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Gerry Clinchy
11-17-2011, 08:00 PM
Most of these laws start out as ways to protect the poor animals from the "commercial" breeders like puppy farms and puppy mills, but they end up encompassing hobby breeders as well.



Texas Department of Licensing and Regulation (TDLR) held the first meeting
yesterday of the newly appointed Licensed Breeders Advisory Committee in
Austin. The committee is mandated in HB 1451, the HSUS and Texas Humane
Legislation
Network anti-breeding bill signed into law by Governor Rick Perry June 17.
It includes 9 members: 2 licensed breeders, 2 veterinarians, 2 public
members, 2 animal welfare organizations and 1 animal control officer.
Most notable was the constant reference to the Breeder "Industry" throughout
the meeting; in spite of the fact that "commercial" and "high volume"
wording was removed from the Breeder Definition before bill passage. THLN
said they wanted to get "anything passed and come back later." It's all
incremental steps with the extremists.
RPOA viewed the meeting online (in spite of the connection dropping several
times) and made the following observations:
1. TDLR bragged about their department being the "model" agency in Texas,
the most competent staff in state government with capable enforcement.
2. Frank Denton, TDLR Commission Chairman, pointed out that everyone there
wanted humane treatment of animals. He said committee members were
appointed by a unanimous vote. The rules written must be fair, reasonable
and enforceable and warned the next 6 months would be intense for the
committee.
3. Chairman Denton told them that committee members only serve in an
"advisory" capacity and cannot make public policy. He said if "one side"
[Animal Welfare vs Animal Rights?] gets all they want, it will not be a
"fair" deal. So compromise is the rule of the day, not what is best for the
animals and their future.
4. Two breeders represent the "Breeder Community" on the committee, TDLR
says, but due to the convoluted language in HB 1451, these two committee
members CANNOT vote! Only "licensed breeders" can serve on the committee
and no one is licensed in the state at this time.
5. TDLR stated that they have no control over some issues because of the
statute mandates. A "draft" of the proposed rules will be given to
committee members at the next meeting to give them a "skeletal structure"
for starters. Rules are supposed to be written by the committee or at least
under their "advisement."
6. Quite troublesome is the division of the committee into "Committee Work
Groups." RPOA has found from many years of serving on committees and in
focus groups that this is simply standard government procedure to weaken
input and to control the committee outcome. The three separate work groups
will be for Licensing, Standards, and Compliance respectively but have not
been appointed yet. Although everything will come back to the entire
committee for approval, this method stifles major input from knowledgeable
members on all topics due to time constraints.
7. A public directory of licensed dog and cat breeders will be established
so breeders should be prepared for major "animal rights" harassment. Let's
hope we don't have dogs and cats released as mink breeders have encountered.
Also a database will be posted of violations. Yet to be determined,
according to statements made by TDLR, are how payments for "snitches" will
be handled and how donations are taken and disbursed.
8. Proposed Rules will be published in the Texas Register for public
comment later. Next meeting the committee will be given the Statutes and
the draft of Rules already written by TDLR.
Brian Francis with TDLR spoke to the committee about how to "read" the law
(HB 1451). Watch for "shall" or "may;" also "and" and "or" which change
interpretation completely.
9. Third Party Inspectors: HB 1451 defines Third Party Inspectors to mean
a state agency or local policemen or fireman.) Francis used the word "if"
regarding the use of third party inspectors so the decision hasn't been made
yet. This would allow radical "animal rights" extremists to be in the
driver's seat, closing down breeding facilities.
10. Francis talked about the RFP (Request for Proposal) for Training and
Enforcement Procedures which was sent out by TDLR before the Advisory
Committee was even seated. Deadline for RFP submissions has passed and they
received three applications.
11. TDLR said they have consulted with experts in other states and don't
intend to make the mistakes they made in Oklahoma. Say they will have to
determine what is "intact;" and there isn't such a thing as a generic
facility so protocol must be developed.
12. Criminal Background Checks for Applicants: Criminal conviction
guidelines to refuse or revoke licenses must be written.
Committee Member Larry Munchrath, USDA licensed cat breeder (who can't
vote!), asked if inspectors will have background checks and the reply was
"Yes."
Committee Member Babette Ellis asked how many other regulations deal with
people's homes? TDLR replied "Barbers, air conditioning, etc." So this is
common procedure for TDLR if the home is in close proximity to the activity.
Must be up and running by September 1, 2012 with dog and cat breeders
licensed and in compliance. HB 1451 has clear parameters which TDLR must
follow.
All in all, it was a sad day for Texas dog and cat breeders
.

JDogger
11-17-2011, 09:33 PM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD

charly_t
11-17-2011, 10:51 PM
Once again the "inmates" are running the "hospital". There was a threat today against someone ( dog breeder related ). I missed all the story except the last few words and I can not get anything called up on that site. At least it worked that way the last time I tried to find something on there.

charly_t
11-17-2011, 11:12 PM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD

Not enough dog breeders of any kind ( or all kinds ) to vote these slick willies out of office. Most people haven't a clue about what we dog breeders do nor the sleepless nights etc. Animal Rights people have painted we dog breeders as bad. Their aim was to put us all out of business and they are winning. This will wind up just like any other business in the USA. People will be getting their dogs/puppies from other countries. I can't work full time and plus making a "go" of a business where I make "0" dollars. I am glad to be retired in some respects. Mostly though I found dogs to be more lovable than lots of people :-)

caryalsobrook
11-18-2011, 06:52 AM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD
Not specifically aimed at the dog laws, I agree with all that you say(surprise huh?). But you left out one detail that so many leave out and that is THE CONSTITUTION!

luvmylabs23139
11-18-2011, 08:38 AM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD


Not really. The majority of animal control laws around here are by county, however a vast majority of the county I live in contains a city, and we have anexation laws where the city can vote to make you part of the city but since you don't live in the city you cannot stop it. That is flat out lack of representation. Since you cannot vote on anything the city does or the lawmakers until you live in the city you are screwed. The city says we will grab you and force you into the city and by law there is zero you can do about it. You can't vote because you don't live in the city to stop becoming part of the city. Those of us outside of city lines are being stuck with laws that make no sense outside of city lines but we cannot do anything to stop it.

scott2012
11-20-2011, 08:43 PM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD

Dude you live in fairy tale land......but nice try!!

Gerry Clinchy
11-21-2011, 04:04 AM
Laws are laws, If you don't agree with them. Note the names of your elected officials that inacted them and voted for them. Do not vote for them again. It's so simple folks. Nothing happens in a vacuum. The people inacting these laws are the people you voted for. Throw them out.

We are still a representative democracy....Que no?

If the elected representatives reflect the consensus though? Tough titty. Eh? JD

Charly concisely laid out the problem. Hobby breeders are a small portion of the electorate, and this is one instance were our "republic" does not protect this minority. Breeder groups in these areas fought these laws (with facts), but couldn't match the power ($) of groups like HSUS.