Texas H.B. 1046 Fails But Provisions Pass
|March 4, 2009||Posted by russmead under Animal Cruelty||
Update June 4, 2009: This bll did not pass, but its language was added to another bill, S.B. 408, which did pass and has been sent to Gov. Rick Perry for his signature.Â
This law allows people divested of ownership of animals seized from them for cruelty or neglect to appeal to a county court and receive a new trial.Â This will make authorities think twice about seizing cruelly treated animals. It will make enforcement of animal cruelty laws more costly.Â
For more, read the report below.Â
Original report from the Texas Humane Legislation Network:Â Â Â Â
Under current law (Chapter 821B of the Health & Safety Code) when law enforcement officers seize cruelly treated animals the trial to determine whether or not the owner will be divested of ownership is held within 10 days in a Municipal or Justice of the Peace Court and the decision of that court is final and not appealable.Â
HB 1046 will change that and allow the owner to appeal the Municipal or Justice Court’s decision and get an entirely new trial.Â If this bill passes, city and county attorneys will have to try these cruelty cases twice, which will be very costly to the cities and counties and will make the seizure and disposition of cruelly treated animals by law enforcement officers much more difficult and much more expensive.Â Many small towns and lesser populated counties (where starving horses and puppy mills most often are) will not have the resources to pursue these types of cases.Â
HB 1046 will make the seizure and disposition of cruelly treated animals by law enforcement officers much more difficult and much more expensive.
If this bill passes, many small towns and lesser populated counties (where starving horses and puppy mills most often are) will not have the resources to pursue these types of cases.Â
Allowing appeals will cause additional expense to the cities and counties to keep and care for the animals during the appeal process which could last for months or even years.Â Also during this time, the seized animals (which often total in the hundreds and are almost always malnourished and sick) will suffer longer and cannot be adopted or, when necessary, be euthanized.