TX- Monday, March 30th- 8:00am- hearing of HB 1147

From Responsible Pet Owners Alliance, Inc.

HB1147 is scheduled for a hearing at 8:00 AM, Monday, March 30, 2009 -
please call of fax NOW.
Companion bill is SB 554 which was approved by the Senate committee 7 to 0.
COMMITTEE: House Criminal Jurisprudence (see schedule here) 8:00 AM,
Monday, March 30, 2009 PLACE: JHR 120 State Capitol, Austin

Attorney Zandra Anderson has provided the following legal analysis and
talking points.

What these bills mean:

HB 1147 & SB 554 (Possession of alleged dog fighting equipment criminalized)
Frost (Criminal Jurisprudence); Whitmire (Criminal Justice)

1. Under this bill it would become a crime to possess dog fighting equipment
with the intent that the equipment be used to train a dog for fighting or is
used in the furtherance of dog fighting. This would become a Class A
misdemeanor punishable by up to one year in jail and up to a $4000 fine.

2. Dog fighting equipment is defined to include a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or training
pen.

Sample Letter / Talking Points:

House Criminal Jurisprudence Committee
EXT E2.112
P.O. Box 2910
Austin, TX 78768-2910

RE: OPPOSE HB1147

Dear Chairperson Gallego, Vice Chair Christian and Committee on Criminal
Jurisprudence:

SB 554 criminalizes the ownership of items that are common to many dog
owners, but especially to those who engage in activities such as hunting,
dog sports and dog shows. While I support the prosecution of the crime of
dogfighting, the language is vague and will result in people being falsely
accused. In the vast majority of dogfighting cases, the dogs are destroyed
prior to a trial or even a conviction. Owners who are falsely accused suffer
devastating financial and emotional losses and can never get their dogs
back.

a.. All dog owners possess at least some of the equipment in this bill,
and many dog owners possess most of the equipment such as a harness,
treadmill, cage for a dog, a pen for a dog, feeding apparatus (a dog bowl)
and training pens.

b.. While possession of these items to be a crime is linked to intent to
train dogs to fight or in the furtherance of dog fighting, that is very
vague. There is no definition of what constitutes intent. How do you prove
intent?

c.. Merely possessing this equipment does not mean that someone has the
intent to train a dog to fight or that the equipment is used in the
furtherance of dog fighting.

d.. Because someone has a dog bowl, does this mean they have the intent to
fight a dog? This bill would open the door for unfairly prosecuting a person
who legitimately owns American Pit Bull Terriers or other similar dogs.

e.. Legitimate dog trainers of all breeds use treadmills to exercise their
dogs particularly when the weather is bad, and in no way indicates training
of fighting dogs.

f.. If a dog fighter is convicted, then the equipment described above can
already be seized and forfeited.

Respectfully,

====CONTACT INFO======

Clerk: Andrew Cates
Phone: (512) 463-0768
EXT E2.112
P.O. Box 2910
Austin, TX 78768-2910

Please phone and/or fax ALL of the members especially if you live in their
district. If you live in a member's district, please let him or her know.

Find out who represents YOUR district: http://www.fyi.legis.state.tx.us/

Rep. Pete Gallego, Chair
http://www.house.state.tx.us/members/dist74/welcome.htm
District: Alpine
Capitol Address
Room 4N.9, Capitol Building
Austin, TX 78701
(512) 463-0566
(512) 236-9408 Fax

Rep. Wayne Christian, Vice Chair
http://www.house.state.tx.us/members/dist9/welcome.htm
District: Center
Capitol Office
Room CAP GN.12
P.O. Box 2910
Austin, TX 78768
(512) 463-0556
(512) 463-5896 Fax
(877) 839-2709 Toll Free

Rep. Allen Fletcher
http://www.house.state.tx.us/members/dist130/fletcher.php
District: Harris County (Part)
Capitol Office
E2.804, Capitol Extension
P.O. Box 2910
Austin, TX 78768
(512) 463-0661
(512) 463-4130 Fax

Rep. Terri Hodge
http://www.house.state.tx.us/members/dist100/hodge.php
District: Dallas
Capitol Address
Room E2.818, Capitol Extension
Austin, TX 78701
(512) 463-0586
(512) 463-8147 Fax

Rep. Carol Kent
http://www.house.state.tx.us/members/dist102/kent.php
District: Dallas
Capitol Office
Room E2.814, Capitol Extension
P.O. Box 2910
Austin, TX 78768
(512) 463-0454
(512) 463-1121 Fax

Rep. Robert Miklos
http://www.house.state.tx.us/members/dist101/miklos.php
District: Mesquite
Capitol Office
Room E2.816, Capitol Extension
P.O. Box 2910
Austin, TX 78701
(512) 463-0464
(512) 463-9295 Fax

Rep. Joseph E. Moody
http://www.house.state.tx.us/members/dist78/moody.php
District: El Paso
Capitol Office
Room EXT E1.208
P.O. Box 2910
Austin, TX 78768
(512) 463-0728
(512) 463-0397 Fax

Rep. Paula Pierson
http://www.house.state.tx.us/members/dist93/pierson.php
District: Arlington
Capitol Office
Room EXT E2.210
P.O. Box 2910
Austin, TX 78768
(512) 463-0562
(512) 463-2053 Fax

Rep. Debbie Riddle
http://www.house.state.tx.us/members/dist150/riddle.php
District: Houston
Capitol Address
Room E2.306, Capitol Extension
Austin, TX 78701
(512) 463-0572
(512) 463-1908 Fax

Rep. Allen Vaught
http://www.house.state.tx.us/members/dist107/vaught.php
District: Dallas
Capitol Address
Room E2.414, Capitol Extension
Austin, TX 78701
(512) 463-0244
(512) 463-9967 Fax

Rep. Hubert Vo
http://www.house.state.tx.us/members/dist149/vo.php
District: Houston
Capitol Address
Room E2.208, Capitol Extension
Austin, TX 78701
(512) 463-0568
(512) 463-0548 Fax

RPOA Texas Outreach (501C4 Nonprofit)
www.rpoatexasoutreach.org
Responsible Pet Owners Alliance (501C3 Nonprofit)
www.responsiblepetowners.org

900 NE Loop 410 #311-D
San Antonio, TX 78209