>From RPOA Texas Outreach and
Responsible Pet Owners Alliance
Crossposting is encouraged.
February 12, 2012
Re: Texas Department of Licensing & Regulation (TDLR)
We're preparing RPOA's Comments to the Texas Register for the proposed TDLR
"Rules" regarding administration of HB 1451, the Anti-Breeding Bill. We've
seen the Action Alerts circulating. Be forewarned that everyone who submits
comments to TDLR will have their name and other information made public
records. If you want to remain anonymous, email RPOA your concerns with the
Rules and we'll include them in our comments.
There is so much misinformation circulating. Your comments are most likely
NOT going to get the changes you want. RPOA does not support the USDA
regulations in HB 1451 (as some say they do) because they cannot be met in a
homeenvironment due to extensive requirements for drainage, impervious
cover, temperatures and kennel requirements, etc. The Animal Rights
Extremists knew this bill would shut down home based breeding in Texas and
deliberately wrote the breeder definition to accomplish their agenda.
TDLR cannot change a single word written in HB 1451, including the Dog and
Cat Breeder Definition. Only the Texas Legislature can change HB 1451
language. TDLR can only make the "rules" stricter than stated in the bill,
not less.
You will still be able to advertise as a dog or cat breeder in Texas if you
are under the numbers defined in the Breeder Definition. This is being
widely misinterpreted.
You do not have to let anyone in your house/premises without a Search
Warrant unless you have *applied* for a Breeder License. But be very
polite, step outside and close the door behind you; then tell them they must
have a
Search Warrant. More on this later. If anyone harasses you, stalks your
premises, threatens you or frightens you in any way, get all their
information and contact RPOA immediately as our attorney is on retainer for
HB 1451. E-mail
rpoa@texas.net .
Nothing is carved in stone except the bill itself. Don't be deceived by the
TDLR offer to grandfather anything in existing facilities provided you
license your facility before September 1st because that is NOT written in HB
1451 and can be changed easily. Kuntz admits the number of potential
licensees is unknown and the fees must cover all costs of administering the
new law. There's no way Texas has 600 potentially licensed breeders as TDLR
predicts.
HSUS and Texas Humane Legislation Network have a national e-mail campaign
directed to TDLR, urging them to make the regulations stricter than the USDA
regulations and threatening action with the Attorney General. But this just
proves what their real agenda was all along - to stop all dog and cat
breeding and sales
in Texas. RPOA feels our lawsuit will be more effective than emails!
Per TDLR's Brian Francis, submissions may be POSTMARKED Monday, February 20,
2012 which is the deadline for comments. Francis was informed that RPOA
opposes the use of Third Party Inspectors to enforce the new law and he
assured us that TDLR is NOT planning on using them in the foreseeable
future. He also told us that neither of the two RFP applications for course
material and inspection training services has been approved. The word of
the day is be paranoid because "they are really out to get you." We'll keep
you informed.
