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Fwd:Some TX Senators Talking BSL- We Need Help More than Eve

Discussion in 'Laws & Legislation' started by cheekymunkee, Apr 28, 2007.

  1. cheekymunkee

    cheekymunkee Top Dog

    We knew this was what they were talking about behind closed doors (not in open meetings).

    That was why we wanted to stop SB411 as it was written.

    There is a bad article in my hometown newspaper--front page-calling for BSL.

    By using BSL they think small dog owners will be DUPED into thinking even if their small dog tears muscle and flesh it will be OK.

    As the bill is written, a serious bite is one that tears flesh--I have a 55 yr old scar on my body from being bitten by a cocker spaniel.

    Any size dog can tear flesh especially if the victim is a small child, therefore any dog owner in TX is a potential felon if his dog escapes.

    There are still too many words undefined in this bill, which gives the judges to much leeway in interpreting what the lasw says when you are on trial for a felony.

    Only by us working together can we stop this!

    Thank you for all your forwarding my emails.

    ZeeAngel@... wrote:
    From: ZeeAngel@...
    Date: Fri, 27 Apr 2007 02:21:44 EDT
    Subject: Some TX Senators Talking BSL- Need Help More than Ever!!!
    To: ZeeAngel@...

    I know you are sick of these emails and I am so tired of asking, but we are in the final days and they are the most crucial. Here is what happened:

    The Senate debated SB411 Thursday. Senator Duncan (Lubbock) spoke out against the bill.

    Apparently many of his constituents were worried that as small dog owners they could become felons.

    Then he indicated that if the bill targeted certain breeds, he might support it. Bad idea, and not what the author intended. See letter. This is BSL!!!!

    Be sure to stress the part about NO BSL!


  2. cheekymunkee

    cheekymunkee Top Dog

    Dear Hon. Senator_________
    FAX (512)

    How Do You Prevent Owners of Little Dogs from Becoming Felons Under SB 411? Simple: Use the Correct Penal Code Definition of Serious Bodily Injury.
    There has been an outcry from concerned Texans who own little dogs that they run the risk of becoming felons if their dogs bite. Under the civil definition contained in the Health and Safety Code (severe bite wounds and/or ripping and tearing of muscle that requires medical treatment and hospitalization) that could happen.

    I have represented small dog owners whose dogs have inflicted these kinds of wounds, even though they were not life threatening. If the correct Penal Code definition is used (creates a substantial risk of death, then owners of small dogs have nothing to fear.

    Representative Gattis made a Statement of Legislative Intent
    (April 24, 2007) during the second reading of HB1355 stating he was intending those kinds of dog attacks that can seriously maim or kill somebody or cause them to potentially face death. His intent indicates the Penal Code definition which is the proper definition for crimes. Under this definition, only those dogs large enough to inflict bite wounds that create a substantial risk of death would be targeted. It is virtually impossible for a small dog to inflict life threatening injuries, so SB 411 would not put owners of little dogs at risk.

    How Do You Make SB 411 Fairly Target Only Those Dogs Capable of Causing Life Threatening Injuries Without Singling Out Certain Breeds?
    Simple: Use the Correct Penal Code Definition of Serious Bodily Injury.
    Using the correct Penal Code definition of serious bodily injury targets only those dogs that indeed do cause life threatening injuries regardless of breed. All dogs are treated the same even though it is highly unlikely that a tiny dog would ever be capable of causing wounds that would potentially make the person face death. While larger dogs can be capable of inflicting such wounds, only the owners of dogs that actually are involved in such incidents would be affected. Owners of large dogs that have nice, human friendly dogs would not be unfairly targeted, ensuring fairness to all dogs and dog owners regardless of size of dog or breed of dog.

    Once again, the legislative intent of this bill as stated by Representative Gattis was that HB 1355 /SB 411 would not be breed specific. On April 4, 2007, Representative Gattis testified at the Public Hearing on HB 1355 and explained that he is a hunter and has owned three Rhodesian Ridgebacks that are used to hunt lions in Africa and that if they are raised, trained and treated appropriately they are not a danger. Representative Gattis did not want any unintended consequences of his bill and testified as follows:

    This Bill is not Breed Specific for a purpose, for a purpose. There are owners of pit bull dogs, Rhodesian Ridgebacks, Rottweilers and every other dog that is considered to be dangerous in a lot of people minds that are responsible in how they raise, how they train, how they treat and how they retain and keep those dogs and we should not put an extra burden on them. The burden should be on those not responsible.

  3. cheekymunkee

    cheekymunkee Top Dog

    We are still alive and well and need more CALLS and FAXES!!! Just say you are "Opposed to SB 411" for your calls. WE ARE MAKING A DIFFERENCE, SO DON'T STOP NOW!!! WE HAVE TO LET THEM KNOW WHAT WE THINK!

    Please bear with this process. It will be over very soon, but will affect our rights as dog owners for a long time.

    Link to your TEXAS Senators:


    If you do not find his Austin Fax number, click on his name which should take you to his webpage where about half way down there should be a list of phone numbers Austinfs area code is 512

    If you still do not get one senator and one representative:
    Because you may live in a county areah you will see this after you put in your correct mailing address:

    The address was matched by ZIP Code. Read cautions about matching addresses.
    Click on matching addresses above.

    The Secretary of State maintains a list of phone numbers at http://www.sos.state.tx.us/elections/voter/votregduties.shtml

    Click on that new link and make a phone all

    Here are some new talking points for a FAX:

    Senator _______________
    P.O. Box 12068
    Capitol Station
    Austin, Texas 78711
    BY FAX: (512) ______
    RE: Opposition to SB 411
    Dear Senator ________:

    œœ This Bill Uses the Wrong Civil Definition of gSerious Bodily Injuryh Which Was Never Intended to be Used for Felonies. Since the civil definition is much broader, there will likely be a significant influx of additional felons which will further jam our prisons. No fiscal impact is recognized by the authors, which is in error.

    œœ The Punishments in this Bill are Too Severe in Light of other Texas Crimes.
    The bill has been likened to leaving a loaded gun available to a child. Most dogs never bite and all guns can kill. Regardless, if a child kills or seriously injures someone with the loaded gun, the owner can be charged with a Class A Misdemeanor, not a felony.

    œœ People who Fail to Secure Their Dogs will Join the Ranks of Some Serious Felons. This bill makes a person either a second or third degree felon for failing to secure his dog on his property. These new felons would join the ranks of some murderers, rapists, robbers, arsonists and kidnappers.

    œœ Who Will Be Our New Prison Inmates Under this Bill: An Entire Family Could Go To Prison. If the family pet is a dog involved, then who goes to prison--mom, dad, the kids who can be certified as adults?

    œœ All Dogs in Texas Will Have to Be Secured in an Enclosure and No Tethering Will Be Allowed. This new requirement imposed is in conflict with current Texas law which allows dogs to roam free if they have their tag on. Cities and counties can impose at large laws, but many do not. There is a conflict in the law. How can a person become a felon for failing to secure his dog on his property if in some places in Texas owners can legally let their dogs run loose?

    œœ Owners of Hunting Dogs and Working Dogs on Ranches and Farms Can Become Felons Under This Bill. There are no exceptions for these dogs which work off their ownerfs property.

    œœ Dog Owners Walking Their Dogs on a Leash, Competing in a Dog Show or Other Sanctioned Event, or Having Their Dog at a Recognized Dog Park Can Become Felons Under this Bill. There are no exceptions for these legal activities owners may participate in off their property.

    œœ Search and Rescue Dogs are not Excepted from the Bill. Texas is a state predisposed to natural disasters like hurricanes and flooding. Who would want to bring their SAR dog to Texas with this bill? I have already been contacted by SAR groups out of state that they wonft bring their dogs to Texas if this passes.

    œœ A Dog Owner Could Be Criminally Negligent for his Kid Letting the Family Dog Out. It is difficult to determine what will constitute criminal negligence in failing to secure a dog--a loose fence board, a hole in the fence, a gate left open by a meter reader?

    œœ This Bill Would Not Have Gained a Conviction in the Stiles Case, Nor Would it Have Prevented her Tragic Death. In Milam County where this occurred, dogs may run loose. Therefore, there is no duty to secure them on property so there can be no criminal negligence for loose dogs. The owner was in fact tried and acquitted.

    œœ Sec. 822.007 is Redundant of Existing Law and Possibly Creates a Breed Specific Loophole. Sec. 822.047 already allows cities and counties to further regulate dogs. This new section is redundant but it does not have language that would prevent breed specific laws so it is in conflict with existing law. The authors of the bill have stated that it is not breed specific, so this section should be deleted to be consistent with current law and the authorsf intent.

    œœ Prevention is the Key. This bill is not aimed at prevention. It is reactive instead of proactive. A step in the right direction is to have a statewide prohibition on loose dogs (with legal exceptions for hunting dogs, working dogs, dogs in competition) so that dogs donft run loose legally. Enforcement of those laws would prevent attacks from happening. Education is important so people understand that there are problems with loose dogs.

  4. cheekymunkee

    cheekymunkee Top Dog

    œœ This Bill Will Have a Chilling Effect on Registration of Dogs. If passed as written, who is going to want to register their dog if they can become a serious felon for a dog getting out?

    œœ Suggested Changes. At a minimum:
    1. Lower the offense to a Class A Misdemeanor like the Loaded Gun Statute.
    2. Use the appropriate felony definition for gserious bodily injury.h
    3. Create a defense for dogs that are legally off someonefs property--hunting dogs, working dogs, dogs in a sanctioned competition, dogs on leash or at a dog park.
    4. Delete Sec. 822.007 which is redundant of existing Sec. 822.047 which reflects the legislative intent that this bill is not breed specific.
  5. simms

    simms CH Dog

    I'm bumping this thread.....

    I had the pleasure of discusing this bill with a technician that I work with last week.

    She openly said that she supports and hopes this bill passes as it will help prevent ppl from breeding agressive and dangerous animals like pitbulls:rolleyes: .

    I work in a clinic that does doggy daycare what if one of the attendants gets bitten in the heat of a scuffle? What if I get bit when tx or handling an animal ?

    Lord knows they dont all want to be my friend esp when I go to probing...lol

    how far will this law extend?

    I would realy like to understand how all this is going to go down if they pass this law.
  6. Michele

    Michele Guest

    Cheeky: i'll be writing from work tomorrow and faxing.....
  7. cheekymunkee

    cheekymunkee Top Dog

    if it passes, it will be state law, effecting ALL dog owners.
  8. simms

    simms CH Dog

    I get that part....

    So if a dog bites me at work.Regardless by law the owners are supposed to be reported ? What happens to the animal?
  9. Brothermarree

    Brothermarree Top Dog

    TX-RPOA E-News
    From Responsible Pet Owners Alliance,
    the reasonable voice regarding animal issues in Texas.
    Responsible Pet Owners Alliance is an animal welfare organization,
    not "animal rights" and, yes, there is a difference.
    Permission granted to crosspost.

    May 1, 2007
    "May Day" is appropriate!
    Responsible Pet Owners Alliance has a very diverse membership (all species)
    and organized in 1991 because there was a great need for a "reasonable"
    voice regarding local and state animal issues. We have incredible animal
    expertise among our members which is offered as a community service within
    the state of Texas.

    No matter in what area our expertise lies, we have to support each other
    when the occasion arises as never before in history has there been such an
    all out attack on animal ownership from "animal rights" activists and
    overzealous elected officials.

    It was by speaking in a unified voice and using our extensive e-mail network
    that we were able to get SB 411 pulled from the Senate Floor for amendments.
    While we basked in that accomplishment over the weekend, the battle is far
    from over. The Legislature adjourns on May 28 and you can rest then! But
    for now -- back to work.

    Some callers have been told legislators are working on the "dangerous dog
    definition" with Rep. Dan Gattis, the author of HB 1355, the companion bill.
    With all the "pitbull" media hysteria being used to get these bills passed,
    the handwriting is on the wall. So we need to get the phones and faxes
    ringing in Austin again!

    Please call your senator and ask:
    * What is the status of SB 411?
    For your senator's name and contact info, go to www.capitol.state.tx.us and
    type in your zip code at "Who represents me?"

    Fax, phone and tell them:
    (1) The penalty for a first offense should be a misdemeanor, not a felony
    (2) If this bill can't be amended appropriately, it should be killed.
    (3) The bill should NOT be breed specific as no breed of dog is inherently
    (4) This bill will not stop a single dog attack.
    (5) The bill will kill our RPOA Rescue Program in Texas as no one will
    adopt a dog (especially large dogs) with such an extreme liability.
    (6) Tourists and out-of-state or local participants in Search & Rescue,
    Field Trials, Tracking Tests, Hunting Tests, Herding Tests, Conformation
    Shows, Earthdog Trials, Lure Coursing, Agility or Obedience Trials, and
    Rescue Dog Adoption Clinics at local pet shops will all be a great risk
    should an incident occur. A felony conviction ruins a person's life. It's

    (7) Breed Specific Legislation is opposed by Responsible Pet Owners
    Alliance of Texas, National Animal Control Association, American Veterinary
    Medical Association, American Humane Association, American Society for
    Prevention of Cruelty to Animals, American Animal Hospital Association,
    American Kennel Club, United Kennel Club, and American Dog Breeders

    (8) The woman in France who recently had the face transplant was attacked
    by her Labrador Retriever which was adopted from an animal shelter. All
    dogs are capable of inflicting "serious bodily injury" which means "a severe
    bite OR ripping and tearing of muscle. "Severe bites" are whether they
    receive medical attention or not!

    Keep the legislators' offices on the phone as long as possible. Don't feel
    guilty for taking up their time as that's our goal. Contact your OWN
    senator first but call and fax all of them if you have time. Call every day
    ... Aren't your dogs worth it?

    Senators: All addressed
    PO Box 12068
    Capitol Station
    Austin, TX 78711

    Kevin Eltife
    Phone: (512) 463-0101
    Fax: (512) 475-3751

    Bob Deuell
    Phone: (512) 463-0102
    Fax: (512) 463-7202

    Robert Nichols
    Phone: (512) 463-0103
    Fax: (512) 463-1526

    Tommy Williams
    Phone: (512) 463-0104
    Fax: (512) 463-6373

    Steve Ogden
    Phone: (512) 463-0105
    Fax: (512) 463-5713

    Mario Gallegos
    Phone: (512) 463-0106
    Fax: (512) 463-0346

    Dan Patrick
    Phone: (512) 463-0107
    Fax: (512) 463-8810

    Florence Shapiro
    Phone: (512) 463-0108
    Fax: (512) 463-7579

    Chris Harris
    Phone: (512) 463-0109
    Fax: (512) 463-7003

    Kim Brimer
    Phone: (512) 463-0110
    Fax: (512) 475-3745

    Mike Jackson
    Phone: (512) 463-0111
    Fax: (512) 475-3727

    Jane Nelson
    Phone: (512) 463-0112
    Fax: (512) 463-0923

    Rodney Ellis
    Phone: (512) 463-0113
    Fax: (512) 463-0006

    Kirk Watson
    Phone: (512) 463-0114
    Fax: (512) 463-5949

    John Whitmire
    Phone: (512) 463-0115
    Fax: (512) 475-3737

    John J. Carona
    Phone: (512) 463-0116
    Fax: (512) 463-3135

    Kyle Janek
    Phone: (512) 463-0117
    (800) 445-2635
    Fax: (512) 463-0639

    Glenn Hegar
    Phone: (512) 463-0118
    Fax: (512) 475-3736

    Carlos Uresti
    Phone: (512) 463-0119
    Fax: (512) 463-1017

    Juan "Chuy" Hinojosa
    Phone: (512) 463-0120
    Fax: (512) 463-0229
    Email: juan.hinojosa@senate.state.tx.us

    Judith Zaffirini
    Phone: (512) 463-0121
    Fax: (512) 475-3738

    Kip Averitt
    Phone: (512) 463-0122
    Fax: (512) 475-3729

    Royce West
    Phone: (512) 463-0123
    Fax: (512) 463-0299

    Troy Fraser
    Phone: (512) 463-0124
    Fax: (512) 475-3732

    Jeff Wentworth
    Phone: (512) 463-0125
    Fax: (512) 463-7794

    Leticia Van de Putte
    Phone: (512) 463-0126
    Fax: (512) 463-2114

    Eddie Lucio, Jr.
    Phone: (512) 463-0127
    Fax: (512) 463-0061

    Robert Duncan
    Phone: (512) 463-0128
    (800) 322-9538
    Fax: (512) 463-2424

    Eliot Shapleigh (SB 411 author)
    Phone: (512) 463-0129
    Fax: (512) 463-0218

    Craig Estes
    Phone: (512) 463-0130
    Fax: (512) 463-8874

    Kel Seliger
    Phone: (512) 463-0131
    Fax: (512) 475-3733

    Responsible Pet Owners Alliance
    900 NE Loop 410 #311-D
    San Antonio, TX 78209
    Phone: (210) 822-6763
    Fax: (210) 822-9038
    Website: www. responsiblepetowners. org
    $15 Annual dues (January - December)
    To share information, subscribe or unsubscribe,
    send an e-mail message to rpoa @ texas.net.
  10. Old Timer

    Old Timer CH Dog

    well i took down all them emails wich was a lot,lol.and i am going to send em a few words here in just a minute.
  11. I have emailed, called and done everything I can do! They won't quit hearing from me until this crap clears!!!!!

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