Oppose - HB 998 requires $100,000.00 insurance

[uglydog]

Edit postDelete postReport this postInformationReply with quoteJust the beginning - 82 (R) HB 998
by jls41 » Fri Feb 04, 2011 9:30 am

‎82(R) HB 998 - Introduced version - Bill Text
http://www.capitol.state.tx.us/

82R2547 JSC-D

By: McClendon H.B. No. 998


A BILL TO BE ENTITLED
AN ACT
relating to the civil liability of and insurance requirements for
owners of certain dogs; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 822, Health and Safety
Code, is amended by adding Section 822.008 to read as follows:
Sec. 822.008. CIVIL LIABILITY AND LIABILITY INSURANCE FOR
CERTAIN DOGS. (a) This section applies only to a male dog that:
(1) has not been neutered;
(2) weighs 20 pounds or more; and
(3) is not restrained at all times:
(A) on a leash in the immediate control of a
person; or
(B) in a secure enclosure.
(b) The owner of a dog described by Subsection (a) is liable
for damages to property and for death or bodily injury to a person
resulting from an attack by the dog.
(c) The owner of a dog described by Subsection (a) shall
maintain liability insurance coverage in an amount of not less than
$100,000 for each occurrence for liability for damages to property
and for death or bodily injury to a person caused by the dog.
(d) A person commits an offense if the person violates
Subsection (c). An offense under this subsection is a Class C
misdemeanor unless it is shown on the trial of the offense that the
person has previously committed an offense under this subsection,
in which event it is a Class B misdemeanor.
SECTION 2. Section 822.008, Health and Safety Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
as it existed at the time the cause of action accrued, and that law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.

[zachW]

ok, im not smart just an ag major, but does that mean if you have dogs that just run amuck you must have insurance?

[jls41]

If you own an intact male dog weighing over 20 pounds that could potentially be off a leash or out of a pen, insurance on that dog will be a requirement if this bill passes.  It is the same Mandatory Spay/Neuter in a different package!  This will affect all hunting and working dogs.  Contact your state reps today and tell them to VOTE NO for this bill!!

[Dogojones]

http://www.ussportsmen.org/page.aspx?pid=2665

Texas Bill Would Cost Sporting Dog Owners Big Bucks

2/10/11

A bill introduced in Texas would require sporting dog owners to purchase liability insurance for many of their dogs.

Take Action! Texas sportsmen should contact their state representatives today and ask them to oppose House Bill 998. Tell them the bill will create a financial hardship for many responsible sporting dog owners.

House Bill 998, introduced by Rep. Ruth McClendon (D- San Antonio), would require owners of unneutered male dogs weighing 20 or more pounds, that are not restrained at all times, to carry a minimum $100,000 insurance liability policy. A dog is only considered restrained if it is either kept in an enclosure or kept on a leash under the immediate control of a person at all times.

Failing to purchase the insurance would be a class C misdemeanor.

Under the bill, many sporting dog owners will be forced to buy the insurance policy, neuter their dog, or face criminal charges. In addition, a large number of sporting dog breeds weigh more than 20 pounds and would be considered “unrestrained” under the bill’s definition when hunting, training, or field trialing. Even a securely tethered dog would be considered unrestrained by this bill.

“It is completely unreasonable to require a dog owner who wants take their dog hunting or to even play fetch in an unfenced back yard to require them to purchase liability insurance to do so,” said Jeremy Rine, U.S. Sportsmen’s Alliance associate director of state services. “In addition to being costly for dog owners, this bill sets an arbitrary weight threshold – what happens if you have a dog that regularly fluctuates between 19 and 20 pounds? This bill is unnecessary and unreasonable and should be opposed by all dog owners alike.”

To find your state representative’s contact information, please visit www.ussportsmen.org/LAC.

[jls41]

Exactly!!  That is why LSWDA is pushing the Bill proposal we have so that Bills just like this do not effect working or hunting dogs.  Our s would EXEMPT all working dogs from this type of legislation.  Please help us put it in to a State Reps hands that will sponsor it.

www.lswda.org/

[uglydog]

TEXANS - BETTER FIGHT THIS ONE! CONTACT INFO BELOW
.A Message from Zandra, Anderson, Texas Dog Lawyer and Founder of Texas Dog Commission

How HB 998 Affects Rescue Groups & Pet Businesses: Opposed by Texas Veterinary Medical Association

Watch HB 998 coverage on Channel 2 (NBC Local Affiliate) on Wednesday, March 23, 2011 at 10:00 p.m. Zandra was interviewed for this segment.

--Targets intact male dogs of all breeds if 20 or more pounds (Beagles to Bull Mastiffs) so is bsl without naming breeds

--Owners must:

     (1) buy $100,000.00 doggy insurance

     (2) keep dog in a secure enclosure meant for dogs legally deemed dangerous

     (3) keep dog on leash in immediate control

     (4) post dangerous dog signs even though dog has done nothing wrong.

     (5) Owners held strictly liable for anything dog does without defenses.

 

This bill is opposed by the Texas Veterinary Medical Association which has given permission for their position to be included in the Texas Dog Commission's briefs and communications with the legislators. As of this writing, close to 100 animal organizations have as well (dog clubs, rescue organizations and pet businesses).

Here's the kicker--in the Health and Safety Code, "owner" is defined as anyone who has custody or control of the dog.

That means that rescue organizations and pet businesses (dog sitters, kennels, doggy daycare, pet stores, dog walkers, veterinarians, etc.) will have to buy the insurance.

 

This law applies to puppies as long as they weigh 20 pounds so for some giant breeds, they will be very young at that weight. Rescue groups will have to purchase the insurance even though they might only have the intact puppies or dogs pulled from kill shelters briefly before they are altered or placed, but it doesn't matter. These groups will still have to have the insurance to be in compliance with this proposed law.

 

This will be devestating because rescue groups will tend to overlook the boy dogs because saving the girls is less expensive. As with all errant dog laws, the dogs always pay the ultimate price and the kill rate will increase.

 

As a huge advocate for spay neuter initiatives, this is not what this law is about. There are valid reasons to keep dogs intact to pass on their good genes (police work, search work, conformation, hunting, racing, agility, obedience, etc.) and these dogs are socialized and are not a threat to people. This bill is about having fair and logical laws for all dog owners.

 

Doggy insurance for male dogs today? Who will be next? Kitty insurance? The $100,000.00 policy is over 3 times what auto insurance costs, yet dog bite related fatalities are very rare (only 31 in 2009 for the entire U.S.). Kids are far safer with dogs that with their own parents. A perfect world can't be legislated so the risk has to be considered when passing harsh laws like this one.

 

Voice your opposition to this bill by writing, faxing and calling. Emails are not effective.

 

House Committee on Judiciary & Civil Jurisprudence

 

 

Jim Jackson (District 15--[Carrolton] Dallas County)

Room E2.718, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0468

(512) 463-1044 Fax

 

 

Tryon D. Lewis (District 81--[Odessa] Andrews, Winkler, Ector Counties)

Room E2.508, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0546

(512) 463-8067 Fax

 

 

Dwayne Bohac (District 138--[Houston] Harris County)

Room E2.904, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0727

(512) 463-0681 Fax

 

 

Joaquin Castro (District 125--[San Antonio] Bexar County)

Room E2.204, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0669

(512) 463-5074 Fax

 

 

Sarah Davis (District 134--[Houston], Harris County)

Room EXT E1.312, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0389

(512) 463-1374 Fax

 

 

Will Hartnett (District 114--[Dallas] Dallas County)

Room CAP 4N.10, Capitol

P.O. Box 2910

Austin, TX 78768

(512) 463-0576

(512) 463-7827 Fax

 

Jerry Madden (District 67 --[Plano] Collin County)_

Room CAP GW.11, Capitol

P.O. Box 2910

Austin, TX 78768

(512) 463-0544

(512) 463-9974 Fax

 

Richard Pena Raymond (District 42--[Laredo] Webb County)

Room CAP 1W.04, Capitol

P.O. Box 2910

Austin, TX 78768

(512) 463-0558

(512) 463-6296 Fax

 

Connie Scott (District 34--[Corpus Christi] Nueces County)

Room E2.302, Capitol Extension

P.O. Box 2910

Austin, TX 78768

(512) 463-0462

(512) 463-1705 Fax

 

Senfronia Thompson (District 141--[Houston] Harris County)

Room CAP 3S.6, Capitol

P.O. Box 2910

Austin, TX 78768

(512) 463-0720

(512) 463-6306 Fax

 

Beverly Wooley (District 136--[Houston] Harris County)

Room CAP GS.02, Capitol

P.O. Box 2910

Austin, TX 78768

(512) 463-0696

(512) 463-9333 Fax

Thank you so much for all your help!

Zandra, Zeus & Zena

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