TEXAS LEGISLATION 2011
HB 1451 Commercial Dog & Cat Breeder Act
Amid vocal opposition from responsible animal owners and conservatives, on June 17, 2011, Governor Rick Perry signed HB 1451 into law. HB 1451, introduced and championed by Rep. Senfronia Thompson, D-Houston, and Sen. John Whitmire, D-Houston, establishes a new state bureaucracy to regulate home dog and cat breeders mandating inspections of private property, large fees and enormous fines. The new law allows the right of entry into citizens' homes without warrant and without the owners' presence and establishes a "bounty fund" to pay activists for reporting dog and cat breeders to the Texas Department of Licensing and Regulation (TDLR.) The bill regulates law abiding Texas citizens and hampers economic and business growth in order to promote the private agenda of heavily financed special interest groups. The HSUS/ASPCA/PETA backed bill violates personal property rights, contradicting key values that Governor Perry professes to uphold and important principles of his campaign. A huge red flag to all conservatives and animal owners should be the recent animal activist HSUS trumpeted accolade of Governor Perry for signing this remarkably ill-founded and costly legislation.
HB 1451 history
11/1/2011 TDLR approved the members of the Breeder Advisory Committee. The Licensed Breeders Law document is now posted on the TDLR website.
10/11/2011 The Texas Department of Licensing and Regulation (TDLR) issued a Request for Proposal for Development Of Course Material and Delivery of Inspection Training Services for the Licensed Dog and Cat Breeders Program. The RFP stated all proposals submitted must assume that standards set forth in 9 C.F.R. Part 3, Subpart A (federal regulations) form the basis for the development of course material, protocols, implementation of training, the creation of inspection checklists, and reporting requirements. In developing course material and delivering training services, proposers must describe the methodology for and be prepared to manage all aspects of the statewide training program.
The chosen third party vendors would contract with TDLR to design every aspect of the new bureaucracy created by HB 1451. This includes protocols for reporting animal cruelty; all course and study materials; provide training services and staff; guides for facility inspections; identify training locations with access to actual breeder operations for hands on training; design testing and inspector certification process.
This comprehensive program development could have cost hundreds of thousands of dollars. Where will the funding for these contracts come from? The RFP ended the ridiculous assertion of the HB1451 Fiscal Note that HB1451 would have �an impact of $0 through the biennium ending August 31, 2013." The Texas Public Policy Foundation�s Bill Analysis �House Bill 1451: Breeding Big Government� warned that the bill would be costly to licensees and taxpayers. The report further noted that Texas already exceeds the national average of licensed occupations.
TDLR withdrew the RFP, making the decision to develop the program and perform kennel inspections with in-house staff.
HB 1451 SIGNED INTO LAW BY GOVERNOR PERRY 6/17/11.
|Rep. Senfronia Thompson and friends|
pose to commemorate signing of HB 1451
Left to right: 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. Click on photo to enlarge
The Texas Public Policy Foundation completed an analysis of HB 1451. The analysis points out that "Breeders could be subject to up to one year in jail for failure
to comply with any aspect of this legislation pursuant to Texas Occupations Code, � 165.151, which establishes
a Class A misdemeanor for violating �any rule� of any professional licensing board. Accordingly, this bill would
expand Texas� already overreaching regulatory application of criminal law, extending it even further beyond its traditional role of protecting individuals from harm." Read full analysis House Bill 1451: Breeding Big Government
SUMMARY of HB 1451. FACT SHEET
FINAL OPPOSITION LIST
FINAL OPPOSITION LIST PRESENTED TO GOV. PERRY
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