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Discussion Starter · #1 ·
Later this month the Tx Dept of Licensing and Regulation will act on the proposed rules needed to support TX HB1451. Of particular note is that while there seems to be an exemption for breeders of hunting dogs, that exemption is very weak and can be removed simply by a complaint. You should note that there is a rumor that there is a $1,000 reward for people who submit a complaint.

Eric
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TX-RPOA E-News
>From RPOA Texas Outreach and Responsible Pet Owners Alliance
Crossposting is encouraged.
March 13, 2012

Update: TX HB 1451, the misnamed "Puppy Mill" Bill

Texas Department of Licensing & Regulation (TDLR) Commission is meeting 9:00

AM, Tuesday, March 27th, 2012 to approve the "Rules" for implementing and
administering the new Texas Dog and Cat Breeders Bill. First Floor Meeting
Room, 1106 Clayton Lane, Austin, TX.

Brian Francis, TDLR Asst. Director, sent RPOA the following information:

1) The Exemption for "Persons Who Breed Special Purpose Dogs that are used
for herding livestock, agriculture uses, hunting, tracking, chasing,
pointing, flushing, retrieving game; competing in field trials, hunting
tests, or similar organized performance events" does NOT include dogs bred
for Conformation Dog Shows.

2) Evidence for the above listed exemptions is "self executing," says
Francis, which means that a person does not have to file anything with TDLR
up front if they are claiming an exemption for breeding these type dogs.

3) HOWEVER! If someone files a complaint against those exempted dog
breeders saying they should be licensed as a Cat or Dog Breeder, then TDLR
will ask that breeder to provide proof that each dog is exempt with entry
registration forms or receipts from an entity conducting the event.
[Charles Johnson, TDLR counsel, said the breeder must have the defense ready
"if they come after you."] It will be decided case by case. Such proof
must conclusively identify and relate to the specific dog for which an
exemption is requested.

4) March 27th: The Commission will be given the proposed Rules, Summaries
of Comments, Access to all Comments; and Advisory Board Draft Recommendation.

5) The Draft "Rules" will not be placed on the TDLR website prior to their
vote but will be available at the Commission Meeting.

6) Along with their vote to adopt the Rules, the Commission will set the
effective date. [Ed: The Statute sets effective date for licensed
compliance as September 1, 2012.]

7) Anyone wishing to speak at the Meeting can sign up and identify which
agenda item they want to discuss. The Chairman decides what, if any, time
limits are needed.

Speakers are allowed but the Rules are already written and will be approved
at this meeting in order to meet the Statute's March 31st deadline. Claims
that certain changes have been made by the Breeder Licensing Advisory Committee
are premature as Charles Johnson, TDLR general counsel, frankly told the
Committee that nothing is a done deal at this point and their role was
simply to make recommendations to the TDLR Commissioners.

REPORT ON: MARCH 1, 2012 LICENSED BREEDERS ADVISORY COMMITTEE MEETING:

TDLR Commission Chairman Frank Denton warned that "everyone in the room will
not get everything they want" and reiterated that "Nothing has taken place
yet by the Commission."

TDLR received 10,000 Public Comments from all over the country, not just
Texas. There was heavy security for the Meeting with no explanation.

Kirby Brown, Texas Wildlife Association, addressed the Licensed Breeders
Advisory Committee regarding exemptions for certain dog breeders and said
TDLR does not have the authority to require dog breeders to submit evidence
acceptable to TDLR" proving" exemptions for each individual dog. It is an
enforcement issue, he said, and "wished them luck on how to do that!"

Speakers from the Animal Rights Brigade were:
Robert "Skip" Trimble, representing Texas Humane Legislative Network (THLN),
self and HSUS;

Cile Holloway, THLN president;

Monica Hardy, THLN executive director;

Nicole Paquette, HSUS director for Texas, who claimed HSUS has 500,000
members in Texas. ["Humane Watch" has reported HSUS 2010 IRS Tax Return
states that its "All Animals" magazine -- included with $25 membership --
has a circulation of just 450,000 nationally. So this is obviously an exaggeration.];

James Bias, SPCA of Texas;

Elizabeth Choate, representing Texas Veterinary Medical Association, who
helped the animal rights extremists write HB 1451, the national HSUS
template which is being proposed in many states.

TDLR finally posted Responsible Pet Owners Alliance's public comments to
their website after some prodding but can be found more easily on our
website:
http://www.rpoatexasoutreach.org/HB1451WatchDog/TDLR-TXRegisterComments.pdf
Thanks to all the groups and individuals who sent us their input and
comments as we represent a very diverse group of animal owners. We probably
overlooked some issues, but it is impossible to make HB 1451 acceptable.
We'll keep you informed.
 

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I've been following some of this. The bounty isn't a rumor. $1,000 for your neighbor to turn you in. Also of grave concern is the temperature ranges of 45 - 85 degrees. Some puppies need to be kept warmer than 85. I am not sure how hte temperature requirements will effect training.
 

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Discussion Starter · #4 ·
I've just sort of glanced at the proposed rules but for right now, if I were a breeder in Texas I would only sell my puppies to people in other states. If you are eligible to come under this law and sell a puppy that is not hunting, you could face fines or penalties.

Eric
 
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