in Senate amendments.
To find out who represents you in the Texas House, please input your
address at this link.
http://www.house.state.tx.us/resources/frequently-asked-questions/#who_rep
Click here for a printable roster with phone numbers, fax numbers and
email addresses.
Under both versions of the bill the Texas Department of Licensing and
Regulation (TDLR) is ordered to promulgate regulations by March 31,
2012. Those meeting the thresholds set forth in the bill would have
until September 1, 2012 to come into compliance with the provisions of
this bill and the subsequent regulations and to obtain the license. If
House Bill 1451 should be approved by the House and sent to the
Governor, AKC and our constituents in Texas intend to be involved in
the regulatory process to offer our expertise and to protect our
responsible breeders.
Click here for a side-by-side comparison of the House and Senate
versions of HB 1451.
Concerns with House Bill 1451
· Defines a breeder as anyone who owns 11 intact females and
sells or offers to sell 20 or more puppies per year. AKC does not
believe this threshold is appropriate as many breeders of this size
may only sell a few litters a year and the regulations in this bill
make it impossible for a breeder to whelp litters in their homes. Many
large-breed dogs frequently have 10-12 puppies in a litter, meaning
this could impact someone who sells as few as two litters per year.
· Requires that regulations meet or exceed federal regulations
which were written for wholesale, commercial breeders. The provisions
currently used by the federal government make it impossible for a
breeder to whelp litters or raise puppies in a home environment.
· Senate amendment allows breeders to euthanize puppies under
6 months of age. AKC is unclear about the reason or the benefits of
this provision. Only in rare circumstances where a puppy is suffering
from a painful and untreatable health condition would a breeder choose
to euthanize a puppy. Standard practice requires that this should be
done in consultation with a veterinarian.
· Senate floor amendments add ?tracking, chasing? to the list
of the types of dogs eligible under for an exemption and adds ?hunting
tests or similar organized performance events? to the list of the
types of dogs eligible for an exemption. AKC continues to believe that
this exemption isn?t sufficient for the dogs it purports to cover or
for other responsible dog owners who compete with their dogs in other
events.
We would assume that the term ?other performance events? will be
defined as part of the regulatory process. It is possible, but not
assured, that these events could be defined in such a way as to
include conformation, agility, rally, obedience and other AKC-
sanctioned events.
· 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. The last fiscal
note (which does not address the Senate floor amendments) estimates
the cost to be $565,242 annually and estimates 600 breeders, meaning
the licenses will be approximately $1000. This is excessive for
someone who breeds only a few litters a year. The cost will also rise
if the number of licensees is lower than expected.
· 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, may divert resources from truly sick animals
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.
Sarah Sprouse
Manager, AKC Government Relations
8051 Arco Corporate Drive
Raleigh, NC 27617
(919) 816-3928 (office)
(919) 816-4275 (fax)
(919) 623-7706 (cell)
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