[ SHOWGSD-L ] TX lawmakers ponder BSL
- From: Diane Brantley <texasgsds@xxxxxxxxx>
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 16 Dec 2008 16:32:43 -0800 (PST)
From: Responsible Pet Owners Alliance
Date: 12/16/2008 4:25:34 PM
To: TX-RPOA@LISTSERV. TAMU.EDU
Subject: Texas Lawmakers again ponder regulations for dog breeds
TX-RPOA E-News
From RPOA Texas Outreach and
Responsible Pet Owners Alliance
"Animal welfare, not animal 'rights'
and, yes, there is a difference."
Permission granted to crosspost.
December 16, 2008
Responsible Pet Owners Alliance received a letter Monday from Attorney
General Greg Abbott which says RPOA has the opportunity to submit a legal
brief to his office regarding the legality of the existing state law
prohibiting breed specific legislation. We will do so before the deadline
and we've notified all the national animal organizations about this also so
they can submit legal briefs. This is not the time to write letters as we
need attorneys to write legal briefs for the attorney general's office. If
you have any questions, don't hesitate to contact us.
Rep. Tony Goolsby has requested the ruling and his letter may be found at:
Request #RQ-0765-GA
Re: Authority of a local government to enact breed-specific legislation with
regard to dogs
Go to:
http://www.oag. state.tx. us/opinions/ opinions/ 50abbott/ rq/2008/pdf/
RQ0765GA. pdf
____________ _________ _________ _______
Thanks to all our RPOA members who sent us the article below:
FROM THE STAR-TELEGRAM
http://www.star- telegram. com/804/story/ 1095574.html
AMAN BATHEJA, 817-685-3932
abatheja@star- telegram. com
Posted on Mon, Dec. 15, 2008
Lawmakers again ponder regulations for dog breeds Pit bulls and Rottweilers
could become a hot topic down in Austin next year as lawmakers consider the
pros and cons of allowing cities and counties to adopt ordinances
restricting or banning certain breeds of dogs.
Dallas state Rep. Tony Goolsby has put a spotlight on the issue by asking
Attorney General Greg Abbott for an official opinion on whether cities and
counties have the power to impose the restrictions.
Goolsby argues in his request to Abbott that the law is unclear as to
whether local governments can write ordinances addressing certain breeds;
many local city officials have long assumed they lacked authority.
Goolsby, a Republican, lost his re-election bid last month to Democrat Carol
Kent but retains his post until mid-January. He did not return a call
seeking comment Monday.
During the last legislative session, several North Texas cities sought the
power to ban types of dogs that are often perceived as aggressive, such as
pit bulls or Rottweilers. While lawmakers passed a bill holding owners
responsible if their dogs injure or kill someone, legislation targeting
breeds didn't gain traction.
But grisly reports of dog attacks around the country in recent years by a
handful of breeds - most notably pit bulls - have prompted calls for laws
targeting certain breeds.
The city of Grapevine found itself in a lengthy legal battle over two
aggressive pit bulls recently. The dogs were in city custody for more than
two years based on a report that the dogs had killed a cat and forced a man
and his grandson to seek refuge in the garage of their home until the dogs
ran away.
The city planned to euthanize the dogs but in November, but a judge ordered
the city to return them to their owner after he agreed to buy insurance,
muzzle the dogs and put them on a 4-foot leash whenever he took them for
walks.
Cities around the country have considered bans on certain dog breeds or
ordinances that regulate certain breeds. A few have passed ordinances
targeting certain breeds. Critics of breed-specific legislation, or BSL,
have responded and organizing online. Several Web sites, including
NoPitBullBans. com and StopBSL.com, track efforts targeting dog breeds.
On a statement devoted to the issue on its Web site, the Humane Society of
the United States writes: "While breed is one factor that contributes to a
dog's temperament, it alone cannot be used to predict whether a dog may pose
a danger to his or her community."
The issue is an emotional one, both for those who believe that serious and
possibly fatal incidents could be prevented if certain breeds were made
illegal, and for owners of these breeds who argue that aggressive dogs come
in all shapes and sizes.
In January, after two male pit bull terriers tore a hole in the chain-link
gate of a neighbor's home and killed a 90-pound Labrador retriever in
Watauga, Councilman Jerry Adams told the Star-Telegram local officials was
hamstrung on the issue.
"If the city had been able to regulate these dogs by breed, then there would
have been tougher controls on pit bulls and probably this wouldn't have
happened," Adams was quoted as saying.
Over the past year, several cities including Fort Worth, Watauga and
Richland Hills, have passed laws making it illegal in nearly all cases to
chain or tether a dog. The American Society for the Prevention of Cruelty to
Animals has pushed for such measures and framed them as a more sensible
alternative to laws that focus on one breed of dog.
Yet local governments haven't ruled out targeting breeds and most will be
paying attention if the issue is addressed in Austin next year.
The Fort Worth City Council approved a legislative agenda for the upcoming
session earlier this month that included monitoring dog breed specific
legislation. Reid Rector, Fort Worth's governmental relations director, said
the city does not currently have a position on the issue.
"There is no specific strategy or agenda on the table," Rector said. "I
think the appropriate attitude is to monitor the legislation. ..what are the
sanctions, what are the ramifications and then make an informed decision as
to whether that's something we want to support or not."
RPOA Texas Outreach (501 C4)
Responsible Pet Owners Alliance (501 C3)
900 NE Loop 410 #311-D
San Antonio, TX 78209
Website: www.responsiblepeto wners.org
$15 Annual dues (January - December)
To subscribe or unsubscribe, e-mail rpoa@xxxxxxxxxx
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