Two Completing Texas Bills - Round 2

This year the Texas legislature was presented with two bills. The animals right agenda wants HB 1015 passed. Sanctuaries wanting to protect themselves from possible lawsuits, as they are technically in violation of the Texas Wild Animal Act, would like HB 629 passed.

 

Let's look at the arguments on both sides and I shall of course, render my personal opinion on the subject. 

 

Primarily Primates · 1,152 like this

March 27, 2013

TEXAS RESIDENTS -- ACTION ALERT -- PLEASE WRITE --
Letter from Stephen Rene Tello, Executive Director
Primarily Primates Sanctuary

March 27, 2013
Re: Emails needed to help Texas Animal Sanctuaries. Support HB 629.

Dear Texas Friend,

We need you to please contact the members of the Texas House Culture, Recreation and Tourism Committee to urge them to support HB 629 by Rep. Lyle Larson which will help accredited animal sanctuaries in Texas. Please send them an email within the next few days.

 The ISSUE: The Texas’ Dangerous Animal Act (DWAA) was enacted to regulate the ownership of animals it has deemed as “dangerous” to the public. It mandates that the counties create a registration system for anyone owning a DWAA animal.. Counties can also outright ban these DWAA animals in their region. Many counties have simply banned DWAA animals rather than create a registry system. While the DWAA act does have an exemption list, there is not a clear exemption where animal sanctuaries can qualify for state exemption to the DWAA.

  The EFFECT: For animal sanctuaries like Primarily Primates where the county has banned DWAA animals and there is no clear exemption, that animal sanctuary can be left in “legal limbo” and vulnerable to repeated lawsuits under the DWAA.

 The TASK AT HAND: House Bill 629 was introduced to the Texas legislation which will grant an exemption to animal sanctuaries that are accredited to one of two recognized national sanctuary accreditation organizations.
Proponents to the bill are now circulating misleading information against this bill, claiming the bill will somehow "gut" the Dangerous Wild Animals Act. This is absolutely untrue. Counties will still be able to register, regulate or even ban DWAA animals if they want to. If HB 629 passes, counties may use the DWAA’s exemption list so that accredited animal sanctuaries (like Primarily Primates) may qualify for exemption.

 URGENT: WE NEED YOU TO please write a polite short email in support of HB 629. Your email should touch on the following points:

"Please support HB 629 by Rep. Larson to protect accredited animal sanctuaries. The bill will be heard in the House Culture, Recreation and Tourism Committee soon.

The bill will allow accredited animal sanctuaries to continue their important work in Texas, even if they are located in a county that has not established an animal registration system. The misleading claims being circulated against this bill are absolutely untrue. This bill will not “gut” the DWAA and counties will still be able to register, regulate or even ban DWAA animals if they want to.

Thank you for your support of HB 629 and your support of accredited animal sanctuaries in Texas."

Please send your email to the Texas House Culture, Recreation and Tourism Committee members at the following addresses:
Ryan Guillen, Chair
ryan.guillen@house.state.tx.us

Dawnna Dukes, Vice-Chair
dawnna.dukes@house.state.tx.us
Corey Howell, Committee Director
corey.howell_HC@house.state.tx.us

Lucia Mendez, Committee Assistant Clerk
lucia.mendez_HC@house.state.tx.us
Jimmie Don Aycock, Committee Member
jimmie.aycock@house.state.tx.us

John Kuempel, Committee Member
john.kuempel@house.state.tx.us

Lyle Larson, Committee Member
lyle.larson@house.state.tx.us

Poncho Nevarez, Committee Member
poncho.nevarez@house.state.tx.us

Wayne Smith, Committee Member
wayne.smith@house.state.tx.us

I agree with what Mr. Tello wrote regarding HB629. This bill only provides cover to sanctuaries, so they will no longer be in violation of the current bill. It does not place exotic animals, currently owned by responsible owners, at risk. It does not ban exotic animal ownership state-wide, but rather leaves it up to each county to make the decision.  The problem is most people will NOT take the time to read the original bill and then compare it to the changes made in HB629.

Read for yourself the original AWA Bill and HB629, authored by Lyle Larson:

HB01362F - Texas Dangerous Wild Animal Act

 

HB00629I

 

 

 Opponents, on the other hand, claim that this "amendment" will "gut" the AWA.  Huh???

 

DFW Animal Rescue

Your action is needed to keep Texas House from gutting the Dangerous Wild Animal Act

March 27, 2013

                                                    

Photo: Stacy Smith

"The Dangerous Wild Animal Act (DWAA), passed in 2001 with the support of the Texas Humane Legislation Network, requires the owner of a dangerous wild animal (a lion, a tiger, cougar, leopard, cheetah, jaguar, bear, coyote, hyena, jackal, baboon, gorilla, etc.) to register the animal with the local animal control authority and send a copy of the registration certificate to the Texas Department of State Health Services.

This is important for several reasons:

• it allows the public who live near these dangerous animals to know where and what type of dangerous animals are being kept and by whom so they can take whatever precautions they think appropriate to ensure their safety and the safety of their family.

• it also provides law enforcement and disaster relief agencies the information needed to protect the public’s safety if the animal escapes and in emergency situations and natural disasters such as floods, fire, tornados, etc.

The DWAA does not in any way prohibit the ownership or possession of any dangerous wild animal.
But now a bill has been introduced in the Texas Legislature that will effectively “gut” the Dangerous Wild Animal Act (“DWAA”). HB 629 will exempt from the registration requirements of the DWAA, all roadside zoos, certain private animal collectors, and so-called “substandard wildlife sanctuaries.
This bill is being brought at the request of the very same special interest groups that would be exempt from registration under the bill. Given the powerful influence of the proponents of the bill, THLN predicts it will take a huge grassroots effort to kill the bill. But you can help. All you have to do is call, fax or email (instructions below) and ask your friends to do the same. But you must hurry!

Call, write, fax, or email each of the committee members listed below and ask him to oppose this bill:

Chair, Ryan Guillen
(Email: ryan.guillen@house.state.tx.us; Tel: 512/463-0416; Fax: 512/463-1012)
Vice-Chair, Dawnna M. Dukes
(Email: dawnna.dukes@house.state.tx.us; Tel: 512/463-0506; Fax: 512/463-7864)
Jimmie Don Aycock
(Email: jimmie.aycock@house.state.tx.us; Tel: 512/463-0684; Fax: 512/463-8987)
John Kuempel
(Email: john.kuempel@house.state.tx.us; Tel: 512/463-0602; Fax: 512/463-5896)
Lyle Larson (Bill Sponsor)
(Email: lyle.larson@house.state.tx.us; Tel: 512/463-0646; Fax: 512/463-0893)
Poncho Nevarez
(Email: poncho.nevarez@house.state.tx.us; Tel: 512/463-0566; Fax: 512/463-0220)
Wayne Smith
(Email: wayne.smith@house.state.tx.us; Tel: 512/463-0733; Fax: 512/463-1323)

To make it as easy as possible for you, THLN has provided the following talking points:
Under current Texas law, every county must either: (i) totally prohibit the ownership of dangerous wild animals in their county; or (ii) register and regulate those dangerous wild animals in accordance with the Dangerous Wild Animal Act. The vast majority of counties have chosen to totally prohibit ownership of dangerous wild animals in their county and the remaining counties have enacted registration and regulatory ordinances in accordance with state law. HB 629 is amending the current state law to exempt roadside zoos, exotic animal owners and substandard wildlife sanctuaries located in the counties that register these animals from having to register their animals. This is bad public policy and will have a negative effect on the Texas regulatory system for dealing with dangerous wild animals. Registration is necessary for several reasons:

• it allows the public who live near these dangerous animals to know where and what type of dangerous animals are being kept and by whom so they can take whatever precautions they think appropriate to ensure their safety and the safety of their family.
• it also provides law enforcement and disaster relief agencies the information needed to protect the public’s safety if the animal escapes and in emergency situations and natural disasters such as floods, fire, tornados, etc.
• The registration requirements under the DWAA for dangerous wild animals are no more stringent than those required for a “dangerous dog.”
• If HB 629 passes, it will exempt the very facilities where the vast majority of these dangerous wild animals are being kept. Thus, the public and law enforcement will not know who owns all the animals or where they are kept.

Prior to the passage of the DWAA, numerous deaths and maulings occurred from attacks by these dangerous wild animals. A wild animal can never be tamed and is always a danger to attacks and maulings. Since the passage of the DWAA, there have been no known attacks on the public resulting in injury or death. The DWAA is working well and it should not be weakened to please one or two people who want to be exempt from having to register their animals."

*****

Okay, this is a rather inflammatory piece of work (I've highlighted the worse info above) and very disappointing to read.  No doubt, this group would prefer the competing HB1015 authored by Ryan Guillen.  Let's take a look at this Bill as it relates to the regulation of big cats and nonhuman primates; providing penalties.

 

HB01015I

Now this particular bill is very disturbing.  Only sanctuaries that have been verified or accredited by Global Federation may keep their animals?   Civil fines?  Animal euthanasia (real termination should be killings, not euthanasia)?  Threats of suing your neighbors?  No wonder Primarily Primates and other sanctuaries, such as the Austin Zoo, is worried about this Bill.  It's horrible!  Under this Bill, there is no private ownership of any big cat or primate - period.  So all the owners who maintain, love, and provide the best care possible for their animals would have their animals ripped away from them without even a hearing?  And if they couldn't be placed, they would be killed?  And this Bill would go into effect September 1, 2013, thereby giving owners no time to rehome them animals or make arrangements to leave the states?  Outrageous!

 

I have been demanding that the USDA/APHIS and other wild life agencies uphold the current laws on the books.  But heck, I couldn't even get them to do their job when it came to protecting the WAO animals.  So what is the Texas solution?  Kill all the tigers?  All the lions?  All the bears?  Just to satisfy animal rights groups' blood thirst? 

 

We have truly sunk into a sad state of affairs in this great State of Texas.  Instead of enforcing and strengthening current laws on the books, we want to create new ones that kills animals.  Wow.  We humans can be pathetic--acting out our "god-like" fantasies when it comes to the destruction of innocent animal life.  Breaks my heart. 

 

Let's save the animals.  Not KILL them, please.

Later: 

The follow exert was taken from an e-mail sent to me on 4.11.13 by Lyle Larson's Office:

HB 629: Protecting Animal Sanctuaries

Yesterday, I presented HB 629 in the Culture, Recreation and Tourism Committee. We introduced HB 629 with the intent of protecting accredited animal sanctuaries in Texas, and more specifically, Primarily Primates, a sanctuary in District 122. Primarily Primates, founded in 1978, serves as a home to wild, non-native animals that have been abandoned after being used in lab tests, in zoos and circuses, or as pets. Without organizations such as Primarily Primates, these animals would likely be euthanized or let go by their owners.

In 2001, the Texas Legislature enacted the Texas Dangerous Wild Animals Act to protect citizens from the threat presented by the increase in dangerous wild animal ownership in Texas. The Act doesn't ban the ownership of dangerous wild animals by Texans; rather, it requires owners to register such animals with a county, pay a fee, and ensure the proper care, treatment and enclosure of such animals. The Legislature has exempted certain categories of animal welfare entities from the Act, including circuses, zoos, research facilities, veterinarians, movie and TV animals, college mascots, etc. Animal sanctuaries, however, are not currently included under these exemptions in the statute because the original drafters of the Act simply overlooked wildlife sanctuaries. An animal sanctuary is a facility where animals are brought to live in a protected environment for the rest of their lives, and we contend that certain accredited sanctuaries should be exempted from the Act to make it clear they are allowed to exist in Texas.