Houston Humane Society (HHS)
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Legislation
Texas Legislature
2009 Legislation
(Synopses only. Go to www.legis.state.tx.us for full text of bills)
End-of-Session 2009 Legislative Report
This year's legislative session was a devastating loss for Texas animals and the animal welfare community. Good
animal protection bills were killed -- not because they lacked merit and support -- but because they fell victim to
House and Senate trade-offs and bill sabotage that served neither the interest of the decent people of this state
nor the animals.
To this end, the puppy millers and the cockfighters, who shared the same legislative counsel, are savoring their joint
victories as the clear winners of the 2009 Legislative session.
The losers? The dogs and cats who will continue to languish in the cruel and squalid conditions of mass breeding
facilities and the gamecocks that will continue to be flayed to death with razor sharp steel blades in staged bloodsport
events throughout the state.
The profiteers of such cruelty portray themselves as "pet lovers" and "game fowl raisers" to the media and the outside
world, but it is by their actions and not their words that they will come to be known.
We will rebound from our defeats and begin our work anew, strengthened by the knowledge that there are more of us
who oppose puppy mill cruelty and staged animal fighting than there are those who make their living from these
reprehensible industries.
We will regroup, continue to increase our numbers statewide, strengthen our political relationships with our legislators
and be ready to work even harder and more effectively in the 82nd Legislative Session.
We have some exciting events in the planning stages for the months ahead to engage our newly formed regional
chapters and to help raise public awareness about THLN and our fight against animal cruelty.
Thank you for ALL OF YOUR HARD WORK this session and please know that your local efforts helped win the support
of many of your legislators. Both the puppy mill and the cockfighting bills passed the House of Representatives with
overwhelming support, which was no easy feat.
Many good bills take more than one session to be successful, so let's build on the groundwork we've laid and move
ahead.
The final results of the 81st Legislative Session:
Supported Bills:
HB 853 - A bill to include companion animals in domestic violence protective orders - Failed
HB 1320 - A bill to strengthen existing cockfighting laws - Failed
HB 3180 - A bill to regulate puppy mills and pet sales - Failed
HB 3713 - A bill to make technical changes to assist animal control departments in euthanizing animals by allowing
them to handle controlled drugs used for sedating animals prior to euthanasia - Failed
SB 554 / HB 1147 - A bill to allow dog fighting to be classified as organized crime and additionally allows for the
forfeiture of all property including cash, vehicles, etc. associated with dog fighting - Passed
SB 634 - A bill relating to the unlawful restraint of a dog - Failed
SB 1845 - A bill relating to the sterilization of dogs and cats; providing a penalty - Failed
Bills/Amendments Opposed:
HB 836 - A bill relating to sport hunting of feral hogs by helicopter - Failed
HB 1500 - A bill that would allow hunting, trapping and capture of reptiles, amphibians and insects from public roads
or right of ways - Failed
HB 3117 - A bill relating to the possession, custody, or control of a bobcat, cougar, or coyote - Failed
SB 408 (amendment) amends the current civil seizure statute to give the animal owner an appeal from the justice
court order dispossessing the owner of ownership in the animal - Passed (HB 1046 was the original bill in the House
where it failed, but the language of HB 1046 was attached to SB 408 as an amendment - which passed)
House Bills
Sponsor(s): Thompson - District 141
Summary: COMPANION TO SB 1910 - "Relating to the licensing and regulation of commercial dog and cat breeders
and the regulation of dog and cat dealers; providing penalties.'
Analysis: This is a THLN sponsored bill that would require the licensing and regulation of puppy mills and would also
provide a puppy and kitten lemon law to provide consumers with remedies for defective dogs and cats.
Sponsor(s): Bolton - District 47
Summary: "Relating to the possession or distribution of certain controlled substances by certain persons for purposes
of a humane society or animal control agency."
Analysis: This bill was requested by the Texas Animal Control Association to allow them to use Ketamine and Telazol
to sedate animals prior to euthanasia.
Sponsor(s): Leibowitz - District 117
Summary: "Relating to creating an offense for the trappping of wild deer by a deer breeder and to the cibil and criminal
consequences of engaging in certain conduct associated with deer breeding; providing penalties."
Analysis: Culture, Recreation & Tourism: This bill creates an offense for the trapping of wild deer by a deer breeder.
Sponsor(s): Laubenberg - District 89
Summary: "Relating to sport hunting of feral hogs by helicopter."
Analysis: This bill allows sport hunting of feral hogs from a helicopter.
Sponsor(s): Laubenberg - District 89
Summary: "Relating to inclusion of pets and other companion animals in protective orders; providing a penalty."
Analysis: This bill will allow courts to protect companion animals in domestic abuse situations.
Sponsor(s): Aycock - District 54
Summary: "Relating to the confidentiality of investigation records of the State Board of Veterinary Medical Examiners
and clarification of the regulatory authority of the board."
Analysis: Currently all investigation records of the State Board of Veterinary Medical Examiners are confidential and not
available for inspection. This bill makes certain exceptions to allow the complainant to see the veterinarian's
response, to allow the board to share information discovered during the investigation with other governmental
agencies and to publish the results and summary of the facts of the offense.
Sponsor(s): Tracy O. King - District 80
Summary: "Relating to a documented member of the Kickapoo Traditional Tribe of Texas hunting certain deer."
Analysis: This bill would allow year round hunting of deer by Kickapoo Indians - in other words, there would be no
hunting season for deer by this tribe.
Sponsor(s): Laubenber & Eissler - Districts 89 & 15
Summary: "Relating to the regulation of certain activities on a public highway or road, the right-of-way of a public
highway or road, or a parking lot."
Analysis: This bill would allow all counties to regulate the sale of animals from public roads or rights of way or parking
lots. Currently this is possible only in counties with a population of more than 1.3 million. This bill would make it
applicable to all counties.
Sponsor(s): McCall - District 66
Summary: "Relating to the unlawful restraint of a dog."
Analysis: This bill strengthens the anti-tethering law that was passed last session. There are many loopholes in the
current tethering law and this bill closes those loopholes and makes it unlawful to restrain a dog unless the owner
is present. It also requires for proper housing of dogs kept outdoors.
Senate Bills
Sponsor(s): Uresti - District 19
Summary: COMPANION TO HB 853 - "Relating to inclusion of pets and other companion animals in protective orders;
providing a penalty."
Analysis: This bill will allow courts to protect companion animals in domestic abuse situations.
Sponsor(s): Van de Putte - District 26
Summary: COMPANION TO HB 4277 - "Relating to the sterilization of dogs and cats; providing a penalty."
Analysis: This bill would require all animals leaving animal shelters to be sterilized and would also require owners of
unsterilized animals to purchase an intact animal permit from their local animal control authority.
Sponsor(s): Whitmire - District 15
Summary: COMPANION TO HB 3180 - "Relating to the licensing and regulation of commercial dog and cat breeders
and the regulation of dog and cat dealers; providing penalties."
Analysis: This is a THLN sponsored bill that would require the licensing and regulation of puppy mills and would also
provide a puppy and kitten lemon law to provide consumers with remedies for defective dogs and cats.
Sponsor(s): Ellis - District 13
Summary: COMPANION TO HB 1320 - "Relating to creating an offense for engaging in certain conduct relating to
cockfighting and to the criminal and civil consequences of committing that offense."
Analysis: This bill would outlaw certain cockfighting support activities, such as owning or operating a facility for
cockfighting, owning cockfighting equipment, owning or training a cock to fight, or attending a cockfight. It would also
cause these activities to be classified as a criminal conspiracy and allow the seizure of cockfighting equipment as
contraband.
Sponsor(s): Whitmire - District 15
Summary: COMPANION TO HB 1147 - "Relating to conduct constituting the offense of dog fighting and to the criminal
and civil consequences of committing that offense."
Analysis: This bill allows dog fighting to be classified as organized crime and additionally allows for the forfeiture of all
property including cash, vehicles, etc. associated with dog fighting.
Sponsor(s): Uresti - District 19
Summary: COMPANION TO HB 1595 - "Relating to a documented member of the Kickapoo Traditional Tribe of Texas
hunting certain deer."
Analysis: This bill would allow year round hunting of deer by Kickapoo Indians - in other words, there would be no
hunting season for deer by this tribe.
House Joint Resolutions
Sponsor(s): Anderson - District 56
Summary: "Proposing a constitutional amendment relating to the right to hunt and fish."
Analysis: This bill proposes a constitutional amendment to protect the right to hunt and fish.
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