Texas Humane Legislation Network (THLN) - Promoting the humane treatment of animals through legislation, education and advocacy

A recent report by the Today Show has connected the "dog friendly" American Kennel Club to the inhumane puppy mill industry. According to the Humane Society of the United States' Wayne Pacelle, the AKC has financial stakes in puppy breeders, with nearly seventy-five percent of its registration program participants being breeders. Because of this, the AKC is virtually beholden to puppy breeders and thus has no reason to promote legislation that cracks down on breeders. A startling report shows that in just the last five years, the AKC has turned its back on nearly one hundred local, state, and federal bills that would combat the inhumane breeding standards present in so many breeders today. When asked whether or not limits should be placed on breeders, the AKC's Lisa Peterson said that they opposed limits on breeders because it shouldn't matter how many dogs you have, just the conditions in which they're kept.  Pacelle also discovered that the AKC's "A-rated inspection program" has only nine inspectors to cover the entire country. AKC inspectors have signed off on breeding facilities that have been raided, had dogs rescued, and have sold sick dogs to hopeful buyers. It doesn't look like they care too much for the conditions those dogs are kept in, now does it?

The good news is that with exposure like this, more and more people are becoming aware of the puppy mill problem. THLN was instrumental in passing HB 1451 in 2011 to help regulate and keep track of large scale commercial breeders. Several pet stores have taken the pledge not to sell puppies and some stores that did continue to sell puppies have seen their profits drop and have decided to abandon the practice all together. More and more people are turning to shelter adoptions and other means of acquiring new pets. While all of this is good news, our fight is not over. We need to urge our legislators to continue to support legislation that provides for breeding standards, online breeder regulations, and humane standards of care. Don't know who your legislators are? Click here to find out.

On January 31, 2013, a federal judge in Austin, Texas rejected a request for an injunction filed by Texas breeders in order to overturn the Texas puppy mill law. The lawsuit, filed by three Texas breeders and RPOA, was a last ditch attempt to block enforcement of the state's new puppy mill law, which went into effect on Sept. 1, 2012. The new law requires the Texas Department of Licensing and Regulation to inspect and license large-scale commercial dog and cat breeders with 11 or more breeding females and who sell 20 or more puppies or kittens each year. Along with requiring a license and inspection, it also establishes minimum standards for the humane handling, care, housing and transportation of dogs and cats by commercial breeders.

RPOA and the breeders attempted to argue that the court should stop enforcement because the law was unconstitutional. They stated that despite being in favor of ridding Texas of its "puppy mills," they simply "cannot live with this law." The court found this argument, among others used, were not the basis of any constitutional rationale. The Office of the Attorney General of Texas defended the law before the court and THLN and The Humane Society of the United States supported the Attorney General's position by filing an amicus brief asking the court to uphold the law. The lawsuit will continue, but the denial of the injunction is a crucial victory for the puppy mill law and a positive sign of what is to come.

THLN would like to give a special thanks to the law firm of Hunton & Williams, LLP for its excellent legal representation in this matter.

The Austin BBB recently released a press statement heralding the passage of the puppy mill bill along with warnings about puppy mill breeders and advice on how to avoid scams. Please see the press release here.

In addition, Brian Francis; Deputy Executive Director of the Texas Department of License and Regulation (TDLR) will be hosting a breakout session at our 4th annual THLN conference on September 29th to give more facts about this law, rules, reporting, etc... More information about our conference can be found by clicking here.

The Statesman reported in early March that Buda police shut down what was believed to be a cockfighting operation in the small town just south of Austin.  After happening upon wounded roosters and chickens while performing other duties, the police department investigated further and found over forty of the birds; many showed signs that they had been used in cockfighting including missing feathers and aggressive behavior. The police seized all of the birds and transported them to a local animal shelter where their future remains uncertain. What legal fate awaits the animals' owner is unknown. But now he and others like him can and should be punished for participating in cockfighting.

Another case in which officials were able to action occurred earlier this year. San Antonio news affiliate WOAI reported on a huge cockfighting ring where nearly one hundred fifty roosters were forced to fight one another. The animals that survived were seized, along with thousands of dollars, and given over to animal services for care.

Thanks to a law passed in Texas during last year's legislative session, people who breed fowl to fight or who participate in or profit from cockfighting can be prosecuted. This new law in place to protect roosters and chickens from being forced to fight, along with the Puppy Mill law and others the state passed to promote animal welfare, has helped Texas to improve its rating on the Humane Society Legislative Fund's scorecard. We moved up nine ranks in 2011 from 2010, not to mention the six THLN-supported laws the Texas Government signed into law, as shown on the Texas Scorecard. If you like what our state representatives have done to protect chickens and roosters among other animals, let them know! You can find out who represents you by clicking here.

On January 17^th, the Humane Society of the United States released its 2011 ranking of state animal protection laws.  The highest-ranked state for the third year in a row was California, praised for enacting over twelve new measures. Animals in this state cannot be sold along roadsides or be trapped using steel-jawed traps. Further, in California, farm animals are protected from extreme confinement and mountain lions cannot be hunted for trophies.

So, where does Texas rank? Well, pretty much right in the middle at 25. Despite the slightly disappointing rating, Texas did move up nine ranks from the year before, so we are making progress! What gave our state its boost? Provisions against cockfighting and stricter breeding laws helped us move up from our rating of 36 in 2010.

Ranking dead last is the state of South Dakota. South Dakota and two other states, Idaho and North Dakota, have the unfortunate distinction of having no felony penalties for animal cruelty. South Dakota's citizens have also voted down measures that would protect animals from captive hunts.

You can check out the full rankings here. And, if you're interested in how the Texas state government did, you can see HSLF and THLN's Texas scorecard here.

You may have noticed a new link on our home page. THLN has had the unique honor of working with the Humane Society Legislative Fund on a Texas scorecard for the 2011 legislative session. Since the release of the federal government's scorecard, you might have been interested in how our state government measures up on animal-related legislation. The Texas scorecard measures how each senator and congressman voted for each of the nine animal-related issues (all of which were supported by THLN and HSLF save for one - that allowing feral hogs and coyotes to be shot from the air).

Overall, it looks like we didn't do too bad.

Out of the 31 state senators, the average score was about 84% inline with HSLF and THLN's mission with Democrats tending to score slightly higher than Republicans. Out of the 149 voting state representatives, the average score was about 79%, again with Democrats scoring slightly higher than Republicans. However, Mike Hamilton from district 19 (in East Texas) is a Republican who scored 100%!

Most important is that six of the nine issues supported by HSLF and THLN were passed into law. Now in Texas, people convicted of animal cruelty must reimburse shelters for the cost of providing care to their animals during their prosecutions. Those convicted can also be required to attend animal care classes. Cockfighting is now illegal. Humane care must now be provided to animals in high-volume breeding facilities. People providing care to animals in emergency situations have limited liability protection in lawsuits resulting from their care. And, likely to relieve countless victims of domestic violence, pets and other animal companions can now be included in protective orders.

How did your legislators vote? Did they follow your interests in animal welfare? Let them know how you feel about their decisions. Don't know who your legislators are? Find them here.

8.18.11 - Breaking News Story: Authorities rescued nearly a hundred animals from a puppy mill after discovering their owner had died. Click here to read the article.

5.26.11 - This week was marked by numerous legislative victories for the animals of Texas!  These victories would not have been possible without the hard work and dedication of so many people who care about the welfare of animals.  We thank all of our THLN members who have answered the calls to action in our action alerts and who became active members in the legislative process. 

HB 1451, (The Large-Scale Commercial Dog and Cat Breeder Bill -a.k.a. The Puppy Mill Bill)  is on its way to Governor Perry for his signature!  On Monday, May 23, The Senate passed HB 1451 with a vote of 22 to 9.  On Wednesday, May 25, The House of Representatives voted 100 to 40 to concur with the Senate version of the bill.  
 
THLN would like to extend a very special thank you to the Bill Author, Representative Senfornia Thompson and her dedicated staff for championing the cause to end puppy mill cruelty in Texas.    Additionally, we would like to extend a very special thank you to the Bill’s Senate Sponsor, Senator John Whitmire and his dedicated staff for championing the bill through the Senate.

Photo: Cile Holloway, THLN President, Nicole Paquette, HSUS Texas Senior State Director, Representative Senfronia Thompson, Monica Hardy, THLN Executive Director, and Skip Trimble, THLN Treasurer and Legislative Chair

HB 963 (Seizure Appeals),  a bill to clarify and improve the appeals process for cases dealing with animals seized due to cruelty, passed the Senate with a unanimous vote.  It goes straight to the Governor’s desk, as the same version of the bill passed both the House and the Senate!  Very special thanks to Representative Hartnett and to Senator Rodriguez and their staff for championing this bill!

HB 1043 (Cockfighting) passed the Senate with a vote of 27 to 4 and is on its way to the Governor!   The bill will strengthen existing cockfighting laws in Texas, making them more easily enforced.  This bill will make penalties for activities associated with cockfighting more in line with dog fighting penalties.  Very special thanks to Representative Christian and Senator Lucio and their staff for championing this bill!

Thanks again to all of you who contacted your Senator and Representative and spoke for those who have no voice!  Your voice for the animals was heard!  

For more information about these and other animal bills, please visit the Legislative Updates and Actions / Current Legislation section of the THLN website.

It's been a great week at the Capitol for animal welfare bills and we have so many of you to thank!!!

HB 1451, The Commercial Breeder bill was heard in Senate Committee  yesterday, and passed out today by a 5-0 vote !  We're so appreciative of your help with the Committee Members - and so grateful to the five senators who voted favorably for the bill!  The bill will hopefully go before the full Senate this coming week!

HB 963, The Animal Cruelty Appeals bill passed out of the House today and should be in Senate Committee next week!

HB 1043, The Cockfighting bill passed out of the House with  121 yeas, and 23 nays,  and should be in Senate committee soon!

HB 323,  The Protective Order bill  (which includes pets and other companion animals in protective orders ) has passed BOTH the House(133-1)  and Senate (31-0) and awaits Governor Perry's Signature!  Congratulations Texas Federation of Animal Care Services for an excellent job working this bill!!!

Stay tuned - as we only have a couple of weeks  left in the session!   Thank you again  for your amazing help with these bills to this point, and we look forward to your continued help in getting the bills voted favorably out of the Senate !!

A HUGE thank you goes to all of you who poured your hearts and souls into passage out of the House of HB 1451 the Large-Scale (High Volume) Dog and Cat Breeder Bill (a.k.a. the Puppy Mill Bill)!  The unofficial HOUSE  vote count yesterday  was 92 - 44!  Passage of this bill took the combined efforts of thousands of people, all of whom recognize the serious need to address the tragic conditions that so many dogs and cats are exposed to in puppy and kitten mills in Texas.  (Click here for Puppy Mills section on our website.) 

Although this is a huge step for HB 1451, the journey continues now in the Senate.  We will keep you updated and involved as we move through committee and on to the Senate floor for a vote.

Please take a moment to thank Representative (bill author) Senfronia Thompson and her staff for their persistent,  incredible work on this bill, senfronia.thompson@house.state.tx.us.  Also, find out how your representative voted (click here) and make sure to thank him/her for supporting the Bill. (Click here to find your state representative's contact information.)

Thank you again for all your calls, emails, faxes, and legislator visits to push HB 1451 through the House!  

Now - on to the Senate to pass this bill into law and help thousands of dogs and cats in Texas!

When HB 1451, a much needed bill to regulate large-scale (high volume) dog and cat breeders reached the Texas State House floor for vote, April 14, Rep. David Simpson (R-Longview) acted alone taking actions that knocked the bill off of the Local and Consent Calendar. This kept the bill from being voted on by the House that day. The bill was sent back to Committee and unanimously voted to return to the Local and Consent Calendar for floor vote Thursday, April 21, 2011.

When asked why he took such great measures to prevent the bill from going to a vote, Rep. Simpson claimed he wanted the Bill to go to the House Calendar where bills could be debated and amendments could be added. He was quoted in the Texas Tribune as saying "he supports the goals of the bill."

However, when Rep. Simpson's own constituents called his office to ask him why he is trying to kill the bill, especially since irresponsible breeding operations are so rampant in East Texas, and in light of the recent rescue of 167 starving border collies from a breeder in neighboring Marion County, Rep. Simpson and his staff responded with a variety of answers as to why Simpson actually does oppose the bill.

After looking at his arguments against the Bill, none of them stand up to logic. So who is he protecting? Simpson claims his constituents are against the bill, but he is clearly not listening to his constituents who support the Bill. This is obvious as calls have been flooding into his office in support of the Bill. Then who are his constituents against the bill? It is clear that Simpson is protecting the very irresponsible breeders who continue the neglect and abuse of these animals that the Bill aims to protect. The breeders have one concern - their bottom line.

Simpson's attempts to argue against the bill are as follows:

On his website blog, David Simpson claims that the licensing and regulation fees will put breeders out of business. He claims that based on the fiscal note accompanying the bill it will cost each breeding facility $1,300. What he doesn't state is what that amounts to per breeding female dog in the facility. There is no estimate as to how many breeding females these large puppy mills have. Assuming that the average is 25, which is a very very low average, it would cost the breeder approximately $50 per breeding female animal. Also, using very conservative figures, if these breeding females produce one litter a year with six puppies and the puppies are sold at $500 each (very low, some breeds go as high as $2,500 each) the gross income from the offspring of one breeding animal to the breeder would be a minimum of $3,000. Thus the $50 license fee for the breeding female would be 1.66% of the gross income produced by that female. If Mr. Simpson sharpens his pencil he will see that this is virtually nothing to ensure that that same female is given a clean and healthy place to spend her life, adequate food and veterinary care, and proper exercise. Ask Mr. Simpson, is this too much to request of a person who's making large sums of money from this animal?

Furthermore, Simpson claims "The bill would create a new bureaucracy with 11 full time employees". This is untrue as the Texas Department of Licensing and Regulation, the state agency that would oversee the regulation is an established state agency. The "11 full time employees needed" would mean 11 new jobs created for people in the State. This is a boost to the state economy in a time when unemployment is hitting record highs. The tax payer does not pay this, the industry pays for this. Clearly, Simpson does not care about adding new jobs or boosting the Texas economy.

Representative David Simpson continues on his website stating HB 1451 allowing "warrantless searches." To compare an inspection of a breeder's kennels, to an unauthorized or warrantless search is absurd. Even though the inspector can show up unannounced, he has no authority to enter the premises without being accompanied by the breeder or a representative. This is specifically provided for in the bill. Also, the bill protects a breeder from any entry into the breeder's residence unless a part of the residence is used in the breeding business and even then the entry is limited to only the part that is used for the breeding business. In the many other programs administered by the Department of Licensing and Regulation, unannounced inspections are common place. The federal Animal Welfare Act provides for unannounced inspections. Furthermore, restaurant and hair salon owners have to be licensed and subject to inspection. So why shouldn't high volume dog and cat breeders? The argument that a business owner can't be accountable while still being profitable doesn't hold water. When a restaurant is shut down by the health department, no one seems to argue that it's not in the public's interest to do so.

In addition Rep. Simpson uses the argument that many people opposed to the Bill attempt to use: that current animal cruelty laws are enough and no regulation is needed. If you believe this faulty logic, then you would also agree that because we have laws against child abuse, we don't need regulation for day care facilities. The problem with this argument is animal cruelty laws can only be enforced AFTER an act of cruelty takes place. By the time the animals can be seized they are either dead, starving or dying of disease. HB 1451 is a PREVENTATIVE measure to keep these cruelty cases from happening.

HB 1451 is designed to be proactive and not reactive. It's simply a licensing and regulatory program no different than programs that regulate electricians, plumbers, beauty operators, barbers and many many other businesses. Rep. Simpson needs to ask himself why puppy millers are so fearful of being regulated. Could it be that their dirty little secret of how they treat their breeding animals would come to light and shock the public to which they are selling puppies?

Rep. Simpson may not agree, but most people believe that a female breeding dog or cat that spends her entire life producing puppies for sale should have a safe and comfortable place to live, proper food and water, exercise, and periodic interaction with humans. If as Rep. Simpson says, responsible breeders do this, why are they in such fear of being licensed and regulated?

Please call Rep. David Simpson's office today and ask him to stop trying to kill such an important bill needed so desperately in Texas: (512) 473-0750 .