If your hunting and working dogs mean anything to you, PLEASE send in your comments regarding the rules and licensing on HB 1451. TEXAS HB 1451 strikes again. We need to get the letters off to everyone possible because instead of exempting working dogs (hunting and ranch dogs) they are requiring that the dog have evidence that it is a competition dog. And a person who has these dogs would need one for each dog. All the info is here. Feb 20th is the deadline for comment!
The Texas Department of Licensing and Regulation (TDLR) has requested that interested parties provide comments on the draft rules for implementing the Dog or Cat Breeder Program after HB1451 was enacted as law. TDLR is interested in receiving cost estimates from anyone who will be impacted by implementation of these proposed rules and suggestions for alternative less costly methods for compliance. Any items in the draft rules that are unclear or beyond the scope of authority granted to TDLR in the Licensed Breeders Law Document Chapter 802 should be noted in submitted comments. Comments on the draft rules may be submitted by mail to:
Melissa Rinard, Legal Assistant, General Counsel's Office
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, Texas 78711
Or by Fax to (512) 475-3032
Or by email to
erule.comments@license.state.tx.us.
The deadline for comments is FEBRUARY 20th.
It is extremely important to submit comments on the Draft Rules. At the urging of HSUS, thousands of non-dog breeders jump into action sending form letters to TDLR asking for even tougher rules. Do you want those emails to be the ONLY comments on record? If not, then send a comment now.
TDLR needs to hear how the new rules will specifically affect you and your dog/cat breeding hobby or business. Also, If you are looking for additional clarification in the Rules to know whether or not you will be required to obtain a license this year, submit a comment. Please remember that the Texas legislature passed this bill - not TDLR - so keep comments respectful and polite.
The bill we fought last year is law and cannot be changed, but its impact needs to be noted and recorded. TDLR states in the draft “there will be no new economic costs imposed on businesses that comply with the licensing on or before the September 1, 2012 effective date for obtaining a breeders' license”. Their interpretation is based on a provision to grandfather enclosure size and solid flooring requirements; however the long list of requirements being imposed on breeders does come with cost.
How will cost of required improvements, license and inspection fees impact you and your family budget? Examples of required improvements: replacing doghouses with those having a wind break and rain break; replace galvanized wire puppy pens with pens where wire is completely encased with a plastic or rubberized coating; outdoor lighting; additional veterinary examinations; installation of drainage system.
When submitting a comment or cost estimate, always include the section number.
IMPORTANT!!
Copy one or two of the comments below and add something of your own to personalize it. Use the links to find your Representative and Senator in the Texas Legislature and add their email before hitting "send".
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Texas House of Representatives Member List
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SECTIONS WHERE CLARIFICATION IS NEEDED
SEC. 802.004. PRESUMPTION OF USE FOR BREEDING. (see Draft Rules §91.21.License Required--Presumptions.) (See §91.30.Exemptions.)
For purposes of this chapter, each adult intact female animal possessed by a person engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration is presumed to be used for breeding purposes unless the person establishes to the satisfaction of the department, based on the person's breeding records or other evidence reasonably acceptable to the department, that the animal is not used for breeding. Clarification is needed regarding what documentation is acceptable to prove an intact female was not bred and whether this applies to being bred in a given year or at any time.
SEC. 802.005 – EXEMPTION FOR CERTAIN PERSONS WHO BREED SPECIAL PURPOSE DOGS.
This section purports to exempt dogs bred and used for herding livestock, hunting, including tracking, chasing, pointing, flushing, or retrieving game, or competing in field trials, hunting tests, or similar organized performance events. However, the exemption has been narrowed with further stipulations in the Proposed Rules by requirement of proof including but not limited to:
(1) evidence of agriculture activity or business operations using a dog described by this section;
(2) entry registration forms or receipts issued by an entity sponsoring, conducting or organizing competitive events.
(f) All evidence submitted under this section must uniquely and conclusively identify and relate to the specific dog or dogs for which an exemption is requested.
Is proof of event competition required for every dog owned in order to qualify for the exemption? Is this an annual requirement or is the possession of any field trial or hunting test title sufficient to prove the dog is working in the capacity for which it was bred?
Does “similar organized performance events” include lure coursing, Earthdog and other working/sporting dog events?
Hunters going after wild hogs and other game are not competing in organized events and will not have "event" receipts to submit in order to gain a kennel licensing exemption.
SEC. 802.056 AND 802.057 - ESTABLISH A PUBLIC DATABASE OF LICENSEES AND DISCIPLINARY ACTIONS. (see §91.55 and §91.56)
Due to the low thresholds of the law, breeders who utilize their homes will be regulated and licensed. Thus private homes will become subjects of public information. The draft regulations should clarify what information is absolutely necessary for inclusion in this public database so as not to create opportunities for harassment by activists or predators. (see §91.55 and §91.56)
SEC. 802.059. DOG OR CAT BREEDER TRAINING AND ENFORCEMENT ACCOUNT. (See §91.60.Responsibilities of the Department--Payment of Rewards)
An account is established to pay “rewards” for information leading to discovery of unlicensed breeders. The Draft Rules propose a $1,000 “bounty” not to exceed $1,000. There is no statement in the Draft Rules to warn of penalties for false reporting, a crime under Texas Penal Code, in order to avert potential breeder harassment.
802.101 LICENSE REQUIRED (See §91.22.License Required--Dog or Cat Breeder.)
The law and Proposed Rules make it a crime for a person to represent themselves as a dog or cat breeder unless the person holds a license for each facility owned or operated. As written this law attempts to silence free speech and prohibit small dog and cat breeders who are legally under the new threshold from using the term "breeder" in reference to their hobby. This requires clarifiction.
Sec. 802.201. ADOPTION OF STANDARDS. (b)(11) prohibit a person from euthanizing an adult animal or performing a surgical birth of an animal unless the person is a veterinarian;
This has been modified in §91.112. Standards of Care--Veterinary Care. (b) to read "perform a surgical procedure such as" caesarian birth. This changes intent and opens the law to be interpreted as prohibiting common practices such as dewclaw removal and tail docking. 91.112 should be corrected to read as the law intended.
§91.53.Out-of-Cycle Inspections.
A Tier I violation of the rules related to records required by this chapter would require an out-of-cycle inspection resulting in an additional $175 fee for the breeder. A record-keeping error could be as simple as a missing health record for one of the dogs/cats. The correction is noted on the inspector’s report and of copy the necessary corrected item could easily be sent to TDLR electronically. This would eliminate cost of a repeat inspection and save time/money for TDLR inspectors.
§91.104.Standards of Care--Primary Enclosure
(3) Additional requirements for dogs. (A) Space--Facilities Licensed on or before September 1, 2012.
"(iii) The interior height of a primary enclosure must be at least 12 inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position"
This unnecesarily exceeds the requirement of 6 inches in USDA standards and arbitrarily penalizes breeders who cannot afford to comply with the new law by September 1st.
§91.110.STANDARDS OF CARE--ONSITE PERSONNEL
(a) Each licensed facility must have enough employees onsite to carry out the level of husbandry practices and care required in this chapter.
Due to the low thresholds of the law, hiring even one employee could be cost prohibitive. If the goal is to meet required care set forth in the Dog and Cat Breeder Program, can employees be utilized only on an “as needed” or “on call” basis without penalty to the breeder.
§91.112. STANDARDS OF CARE--VETERINARY CARE.
(a) Annual hands on examination. A licensed breeder shall have each animal used for breeding examined by a veterinarian at least once in every twelve month period and provide the animal with any treatment recommended by the veterinarian. The annual examination required by this section must be hands on by the veterinarian and documented by the attending veterinarian in the medical records related to each animal.
Federal regulations Title 9 CFR, Part 3, Subpart D Attending Veterinarian and Adequate Veterinary Care (a) (1) require that dealers have formal arrangements made with a veterinarian that include a written program of care and regularly scheduled visits to the premises. Neither HB1451 enacted into law or federal regulations require an annual “hands on” examination of every animal on premise as required in §91.112.Standards of Care-Veterinary Care. A hands on examination of animals who visually, in the veterinarian’s opinion, appear to be vigorous, active, in appropriate weight, free of hot spots or skin irritations, should not require a hands on examination. This requirement exceeds the law at great cost to the kennel/cattery owner.
