Heads-Up Texas ~ An in-depth look at HB2562 ~ OPPS!!! Not so fast-This Bill is Still Alive UPDATE!!!
Bloggers Note: NOT OVER as informed by TX-RPOA!!! I just received this:
Perhaps we boasted too soon! Keeping up with this bill is something like
Abbott and Costello’s “Who’s on first?” Rep. Senfronia Thompson is trying
to breathe new life into HB 2562, Care of ALL Outdoor Dogs and Tethered
Dogs, after it was pulled from the Local & Consent Calendar and sent back to
Public Health Committee to die! Rep. Thompson signed on as a sponsor of the
bill after it met so much opposition, bringing along 36 fellow legislator
friends as Co-authors. I’m sure you remember Thompson from the infamous
“Commercial Breeder” bill that also “wasn’t commercial” — just as this bill
isn’t really a Tethering Bill.
NOW THE BILL WILL GO TO THE REGULAR “CALENDARS COMMITTEE.” MONDAY IS THE
LAST DAY FOR HOUSE BILLS TO BE SET ON A HOUSE CALENDAR FOR A FLOOR VOTE. So
time is of the essence! Please contact the legislators below with SUBJECT
LINE: “DO NOT SET HB 2562 FOR VOTE” or fax/send this information below:
This bill is OPPOSED by the following national organizations and their Texas
affiliated clubs: American Kennel Club, United Kennel Club, US Sportsmen’s
Alliance, Endangered Breed Association, American Dog Breeders Association,
Texas Dog Commission, Sportsmen’s and Animal Owners Voting Alliance, and our
organization Responsible Pet Owners Alliance Texas Outreach. American
Kennel Club alone has 305 licensed kennel and breed clubs in Texas (with
even more UKC clubs), and RPOA is the AKC state federation for Texas,
representing 305 AKC clubs in Texas.
PROBLEMS REMAIN WITH HB 2562: We oppose: Shelter/Dog House size for dog to
“stand erect,” Length of Tether, Chain link requirement, wording is
“deliberately written to be confusing” and appears to target all “outside
unattended” dogs, not only tethered dogs, no definition of “unattended” or
“clean,” and requirement that “chain cannot become entangled.” This bill is
a “tool” for militant animal “rights” extremists to harass dog owners even
more than at the present time, especially hunting dogs since they oppose
The American Kennel Club warns: “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. If the bill is intended to address
situations in which the dog primarily resides outside and on a tether then
that should be clarified.” AKC sanctions multiple training and competitive
outdoor events in Texas each year that contribute to the Texas economy and
has concerns that the way this bill is written it could be interpreted to
impact these events. Each dog and each day creates a separate violation.
The exceptions cover very limited activities with dogs: In public camping
areas, being engaged in training for or activity for licensed state
activities; shepherding or herding livestock; cultivating agriculture
products. This excludes so many legitimate uses of dogs; it’s impossible to
list them here.
Bill was written by Texas Humane Legislation Network, the Texas arm of
Humane Society of the United States. These extremists have a national
legislative agenda to end all use of animals, for any reason and have little
knowledge regarding care and use of any animals, especially working and
hunting dogs. They work in “incremental steps” to accomplish their radical
Texas Penal Code 42.092 Cruelty to Nonlivestock Animals, Section (a) (7)
already 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 and covers all dogs – whether tethered
or not tethered.
2015 House Calendars Committee
Todd Hunter, Corpus
Fax: 512 463 2101 (does not want emails)
Eddie Lucio, iii, Brownsville
Roberto Alonzo, Dallas
Byron Cook, Rep, Corsicana
Sarah Davis, Houston
Charlie Geren, River Oaks
Helen Giddings, Desoto
Patricia Harless, Spring
Dan Huberty, Kingwood
Eric Johnson, Dallas
Ken King, Panhandle
Lyle Larson, San Antonio
Four Price, Amarillo
Four.firstname.lastname@example.org (preferred email)
Debbie Riddle, Spring
Justin.email@example.com (person answering phone)
Eddie Rodriguez, Austin
Analysis of the most vital part of the bill criminalizing animal owners:
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. Bloggers Note: They won’t do that-this change will allow non-layer layman JP judges to hear these cases, issue a ruling and take property, no matter the value -The only thing transparent is the corruption and the terrorism within our borders by our elected politicians.
Originally submitted as a comment at the link below-TY Fred for taking the time to keep us informed.
SPECIAL BLOGGERS NOTE: This will now make animal cruelty a class C from a class A if criminally charged under this statute-Penal Code of animal cruelty remains a class A misdemeanor-This makes the change even more volatile as it will allow a JP judge who likely is a layman non-lawyer and likely issued the warrant-Kiss you ass and Rovers good-bye, On a personal note: in Marion County with JP Judge Lex Jones on the bench already heard a class A misdemeanor -I venture to say, many other JP judges have done the same who makes deals with Humaniacs (and whose wife provides information although he does not excuse himself for a conflict of interest)…How many others is the bigger question?!? No matter the change those JP judges committed a crime on the bench and this attempt to change from class A to class C more than admits that wrongful taking of animals and further convictions were wrongfully done]
When they practice to deceive the corruption in our judicial system is exposed
To think this is actually being considered and to also see how many changes have occurred in the TX-H&S Code 821 statute proves that the intent to continually change existing laws no matter how illegal they were when they were originally created. Any lawmaker who has support the TX-H&S Code 821 statute from it’s creation and the changes should not be in office as your representative-It’s extremely anti-American and goes against PROTECTED Civil Liberties-I’ve have warned you of this time and time again -Here we go again with yet another change to criminalize animal owners-SPECIAL NOTE: This applies to ALL animals not just dogs-I have told you all about that-once they take your animals you will likely never have them returned even though never criminally charged and/or convicted-Dangerous people create these types of law-TERRORISTS WITHIN OUR BORDERS THAT HOLD AN OFFICE WHERE THEY ARE IN CHARGE AND THE ABILITY TO CONTROL YOU WITH LAWS THAT WILL AND CAN EFFECT YOUR FREEDOM…
LINK OF INTEREST: https://topcatsroar.wordpress.com/2015/05/07/message-from-tx-rpoa-a-serious-matter-needing-your-imediate-attention-hb2562/ [provides information for contacting your representative that you are against this bill and vote no-KILL the BILL!!!]
Disclaimer connected to this blog…Things said are of my opinion and the opinions of others…Stay tuned -B