Texas Bill #762

May 24, 2017

Texas Bill #762
Bill sought to increase penalty for torturing, killing pets to a third-degree felony. Republican’s amendment limits animal cruelty to a state jail felony. Voting to add an abortion-related amendment Tuesday, the Texas House pulled the teeth from a bill intended to enhance criminal penalties for torturing and killing pets.Senate Bill 762 sought to raise the penalty to a third-degree felony, which has a punishment of up to 10 years in prison, for the worst types of animal abuse.

Rep. Tony Tinderholt, R-Arlington, was outraged by the attempt to increase the punishment, saying abortion regulations recently approved by the House would make it only a state jail felony, with up to two years in jail, for abortion doctors who perform a “partial-birth” or a “dismemberment” abortion. Tinderholt’s amendment proposed limiting animal cruelty to a state jail felony.

“I cannot, will not and shall not allow the Texas House to place a higher value to a pet over the life of a human being,” said Tinderholt, who earlier this session filed a bill to outlaw abortion that was not acted upon. Voting largely along party lines, the House adopted Tinderholt’s amendment 83-60, with about 10 Republicans voting against it. http://www.mystatesman.com/news/texas-house-abortion-related-amendment-guts-animal-cruelty-bill/98LmwccAZKMt9dquGXhH2L/

TEXAS legislation regarding BESTALITY

April 18, 2017

TEXAS legislation regarding BESTALITY

HB1087  –  http://www.legis.state.tx.us/BillLookup/Actions.aspx?LegSess=85R&Bill=HB1087

SB1232  –  http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1232

 

I have checked the text of both bills – the following is in the latest versions in/out of committee that I can find.

 

HB1087 Penal Code amendment

Sec. A 21.09.BESTIALITY. (a) A person commits an offense if the person knowingly:

(1)engages in an act involving contact between:

…..

(2)fondles or touches the anus or genitals of an animal, including touching through clothing

 

…It is a state jail felony offense under this act

 

…it is a defense to prosecution under this act that the conduct the actor is engaged in is a generally accepted and otherwise lawful animal husbandry or veterinary practice.

 

So if I carry my dog, dog sits on my lap, lays on my chest, sits on my leg, or if I lift my dog in and out of a car/truck/boat, scratch a male dog’s belly, wrestling, and even some trick training, I may be committing a felony under HB1087/SB1232.

 

Are there generally accepted animal husbandry practices for pets(thought animal husbandry was for livestock)? I sure hope that involves –

  1. Washing – I don’t not washALL OF MY dogs body – genitals included – so I knowingly touch them to wash them
  2. Grooming, clipping, especially sanitary clips – I sometimes trim my dogs hair for dog shows and yes that includes trimming around their genitals – male & female
  3. Performing mole, tick or flea checks – fleas & ticks don’t know about the genital area being forbidden so they go there which requires me to touch the genital area to remove and kill them.
  4. Collecting urine samples prior to a vet visit
  5. Applying medications to kill parasites – all over the animals body including genitals

 

While the statute requires you to knowingly touch, it is the definition of knowingly that is problematic. Tex Penal Code 6.03(B) A person acts knowingly…when he is aware of the nature of his conduct or that the circumstances exist. …when he is aware that his conduct is reasonably certain to cause the result.

 

Obviously a defendant under this proposed statute is going to argue the conduct was not knowingly. And is going to use the defense of animal husbandry or veterinary practice, but why do we need to get to this point?

 

I’d say if your dog sits on you, the result is a felonious touching. Likewise, if  you wrestle, carry, or lift a dog, you know you are reasonably certain to touch your animal’s genitals. You’re not fondling them. It’s just a likely result of interacting with the dog. When a male dog roles over for belly love, it is not unusual to place your hand in the wrong place, or for the dog to move. You KNOW it’s likely to happen. The conduct seems accidental, but under the law when you are aware that your conduct is reasonably certain to cause the result (in this case touching), you knowingly commit the act.

 

Let’s not forget that the defense to the felony (animal husbandry or veterinary practice) has to be proven.

 

I am totally against real bestiality that I would define as any sexual act between a person and animal.

But where did all this other come from?

Have we had an outbreak of real bestiality?

Don’t the Texas animal cruelty laws already address this?

 

If this passes to law you are taking away my ability to care for my animals under the threat of being charged with a felony  –

Not acceptable to me

I cannot live in Austin for the session and rely on my elected officials to keep me informed of legislation.

But this legislation has gone all the way thru hearings and out of committees without me being notified or able to respond.

 

I do hope some or all of you will respond to this email and kill this legislation that would punish me for taking care of and loving my animals.

 

Cat study suggests children are at risk from residual flame retardants

April 6, 2017

Cat study suggests children are at risk from residual flame retardants

Researchers reported in Environmental Science & Technology that they found high levels of brominated flame retardants in the blood of house cats, and the finding suggests that young children are also at risk. The known endocrine disruptors, found in textiles, electronics and furniture, have been linked to thyroid disease and persist in house dust.

HealthDay News (4/4)

Texas Legislature HB 4057 Introduced

March 10, 2017

Feed: Texas Legislature – Today’s Filed Bills in the House
Posted on: Friday, March 10, 2017 1:23 PM
Author: Cyrier
Subject:HB 4057 Introduced

 

Relating to the practice of veterinary medicine and the medical treatment and care of animals in animal shelters and releasing agencies; expanding the applicability of an occupational license.

View article…

Gibbon blind for life can see thanks to Kan. State veterinarians

March 1, 2017

Gibbon blind for life can see thanks to Kan. State veterinarians

Veterinarian ophthalmologist Jessica Meekins removed cataracts from the eyes of Booger, a 2-year-old gibbon ape. “Veterinarian medicine is just exciting because there are so many things you can do,” said veterinarian and Kansas State professor of exotic pet, wildlife and zoological medicine James Carpenter, who recently placed a pacemaker in a ferret.

KSHB-TV (Kansas City, Mo.) (2/24)

Texas Legislature – Today’s Filed Bills in the House

February 24, 2017

Feed: Texas Legislature – Today’s Filed Bills in the House
Posted on: Friday, February 24, 2017 11:20 AM
Author: Rodriguez, Eddie
Subject: HB 2390 Introduced

Relating to the medical treatment and care of animals by certain persons in animal shelters and releasing agencies.

View article…

USDA Posts Additional Animal Welfare Act Compliance Information

February 24, 2017

Today, APHIS is posting the inspection reports for registrants (including certain research facilities, and intermediate handlers and carriers that move animals) the agency regulates under the Animal Welfare Act. The reports posted are part of a comprehensive review of the documents the agency removed from its website in early February and are in the same redacted form as before.

To conduct the review, the entire agency search tool database was taken off line. As announced on Feb. 7, 2017, the agency will continue to review records and determine which information is appropriate for reposting.

APHIS is committed to ensuring the welfare of animals and continues to carry out the critical day-to-day work of ensuring the humane treatment of vulnerable animals through unannounced inspections, pre-compliance visits, horse protection inspections, and other activities.

The reposted information can be found on our website, here. In addition, some enforcement records (such as initial decision and orders, default decisions, and consent decisions) will continue to be available on the website of USDA’s Office of Administrative Law Judges, here.