[ SHOWGSD-L ] Fwd: Say NO to HB 1982- BSL by another name! Hearing Monday, 4/6/09!
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- Date: Mon, 6 Apr 2009 07:24:08 EDT
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HB 1982: Breed Specific Legislation by Another Name: Say NO to 1982! Need=20
YOUR help!!!
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Zandra Anderson--Permission to Crosspost wide and far!!! Permission to use=20
as talking points in your calls and faxes!!!!
_www.TexasDogLawyer.com_ (http://www.texasdoglawyer.com/) =20
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Help DEFEAT HB 1982! How YOU can help:
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1. Come to the Hearing on Monday, April 6, 2009. You can sign up to =20
testify against the bill or sign up in opposition without testifying. =20
****Bring large pictures depicting your dog in a good light--family photos,=
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participating in events like search & rescue, agility, dog shows, or as=20
therapy dogs. Bring awards your good may have received like Canine Good Ci=
tizen =20
titles, tracking titles, certifications as a therapy dog, etc. =20
House Committee Hearing: Monday, A pril 6, 2009
2:00 p.m. ; Capitol Building;=20
Room E2.016 (2nd level down in Capitol Extension)
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2. Write, call & FAX (emails are not that good) Committee Members (see=20
below for names/numbers). Keep letters short (no more than a page). Make su=
re=20
the subject title is big and bold and says:
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Opposed to HB 1982 or Vote NO on HB 1982.
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Here is the link to HB 1982 to read yourself:
http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB01982I.pdf
HB 1982: Breed Specific Legislation by Another Name
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HB 1982 is Breed Specific Legislation without using that name. It targets=20
dogs because of their =E2=80=9Cphysical nature=E2=80=9D if the dog is capab=
le of causing =20
serious injury. Most dogs are capable of causing serious injury. They have=20=
teeth=20
and all dogs can bite.=20
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The bill adds a defini tion of a =E2=80=9Cvicious dog=E2=80=9D that subject=
s owners to the=20
same requirements as those of a dog deemed dangerous without the dog ever =20
being out of its own yard or even touching anyone.=20
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In Dallas, Houston & San Antonio, it targets all 40 pounds or more and=20
requires them to be kept in =E2=80=9Csecure enclosures=E2=80=9D meant for d=
ogs deemed dangerous.=20
It also mandates they if they are out they must be on a leash in the=20
immediate control of the handler. These means no dog parks, tracking, searc=
h &=20
rescue, hunting, agility, or any competition or activity that the dog is no=
t right=20
beside the owner and on a leash.=20
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Here is the definition of Vicious Dog according to the proposed HB 1982:
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Sec. 822.041(6) "Vicious dog" means a dog that:
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(A) because of the dog's physical nature and=20
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vicious propensity is capable of inflicting serious bodily injury, =20
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< /TD> =20
as that term is defined by Section 822.001, or death to human beings =20
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and constitutes a danger to human life or property;
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(B) without reasonable provocation has=20
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habitually behaved within the enclosure in which the dog is kept in=20
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such a manner that the owner knows or should know that the animal is=20
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likely to attack or bite;
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(C) commits unprovoked acts while in the=20
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enclosure in which the dog is kept, and those acts cause a person to=20
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reasonably believe that the dog will attack and cause bodily injury =20
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to that person; or
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&nbs p; (D) acts in a highly aggressive manner while in =20
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the enclosure in which the dog is kept and appears to a reasonable=20
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person to be able to escape from the enclosure.
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Your dog can be declared vicious based on his looks and what he does in an=20
enclosure which means your yard. =20
If someone tells animal control they think your dog is vicious and they=20
believe your dog will attack and cause them injury, your dog can be declare=
d=20
vicious even though it is in your own yard. This is a totally subjective =20
standard and based entirely on things your dog does when contained on your=20=
property=20
or in your house.
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Here is all it takes to put you and your dog in the crosshairs of animal=20
control for doing nothing other than barking in your own yard:
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Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS OR=20
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VICIOUS. (a) If a person reports an incident described by Section=20
=3D0 A =20
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822.041(2) or a fact or action described by Section 822.041(6), the =20
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animal control authority may investigate the fact, action, or=20
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incident. If, after receiving the sworn statements of any =20
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witnesses, the animal control authority determines the dog is a =20
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dangerous or vicious dog, it shall notify the owner of that fact.
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This means that if a person reports that they think your dog fits any of=20
the definitions of vicious dog in 822.041(6) above, then your dog can be=20
declared dangerous regardless that it never got out of your yard! All a nei=
ghbor=20
bully has to do is say the magic words to animal control. =20
I have tried, handled and consulted on Dangerous Dog cases all over Texas=20
and can tell you that these cases are more about neighbors than dogs. For s=
ome=20
people even the sight of an APBT, Rottie, GSD, Dobie, Akita, Malamute, Husk=
y,=20
Mastiff, or Chow Chow frightens them.=20
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If your dog is declared vicious you are subjected to all of the same=20
requirements that a dog that is out of its enclosure and bites someone has=20=
to =20
follow. These state requirements in 822.042 inclu de registering with anima=
l=20
control, restraining dog under your immediate control, keeping dog in an=20=
=E2=80=9Csecure=20
enclosure=E2=80=9D (see legal definition below), getting a $100,000.00 insu=
rance=20
policy, and you must comply with local laws (many city/county requirement a=
re=20
terribly harsh including such things as putting a dangerous dog sign on the=
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window of your car if your dog is in it, muzzling, etc.).
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It only gets worse for dogs in Dallas, Houston and San Antonio (cities wit=
h=20
1M pop.) because any 40+ pound dogs in those cities have to do the followin=
g:
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< SPAN style=3D"FONT-SIZE: 8pt; FONT-FAMILY: Courier">Sec. 822.0424(b) A=20
person who owns or keeps custody or control of a dog=20
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weighing 40 pounds or more shall ensure that the dog, at any time=20
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the dog is not on a leash in the immediate control of a person, is=20
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kept inside a residence or in a secure enc losure on the premises =20
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where the dog is kept.
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This is most definitely breed specific legislation because it targets all=20
breeds that are 40 pounds or more.
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All of these dogs must be kept in a =E2=80=9Csecure enclosure=E2=80=9D whic=
h is a legal=20
definition. A secure enclosure means:=20
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Sec. 822.041 (4) "Secure enclosure" means a fenced area or structure that i=
s:
(A) locked;
(B) capable of preventing the entry of the general public, including=20
children;
(C) capable of preventing the escape or release of a dog;
(D) clearly marked as containing a dangerous dog; and
(E) in conformance with the requirements for enclosures established by the=
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local animal control authority.
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This means you must put a Dangerous Dog sign on your fence, but the worst=20
part is that you must follow city/county requirements for a =E2=80=9Csecure=
enclosure=E2=80=9D=20
which can include a concrete floor and a top on the enclosure depending on=20
what the local government laws are.=20
Bill=E2=80=99s Author: Trey Martinez Fischer, San Antonio
(512) 463-0616=20
(512) 463-4873 Fax
COUNTY AFFAIRS COMMITTEE
Clerk: Revlynn Lawson
Phone: (512) 463-0760
The Capitol Address for ALL Representatives:
PO Box 2910, Austin, Texas 78768
Rep. Garnet Coleman (chair) _
http://www.house.state.tx.u s/members/dist147/coleman.php_=20
(http://www.house.state.tx.us/members/dist147/coleman.php)=20
Capitol Phone: (512) 463-0524 FAX: (512) 463-1260=20
Rep. Geanie Morrison (Vice Chair) _
http://www.house.state.tx.us/members/dist30/morrison.php_=20
(http://www.house.state.tx.us/members/dist30/morrison.php)=20
Capitol Phone: (512) 463-0456 FAX: (512) 476-3933=20
Rep. Leo Berman _
http://www.house.state.tx.us/members/dist6/welcome.htm_=20
(http://www.house.state.tx.us/members/dist6/welcome.htm)=20
Capitol Phone: (512) 463-0584 FAX (512) 463-3217
Rep. Valinda Bolton _
http://www.house.state.tx.us/members/dist47/bolton.php_=20
(http://www.house.state.tx.us/members/dist47/bolton.php)=20
Capitol Phone: (512) 463-0652 FAX (512) 463-0565
Rep. Joaquin Castro
_http://www.house.state.tx.us/members/dist125/castro.php_=20
(http://www.house.state.tx.us/members/dist125/castro.php)=20
Capitol Phone: (512) 463-0669 FAX (512) 463-5074
Rep. John E. Davis _
http://www.house.state.tx.us/members/dist129/davis.php_=20
(http://www.house.state.tx.us/members/dist129/davis.php)=20
Capitol Phone: (512) 463-0734 FAX (512) 479-6955
Rep. Marisa Marquez _
http://www.house.state.tx.us/members/dist77/marquez.php_=20
(http://www.house.state.tx.us/members/dist77/marquez.php)=20
Capitol Phone: (512) 463-0638 FAX (512) 463-8908
Rep. Ralph Sheffield _
http://www.house.state.tx.us/members/dist55/sheffield.php_=20
(http://www.house.state.tx.us/members/dist55/sheffield.php)=20
Capitol Phone: (512) 463-0630 FAX (512)322-9054
Rep. Wayne Smith _
http://www.house.state.tx.us/members/dist128/smith.php_=20
(http://www.house.state.tx.us/members/dist128/smith.php)=20
Capitol Phone: (512) 463-0733 FAX (512) 463-1323
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____________________________________
Molly
Trillia German Shepherds since 1972 ph 409-287-3940
Member GSDCA, GSDCC, GSDC of Beaumont (recording secretary), Life member CK=
C
"The greatest discovery of any generation is that a human being
can alter his life by altering his attitude"-William James
**************Feeling the pinch at the grocery store? Make dinner for $10 o=
r=20
less. (http://food.aol.com/frugal-feasts?ncid=3Demlcntusfood00000001)
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