[ SHOWGSD-L ] TX AKC<>Hearing Tuesday March 15th on TX Breeder Bill
- From: Stormy Hope <Stormy435@xxxxxxx>
- To: showgsd-l List <showgsd-l@xxxxxxxxxxxxx>
- Date: Fri, 11 Mar 2011 09:09:45 -0800
House Bill 1451 which will define and regulate breeders of dogs and
cats will be heard in the House Committee on Licensing and
Administrative Procedures on Tuesday, March 15th. Because the author
is preparing extensive amendments and plans to introduce a substitute
bill, no vote will be taken at this hearing. Responsible dog breeders
are encouraged to attend the public hearing or contact the committee
and the author’s office with their specific and respectful comments on
the bill.
As introduced, HB 1451 defines a commercial breeder as anyone who owns
eleven intact female animals (dogs and cats) and is engaged in the
business of breeding animals for direct or indirect sale. The bill
requires inspections of private property without any proof of animal
neglect or cruelty, and breeders will be charged unspecified fees for
their license.
The American Kennel Club strongly supports humane treatment of dogs,
including an adequate and nutritious diet, clean water, clean living
conditions, regular veterinary care, kind and responsive human
companionship, and training in appropriate behavior. The AKC also
supports reasonable and enforceable laws that protect the welfare and
health of purebred dogs and do not restrict the rights of breeders and
owners who take their responsibilities seriously.
House Committee on Licensing and Administrative Procedure Hearing
Tuesday, March 15, 2011
8am
State Capitol Room E2-012
Additional provisions of the bill as drafted include:
• Requires an annual unannounced inspection of a breeder’s property.
The low thresholds in the bill mean that small breeders will be
included, many of whom may not have regular business hours. It is
unclear what would happen if an inspector arrived and the owner was
unavailable.
• Inspections can be conducted by third-party designees, including
local animal control officers and contract employees. Although the
bill says the state “may” provide training to these inspectors, it
does not mandate it. This creates the possibility that rules may not
be equitably applied and that some inspectors may have little to no
experience in animal husbandry.
• Fees are not specified in the bill although the measure says they
should cover the cost of establishing an inspections program, possible
training for inspectors, and paying for the time and travel necessary
to conduct inspections. It is possible that a tiered licensing
schedule will be established based on the number of dogs owned, but
the cost is likely to be excessive for someone who breeds only a few
litters per year.
• The bill will limit breeders to 50 intact females unless the
breeder submits a special application and complies with any additional
requirements developed in the regulation process.
• Requires breeders undergo a criminal background check. AKC believes
that it is appropriate to ensure that licenses are not provided to
those who have animal cruelty violations, but that including unrelated
offenses that have no bearing on the fitness of a dog breeder is
unreasonable. This will also be an additional financial burden on the
applicant who will likely bear the cost of the background check.
• Establishes a public database of licensees and disciplinary
actions. The thresholds in this bill are so low as to include many
breeders who breed 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.
• Establishes the “Commercial Breeder Enforcement Enhancement &
Training Fund” which may offer rewards for information leading to
disciplinary action. This incentivizes frivolous reports of
insignificant violations and will create a burden for inspectors and
for the breeders who must fund the program. The bill does not address
who pays the costs if a breeder is found innocent of allegations.
• Regulations would be written and enforced by the Texas Commission
of Licensing and Regulation. AKC is concerned that none of the
commissioners has a background in agriculture or animal husbandry. We
believe that it is vital that stakeholders, including responsible
breeders, be involved in the drafting of regulations governing
responsible animal ownership and breeding.
What You Can Do
• Responsible owners and breeders in Texas are encouraged to contact
the members of the House Committee on Licensing and Administrative
Procedures.
Rep. Mike Hamilton, Chair
mike.hamilton@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0412
Fax: (512) 463-1915
Rep. Chente Quintanilla, Vice Chair
chente.quintanilla@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0613
Fax: (512) 463-1237
Rep. Joe Driver
Joe.driver@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0574
Fax: (512) 463-1481
Rep. Charlie Geren
Charlie.geren@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0610
Fax: (512) 463-8310
Rep. Roland Gutierrez
roland.gutierrez@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0452
Fax: (512) 463-1447
Rep. Patricia Harless
patricia.harless@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0496
Fax: (512) 463-1507
Rep. John Kuempel
john.kuempel@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0602
Fax: (512) 480-0391
Rep. Jose Menendez
jose.menendez@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0634
Fax: (512) 463-7668
Rep. Senfronia Thompson
senfronia.thompson@xxxxxxxxxxxxxxxxx
Phone: (512) 463-0720
Fax: (512) 463-6306
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