Action Alert: Texas Animal Owners - Animal seizure bill is in Senate committee

Information from Responsible Pet Owners Alliance

OPPOSE: Texas SB 1528
which allows a "magistrate" to issue a search warrant (making the seizure ofan animal much easier than existing law) and severely impacts the appealprocess in the courts for animal owners.

HB 1119 is an "animal rights" bill and was ramrodded through the Housebefore we could study it and get an alert out to you. It now goes to theSenate as SB 1528 and must be stopped. If the Senate bill moves as fast asthe House bill did, time is of the essence. Animal rights extremists areworking very hard to get this legislation passed. Do you wonder why?

SB 1528 has the potential to cause great harm to animal owners. FormerPresident Lyndon B. Johnson once said, "You do not examine legislation inlight of the benefits it will convey if properly administered, but in lightof the wrongs it would do and the harms it would cause if improperly administered."

HB 1119 (SB 1528) amends Section 821.022 - 821.025, Health and Safety Code,Seizure of Cruelly Treated Animal. HB 1119 has already passed in the Houseand gone to the Senate Committee on Health & Human Services. The bill wason a greased track and left us little time to organize opposition. Pleasecontact the committee members below and express your opposition to thislegislation which is now being proposed in the Senate.

The word "animal" is used extensively throughout the bill with no exceptions.

Subchapter A. TREATMENT OF ANIMALS, Section 821.001 defines "Animal" as:includes every living dumb creature. We have all had an elderly animal atone time or another that the public would think was being mistreated just tolook at it.

Three years ago, an 82-year-old Hispanic senior citizen named Andrea Martinez was convicted of animal cruelty in Bexar County because her elderly dog had mange. She couldn't drive to get to a veterinarian and her homeremedies didn't work. Mrs. Martinez was arrested and charged with animalcruelty and found guilty.

SB 1528 does away with due process by denying the right of appeal to mostanimal owners found guilty of animal cruelty by saying:

  1. The decision of the county court or county court at law may not befurther appealed.

  2. An owner found guilty of animal cruelty may not appeal an order:
    1. to give the animal to a nonprofit animal shelter, pound, or society for the protection of animals; or
    2. to humanely destroy the animal.

  3. An owner of an animal ordered sold at public auction may appeal but mustfile an appeal bond in an amount to be adequate to cover the estimated expenses incurred in housing and caring for the impounded animal during theappeal process. This discriminates against elderly and low income pet owners.Animal rescue organizations in Texas could be severely impacted as theanimals that come into their programs are usually terribly undernourished and sometimes have been cruelly treated prior to entering their program. Who is to know when these conditions occurred?

Existing laws have worked well.

Please call, fax, mail and e-mail the members of the Committee on Health & Human Services listed below and express your opposition to SB 1528.

The bill's text can be found at: http://www.capitol.state.tx.us. Search under Senate - Bill number and type in bill number.

Address for all:
PO Box 12068
Capitol Station
Austin, TX 78711

Chair:
Senator Jane Nelson
Phone: 512-463-0112
Fax: 512-463-0923
E-mail: jane.nelson@senate.state.tx.us

Vice-Chair:
Senator Kyle Janek
Phone: 512-463-0117
Fax: 512-463-0639
E-mail: kyle.janek@senate.state.tx.us

Members:
Senator John Carona
Phone: 512-463-0116
Fax: 512-463-3135
E-mail: john.carona@senate.state.tx.us

Senator Bob Deuell
Phone: 512-463-0102
Fax: 512-463-7202
E-mail: bob.deuell@senate.state.tx.us

Senator Mario Gallegos, Jr.
Phone: 512-463-0106
Fax: 512-463-0346
E-mail: mario.gallegos@senate.state.tx.us

Senator Jon Lindsay
Phone: 512-463-0107
Fax: 512-463-8810
E-mail: lauren.donder@senate.state.tx.us

Senator Bill Ratliff
Phone: 512-463-0101
Fax: 512-475-3751
E-mail: vatra.soomon@senate.state.tx.us

Senator Royce West
Phone: 512-463-0123
Fax: 512-463-0299
E-mail: royce.west@senate.state.tx.us

Senator Judith Zaffirini
Phone: 512-463-0121
Fax: 512-475-3738
E-mail: judith.zaffirini@senate.state.tx.us

Responsible Pet Owners Alliance
900 NE Loop 410 #205-D
San Antonio, TX 78209
Phone: (210) 738-2273; rpoa@texas.net; http://responsiblepetowners.org
$10 Annual Dues (Jan - Dec)Our membership stays informed regarding all animal issues with an e-mail list and quarterly newsletter!