SB411
Rep. Gattis
has indicated that this bill will be amended to
duplicate his HB 1355 ....though there is nothing in
writing at this point. Regardless,
both bills have the felony offense for the first
incident.
Issues with
the "Introduced" Version of SB 411 are listed below:
(1) primary concern is the felony offense on a first
incident. Owning a dog isn't like owning a gun or a car.
Dogs are not inanimate objects. They are animals.
(2) On rare occasions dogs get into a fight at a dog
show and while separating them, a person could receive
"serious bodily injury." In fact, this has happened
recently.
(3) legislators indicate that the bill is to "send a
message." The
message is "don't own a large dog in Texas" because the
liability is too extreme. IE, If you own a large dog,
you had better not visit nor move here. Definitely don't
attend a dog show in Texas!
(4) SB 411 will be the death knell to all adoptions of
"rescue" dogs from animal shelters, animal controls and
our Rescue Program in Texas. Who will risk the
liability? It is difficult now to place large dogs.
(5) SB 411 makes it a felony offense for a person if a
dog causes
"serious bodily injury or death" even if it is a first
incident.
(6) SB 411 makes it a State Jail Felony for "serious
bodily injury" and a Third Degree Felony for "death,"
the same for a first time incident or for dogs that have
already been declared dangerous.
(7) Creates a $10,000 civil penalty for first offenders
found guilty which will be kept by the county or
municipality. (Currently the law provides for such a
fine only if the attack occurs after the dog has been
declared dangerous.)
(8) Provides for a civil cause of action for actual
damages for a
claimant which is less than what the person can sue for
under current law.
SB 411, Bill Text:
http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB00411I.pdf
Senate Criminal Justice Committee members
Address for all:
PO Box 12068
Capitol Station
Austin, TX 78711
To find your elected representatives and all their
contact information, go to: www.capitol.state.tx.us and
click on:
"Who represents me?" in the right column.
COMMITTEE CLERK: Vanessa Valdez
(Call this number if you have an questions about the
hearing, room location, etc.)
PHONE: 512-463-0345
Bill Author:
Senator Eliot Shapleigh
PO Box 12068
Capitol Station
Austin, TX 78711
eliot.shapleigh@senate.state.tx.us
Committee Chair: Senator John Whitmire
Ph: (512) 463-0115
Fax: (512) 475-3737
john.whitmire@senate.state.tx.us
Vice-Chair: Senator Kel Seliger
Ph: (512) 463-0131
Fax: (512) 475-3733
kel.seliger@senate.state.tx.us
Senator John Carona
Ph: (512) 463-0116
Fax: (512) 463-3135
john.carona@senate.state.tx.us
Senator Bob Deuell
Ph: (512) 463-0102
Fax: (512) 463-7202
don.forse@senate.state.tx.us
Senator Rodney Ellis
Ph: (512) 463-0113
Fax: (512) 463-0006
rodney.ellis@senate.state.tx.us
Senator Glenn Hegar
Ph: (512) 463-0118
Fax: (512) 475-3736
District18.hegar@senate.state.tx.us
Senator Juan Hinojosa
Ph: (512) 463-0120
Fax: (512) 463-0229
leslie.nadelman@senate.state.tx.us
Responsible Pet Owners Alliance
900 NE Loop 410 #311-D
San Antonio, TX 78209
Phone: (210) 822-6763
Fax: (210) 822-9038
Website: www. responsiblepetowners. org