EAST TEXAS HOG DOGGERS FORUM

On March 11th, two bills were filed which would require spay / neutering of all animals in Texas unless a permit is held for each animal owned.  Note that such permits would be $300 for each animal.

The text of SB 1845 is copied below.  Of interest is chapter 830.  Here is a link http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01845I.htm (http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01845I.htm)



 81R7481 JSC-D
 
  By: Van de Putte S.B. No. 1845
 
 
   A BILL TO BE ENTITLED
   AN ACT
   relating to the sterilization of dogs and cats; providing a 
   penalty.
          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
          SECTION 1.  The heading to Chapter 828, Health and Safety 
   Code, is amended to read as follows:
   CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
          SECTION 2.  Section 828.002, Health and Safety Code, is 
   amended to read as follows:
          Sec. 828.002.  REQUIREMENTS FOR ADOPTION. (a) Except as 
   provided by Subsections (b) and (c) [Section 828.013], a releasing 
   agency may not release a dog or cat for adoption unless the animal 
   has been sterilized [or the release is made to a new owner who signs 
   an agreement to have the animal sterilized].
          (b)  This section does not apply to an animal:
                (1)  that is less than six months old;
                (2)  for which a veterinarian has certified that the 
   animal should not be sterilized for health reasons; or
                (3)  that is a service animal.
          (c)  This section does not apply to an animal that is claimed 
   from a releasing agency by a person who already owns the animal if:
                (1)  the animal is exempt under Subsection (b);
                (2)  the animal is a purebred animal displayed at a 
   competitive exhibition to determine how well it physically conforms 
   to an established breed standard; or
                (3)  the owner holds a permit for the animal issued 
   under Section 830.003.
          SECTION 3.  Section 828.0035, Health and Safety Code, is 
   amended to read as follows:
          Sec. 828.0035.  STATE BOARD OF VETERINARY MEDICAL EXAMINERS.   
   The State Board of Veterinary Medical Examiners shall:
                (1)  develop information sheets regarding surgical or 
   nonsurgical sterilization to be distributed by a releasing agency 
   to a new owner; and
                (2)  adopt rules requiring a dog or cat [an animal] that 
   has been sterilized [under this chapter] to receive an 
   identification marker in a manner authorized by the board.
          SECTION 4.  Section 828.012(a), Health and Safety Code, is 
   amended to read as follows:
          (a)  Surgery or nonsurgical sterilization of a dog or cat
   [performed in accordance with this chapter] must be performed by a 
   veterinarian or a full-time student of an accredited college of 
   veterinary medicine as provided by Chapter 801, Occupations Code.
          SECTION 5.  Title 10, Health and Safety Code, is amended by 
   adding Chapter 830 to read as follows:
   CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO 
   STERILIZE
          Sec. 830.001.  DEFINITIONS. In this chapter: 
                (1)  "Sterilization" means the surgical removal of the 
   reproductive organs of a dog or cat or the use of nonsurgical 
   methods and technologies approved by the United States Food and 
   Drug Administration or the United States Department of Agriculture 
   to permanently render the animal unable to reproduce.
                (2)  "Veterinarian" means a person licensed to practice 
   veterinary medicine by the State Board of Veterinary Medical 
   Examiners.
          Sec. 830.002.  STERILIZATION REQUIRED. (a) Except as 
   provided by Subsection (b), a person who owns a dog or cat shall 
   have the animal sterilized.
          (b)  This section does not apply to an animal:
                (1)  that is less than six months old;
                (2)  for which a veterinarian has certified that the 
   animal should not be sterilized for health reasons;
                (3)  that is a service animal;
                (4)  that is a purebred animal displayed at a 
   competitive exhibition to determine how well it physically conforms 
   to an established breed standard; or
                (5)  for which the owner holds a permit issued under 
   Section 830.003.
          Sec. 830.003.  INTACT ANIMAL PERMIT. (a) A person must hold 
   an intact animal permit issued by the appropriate local animal 
   control authority for each dog or cat the person keeps unsterilized 
   for breeding purposes.
          (b)  An animal control authority shall charge a fee for the 
   issuance of a permit under this section in the amount of $300.
          Sec. 830.004.  CRIMINAL PENALTY. A person who violates 
   Section 830.002 commits a Class C misdemeanor. Each animal that a 
   person owns in violation of that section is a separate offense.
          SECTION 6.  Sections 828.003, 828.004, 828.005, 828.006, 
   828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health 
   and Safety Code, are repealed.
          SECTION 7.  This Act takes effect September 1, 2009.

so can we do anything to fight this ?

just another way for the state to make money  >:(

the more these stupid bills keep coming, the more it looks like i will be a law breaker.

There are actually a couple more bills that are in front of the legislation this spring that would affect us dog owners.  here are a few others

http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB00634I.htm (http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/SB00634I.htm)

Harris county is included in HB458
http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB00458I.htm (http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HB00458I.htm)

How would you feel about the county being able to tell you how many dogs you could own even in an unincorporated part of the county.

yes, we can do things to fight this.  If you are not a member of a sportsman's orgainzation, become one.  The Texas Dog Hunter's Organization works against bills like this.  I encourage all dog hunters, if you are not already a tdha member, join up and help us put a stop to this kind of legislation.  The more members we have, the more successful we can become. 

www.tdha.org

  Some may think this is a stupid quistion but how do I sign up me and my family, can any one tell me, thanks for your help in advance.

that's not a stupid question at all.  when the website gets back up, which should be in the next 24 hours or so, you can go to the tdha website, www.tdha.org  and you should be able to sign up online, or you can print off the form and send it in with your 25 dollars and your in.  I'd also like to say thank you for your interest.

   Ya I'm one of those, that have to many dogs. I coon hunt and hog hunt but I dadgum sure want to be the one to thin my dogs out if they need thinin, it seems to me we get a little closer to livin under comunism more every year. Sorry to vent but I don't like the thought of someone bein able to tell me which dog I can breed out of and which one's I have to get rid of, seems to me that ought to be the man feeding them's decision so ya count me in on fightin this thing. Thanks for your reply I'll keep checkin on the web site.

hey lance, im already a member to tdha. but want to do more ! im planning on meeting you and mr. mason on the 8th here in austin. but there has to be more we can do. i know you have been realy involved in tdha so if you ever need any help please let me know. want to do my part  and would like to encourage others to do the same !!!!

hogstalker , you said it better than i could have !!!

for now i think that a big thing that we can do is to be a very squeaky wheel, when it comes to our legislators.  the more emails and phone calls they get, and the more folks talking  to them the more likely they are to listen, and the more likely we are to defeat bills like this.  hog stalker, i share your opinions on this subject.   i often wonder where we would be if folks were not allowed to breed.  would we even have curs? bulldogs?  hounds? 

TDHA web site is up and running again.
Here is link to the court room where I keep things up to date on what's going on.
http://thenewtdha.com/smf1.5/index.php?PHPSESSID=9a3359817607948f1dab6f4b68281b50&board=13.0

Up coming bill have been up for 2 weeks and only 18 have viewed them.
We need to respond to these bills and speak out against them.