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HB 653 update

Written on: 04/18/2001 by: Sportsman Conversationists of Texas        
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HB 653 is still not scheduled for a hearing in the House Criminal Jurisprudence Committee, but it looks like it might be heard on April 24.

A humane organization based in El Paso is urging supporters to call members of the committee.

Supporters also say they have over 27,000 signatures in petitions supporting HB 653, but it's looking better for those who oppose because it's getting late in the session.

Below is more info on the bill, and contact info for the committee. --------------------- House Criminal Jurisprudence Chairman-Representative Juan Hinojosa of McAllen 512-463-0636 Fax: 512-463-0229 juan.hinojosa@house.state.tx.us Vice Chair-Representative Jim Dunnam of Waco 512-463-0508 fax: 512-463-9833 email jim.dunnam@tpwd.state.tx.us Domingo Garcia of Dallas 512-463-0654 fax: 512-463-9833 domingo.garcia@house.state.tx.us Rep. Rick Green of Dripping Springs 512-463-0498 fax: 512-463-8184 rick.green@house.state.tx.us Terry Keel of Austin 512-463-0652 fax: 512-477-7121 terry.keel@house.state.tx.us Ann Kitchens of Austin 512-463-0700 fax: 512-463-5896 email ann.kitchens@house.state.tx.us Rep. Trey Martinez Fischer of San Antonio 512-463-0616 fax: 512-463-5896 patsy.clapper@huse.state.tx.us John Shields of San Antonio 512-463-0658 fax: 512-463-1538 john.shields@house.state.tx.us Robert E. Talton of Pasadena 512-463-0460 fax: 512-463-1538 marcia.manor@house.state.tx.us
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Here's some info I sent previously about the bill...

If this bill passes, and you are charged with cruelty to animals, the state would only have to prove "criminal negligence" to find you guilty--and criminal negligence is the lowest standard required for proving guilt. (Currently, a person must "intentionally or knowingly" commit the offense to be found guilty.)

Also, the current penalty for the offense is only a Class A misdemeanor, but if HB 653 passes, that would be upped to a "state jail felony". And, if a "deadly weapon" is "used or exhibited" during the commission of the violation, the guilty person SHALL, not MAY, be punished for a third degree felony, which has an even stronger penalty. (See below for third degree felony punishment.)

For example, say you're quail hunting with your bird dog. It's warm that day, and your dog, in his love for hunting, overexerts and dies. A passersby sees this happen, and he and your hunting guest, a novice to the sport, thinks you were criminally negligent. You could be in a lot of trouble--especially since you were carrying a "deadly weapon" during the "commission" of your "crime".

An angler catches a fish, which then becomes "a wild living creature previously captured," which is part of the definition of "animal" in current law. If he keeps it on a stringer or in a livewell, and "the food, care, or shelter provided to the extent required to maintain the animal in a state of good health" is not given by the angler, he would be committing a felony.

What if a landowner rounding up cattle misses a few? Before he can return for them, the weakest one dies. His neighbor thinks it died of starvation. The landowner could be in for a lot of court costs before all is said and done.

Alan Allen Sportsmen Conservationists of Texas (SCOT) Texas B.A.S.S. Federation 807 Brazos Street, Suite 311 Austin, Texas 78701 alanallen-scot@att.net 512/472-2267

(The Sportsmen Conservationists of Texas (SCOT) is a 44-year-old natural resources conservation organization. Its volunteer board is composed of sportsmen from across the state. SCOT monitors the Texas Legislature and state and federal agencies which impact fish and wildlife, and reports their activities. SCOT prints a newsletter, "Wildlife News". Annual memberships are $25, and dues and other contributions are tax-deductible. For information on SCOT activities please contact the Austin office.)

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