message from TX-RPOA ~ A Serious Matter Needing YOUR IMEDIATE ATTENTION HB2562 ~ UPDATE~CRIMINALIZING ANIMAL OWNERS

Terrorism1THLN, sister organization to HSUS, is pushing for laws that would eventually abolish ALL human relationships with animals. HB 2562 is an EXTREMELY BAD BILL that requires ALL animal owners living anywhere in the United States attention- What happens in any state can happen anywhere by setting a precedent with regards to the law. Apparently no attention is given to PROTECTED Constitutional Rights or that laws have already been established with this issue that is already being abused-NOT by animal owners but by those wanting to take animals away from their RIGHTFUL owners.

As new laws are created that make animal ownership more difficult and outrageous, the more dangerous animal ownership becomes regarding living in a free society. Animals are property and how you provide should not be at issue. Instead of creating such outrageous laws time and money would be better spent on educating people on the proper care of animals rather than creating laws criminalizing animal owners.

ALERT-THIS LAW CRIMINALIZES ALL ANIMAL OWNERS!!! RED MARKS THE PROPOSED CHANGES TO AN ALREADY ILLEGAL AND UNCONSTITUTIONAL STATUTE -CHANGING CIVIL TO AUTOMATIC CRIMINAL WHETHER YOU WERE AWARE OF THE LAW OR NOT-UNDER THIS SECTION, A PERSON CAN BE FOUND GUILTY OF A CLASS C MISDEMEANOR UNKNOWINGLY VIOLATING ANY OF THE PROVISIONS!!! -EVEN CRIMINAL AND PENAL CODES REQUIRES CONSCIOUS VIOLATION.

IT ALSO REFERS TO “EACH DOG” CONSTITUTING A SEPERATE OFFENSE EVEN THOUGH THE REST OF SEC 821 REFERS TO “A DOG” OR “THE DOG”
Proposed Changes:
Sec.821.079 CRIMINAL PENALTY
SECTION 6. Sections 821.079(a),(c), and (f), Health and Safety Code, are amended as follows:
(a) A person commits an offense it the person [knowingly] violates this subchapter. Each dog with respect to which there is a violation and each day that a violation continues is a separate offense.
(c) Except as provided by section (d), an offense under this subchapter [subsection] is a Class C misdemeanor.
(f) If conduct constituting an offense under this subchapter [section] also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

TX-H&S Code 821 was designed to take animals from their rightful owners whether guilty or not guilty of any crime and was designed for INTENTIONAL cruelty and already being abused and improperly processed. TX-H&S Code 821 lacks a directive and where a directive is provided is illegal and unconstitutional-Challenged in both state and federal courts. Remember, anyone processed by TX-H&S Code 821 is costing taxpayer money rather than REAL criminals.

If this proposed Bill becomes law and you are an animal owner, you need to leave Texas if you intend on remaining a free citizen with Rover rather than possibly jailed, owned by the government, and Rover awarded to some NFP-It’s NOT about animal welfare but instead it’s about control and the money as well as providing ‘retail rescue pets’ for NFPs to sell that no one will want to own any longer, which will threaten the lives of animals as no one will want to buy one and therefore will be killed. The Animal Rights Extremists have learned rather quickly that it is not necessary to give animals rights in order to end all relations with animals but instead, the set forth a plan to create laws where no one would want a relationship with animals by criminalizing animal owners. The Animal Rights Extremist Nazis are gaining control in your life unless you do something to STOP THEM…STOP THIS BAD BILL FROM BECOMING LAW ~ KILL THIS BILL!!! PLEASE this POST WILDLY!!! Then write and/or call Texas representatives advising them you are against this bill from becoming law.

_____________________

RPOA_TX_V2_color

from TX-RPOA

The message below went out on PR Newswire. Since it went out, the HB 2562
Committee Substitute has been posted to the Legislature’s website, but only
after some of our members protested “loudly.” And the bill hasn’t changed,
still affects ALL “outside” dogs, tethered or not tethered — a very bad
bill that must be killed!
………………………………………………………………….
…..
SAN ANTONIO, May 4, 2015 /PRNewswire-USNewswire/ —

RPOA Texas Outreach: Texas HB 2562 will outlaw most dog houses and
criminalize Texas dog owners!

Each dog and each day creates a separate violation.
Vegan “Animal Rights” extremists are writing our Texas animal laws under the
guise of animal welfare and portray themselves as “animal advocates,” while
their true agenda is just the opposite — to legislate animal “ownership”
out of existence.

“These extremists have little knowledge regarding care and use of animals,
especially working and hunting dogs, and work in incremental steps to
accomplish their radical agenda,” says Responsible Pet Owners Alliance of
Texas.

HB 2562 is a “Trojan Horse” bill from Texas Humane Legislation Network
(THLN), the Texas arm of Humane Society of the United States (HSUS).
Being promoted as a “Tethering Bill,” this bill regulates “all outdoor
unattended dogs.” As Speaker Pelosi said regarding the Affordable Care Act:
“We have to pass it to know what’s in it!” The committee substitute is not
posted on the state’s website.
This bill would provide a “tool” for harassment by militant vegan animal
“rights” extremists should it become law.

[BLOGGERS NOTE: It should be noted that harassment will become an animal cruelty issue to criminalize animal owners]

Texas already has a law regulating all “outdoor unattended” dogs — whether
tethered or not tethered! Penal Code 42.092 Cruelty to Nonlivestock Animals
defines “Necessary food, water, care, or shelter” as including food, water,
care, or shelter provided to the extent required to maintain the animal in a
state of good health.

THLN admits the existing Tethering Law they got on the books in 2007 is
unenforceable, so they’re back as planned! THLN president Cile Holloway
cautioned attendees at their 2010 Annual Meeting: “We have to take things
slowly, passing laws in small increments. Bills can always be strengthened
further down the road. Just ensure that you get ‘something’ on the books,
making it easier to pass increased provisions later.”

“If the bill is intended to address situations in which the dog primarily
resides outside and on a tether, then that should be clarified. This could
impact dogs in a backyard for a few hours, when weather might not demand
shelter and when the animals generally sleep and spend time indoors,”
suggested Sarah Sprouse, American Kennel Club. American Kennel Club
sanctions field trials, retriever trials, coonhound, hunting, herding, lure
coursing, earthdog and tracking tests; obedience, rally, and agility trials
in Texas and all involve multiple training and competition events.

HB 2562 mandates “continuous” access to water and a “shelter,” which must be
so large that the dog is able to “stand erect.” This would ban most small
“Igloo” dog houses in common use. Dogs are den animals and traditionally
seek safety in small confined areas where they lie down to sleep, using
their body heat to provide warmth.

[BLOGGER NOTE: I wonder if the manufactures of Igloos and dog houses know of this bill!?! What about the retail outlets that sell them!?]

All Texas dog owners are urged to contact their elected representatives
(found at www.capitol.state.tx.us ). Urge them to Vote “No” to this onerous
bill!

Contact: Mary Beth Duerler, Executive Director
rpoa@texas.net
DONATE: www.rpoatexasoutreach.org

__________________

Disclaimer connected to this blog…Things said are of my opinion and the opinions of others…Stay tuned  -B

I have nothing to gain with concern for Texas laws over animal ownership-I do not live in Texas …My concern is to stop illegal and unconstitutional bills from becoming bad laws and like any ‘disease’ can spread to other states.

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~ by topcatsroar on May 7, 2015.

8 Responses to “message from TX-RPOA ~ A Serious Matter Needing YOUR IMEDIATE ATTENTION HB2562 ~ UPDATE~CRIMINALIZING ANIMAL OWNERS”

  1. Idaho already a few laws very similar to this, and they are also very broadly interpreted!

    One could see a misdemeanor citation for simply having his/her dog tied, only for a few minutes, outside of a grocery store while he/she gets a few items. Another instance example: One leaves his/her dog tied up out front of his/her home for a moment, to run inside to get something. We may be talking less than five minutes, but that does not matter to the Idaho legislators, nor to the police officers responding to an “anonymous” call.

    These are all half-baked, bad laws to begin with! We are getting as bad as many of the crazy laws in force in the U.K.

    • What your missing here is that they are making it a crime whether you knowingly or not-You’ve committed a crime. This is beyond allowable by law itself-To be considered a crime you must have intentional intent of doing a crime such as making it a crime to shot someone when you didn’t know the gun was loaded or that the safety was off…that would be unintentional.

      • I “miss” very little!

        The law(s) Idaho has on its books are very similar. WHY do you think I gave several examples of otherwise harmless “few moments” examples? – These examples I gave in my reply go in accord to what was mentioned in this article. (Perhaps, try reading my reply a little closer – though, I may have not been the best at expressing it clearly.) I already know about all the “unintended consequences” in these “laws”. That is WHY I hate the theory of “implied consent/knowledge” that is the basis of all modern “law”.

        I fail to see what you are arguing with me about. My examples were plain-as-day, every-day examples. A couple of my friends went to prison on these bull$h!t charges!!!

      • I did not intend to come off as arguing with you. I have never heard that anyone could be convicted of a crime when they didn’t know or hadn’t intended to be committing a crime-Surely there must be intent…I also KNOW that people are convicted when they weren’t intentionally committing an offense -This law makes it a crime without intent of doing harm to an animal…The accusers in most cases are liars and know little to nothing about good animal care thus less what an animal might enjoy-
        Animals have become Bambis and therefore, ‘humanized’.
        It’s hard to imagine a time when animals would come before people but exactly what is happening in this country-Texas is trying to stop all the law suits when they know it’s been wrong all along!!! If passed, JP judges will then be able to rule in both civil and criminal as a class C misdemeanor-No matter the value of the property and no matter that no crime has been committed-It will make it easier to push these case thru with non-lawyer, laymen in charge…
        Sounds like Idaho is pretty bad as well-This needs to stop!!!
        I hope you will help to KILL the BILL!!!

      • It ALL needs to be stopped.

  2. Yes, this bill (HB 2562)proposes to change the title of Subchapter D from “Unlawful Restraint of Dog” to “Dog Left Outside and unattended; Unlawful Restraint” and section 821.077 would enjoy the added title of “Care of Dog Left Outside and Unattended” to its “Unlawful Restraint.”

    But there’s more. These people are cleverly making subtle little changes each legislative session, to gradually erode your rights until one day you suddenly have none at all.

    Comparing this bill side-by-side to the 2007 and 2011 versions of Sec.821, shows just how it has changed so far. 821.079 would now be changed from “Penalty” to “Criminal Penalty.” Subsection (a) would lose a very, VERY important word…”Knowingly.” So, where it has, through its existence, stated, (a) A person commits an offense if the person knowingly violates this subchapter,” it would now state -if this bill gets passed- “(a) A person commits an offense if the person violates this subchapter.”

    Whoa…!!! Yes, you read that right! If you violate the subchapter UNKNOWINGLY, you are guilty of animal abuse and get your name on their proposed national animal abuse registry!! It would no longer be a defense that you didn’t even know you were doing anything wrong. In any other area of law, to be found guilty of a crime, it must be proven beyond a reasonable doubt that you knew what you were doing and knew it was wrong. You cannot be convicted of unintentionally robbing a bank or unintentional murder. but with this bill, you can be convicted of unintentional criminal animal cruelty!

    YOU THINK IT STOPS THERE??? BUTT WEIGHT- THERE’S STILL MORE!! This subchapter has said [821.079(b) and (c)] that an officer who suspects a violation shall provide a written statement of that fact to the owner, and the owner then has 24 hours to correct the “problem.” No more, if these people get their way. The provision to comply within 24 hours gets tossed out the door and as a result, the Code will still say that the officer must give you written notice of your violations, but he/she can also arrest you on the spot -for a class C misdemeanor you never even knew existed and never had a chance to correct!

    So if you happen to have your dog tethered with a chain having the wrong size links (and this description is very vague), you can end up in jail and court, charged with animal abuse class C. If you cannot understand the exact meaning of  ” metal chain links in a width that exceeds one-quarter of an inch,” you’d better hope you look good in orange stripes. Does that mean each link must be no more than 1/4 inch wide, but any length… or do they actually mean 1/4 inch THICK? Chain links are normally measured by the LENGTH of the link, not the width. And a 1/4 inch chain is one I wouldn’t even use on a trucker’s wallet. To legislate the size of a chain, you should at least know a little about chains. A standard dog tie-out chain is going to have links that are about 1/2 inch wide and 1 inch long -and that would make you a criminal if you use a store-bought chain on your dog. You can get industrial chains with smaller links, but much thicker, that would strain the neck of a small breed dog. A motorcycle chain would fit that “1/4 inch wide” requirement! Many large breed dogs need a larger chain. So this chain description in the bill is ridiculous.

    And if they get this passed, don’t be surprised if next session they quietly change the penalty from class C misdemeanor to state jail felony.

    Section 821.077 now contains a whole numbered list of new additions… No less than SEVEN meanings for “adequate shelter.” Number 7 says, “is not a metal or plastic barrel or similar container.” Many people have made interesting and novel pet shelters out of barrels, and if done right, they can rival any store-bought dog house. But the catch here is, in future legislation, all they’ll need to do is eliminate the words “barrel or similar container,” and bingo, they have outlawed all metal and plastic dog houses -including the very popular “igloo” type.

    Apparently, it’s still legal to tie your dog on a huge anchor rope, outside a canvas pup-tent. But don’t worry. Whatever they missed this year, they’ll get in 2019!

    • Your comment well received and to be certain that it’s read-subject for my next post-TY Fred -B

  3. […] OF INTEREST: https://topcatsroar.wordpress.com/2015/05/07/message-from-tx-rpoa-a-serious-matter-needing-your-imed… %5Bprovides information for contacting your representative that you are against this bill and vote […]

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