| Due
to damaging floor amendments added to the Texas HB 2328 during the
House debate, HB 2328 now provides less protection for horses than our
current Animal Cruelty Statute. HB 2328 has now
gone to the Senate Criminal Justice Committee, and it is imperative
that everyone contact these Committee members and urge them to correct
the damage done to this bill on the House floor. Listed below are the things that need to be done to give our horses the protection they need and deserve.
1) The
proposed new law separates "livestock" laws from "non livestock"
animals and places equines in the livestock section. Horses and other
equine animals need to be moved from the section on cruelty to "livestock" animals to the section on cruelty to "non livestock" animals. This has no effect on the tax laws related to equines.
2) The offense of "tripping a horse" which has been in the Animal Cruelty Statute since 1995 needs to be added back into the bill.
3) The offense of "cruelly transporting or confining a horse" needs to be added back into the bill.
The talking points for each of these requests are attached. Remember, when contacting these Senators, please be respectful and polite. We need to get these folks on our side by helping them understand what we consider cruel acts.
Contact information for the members of the Senate Criminal Justice Committee:
John Whitmire (D), Chair, Dist. 15 - Houston
Capitol Phone: 512-463-0115
Capitol Fax: 512-475-3737
Email: john.whitmire@senate.state.tx.us
Kel Seliger (R), Vice Chair Dist. 31 -Amarillo
Capitol Phone: 512-463-0131
Capitol Fax: 512-475-3733
Email: kel.seliger@senate.state.tx.us
John Carona (R) Dist. 16 - Dallas
Capitol Phone: 512-463-0116
Capitol Fax: 512-463-3135
Email: john.corona@senate.state.tx.us
Bob Deuell (R) Dist. 2 - Greenville
Capitol Phone: 512-463-0102
Capitol Fax: 512-463-7202
Email: bob.deuell@senate.state.tx.us
Rodney Ellis (D) Dist. 13 - Houston
Capitol Phone: 512-43-0113
Capitol Fax: 512-463-0006
Email: rodney.ellis@senate.state.tx.us
Glenn Hegar (R) Dist. 18 - Katy
Capitol Phone: 512-463-0118
Capitol Fax: 512-475-3736
Email: glenn.hegar@senate.state.tx.us
Juan Hinojosa (D) Dist. 20 - McAllen
Capitol Phone: 512-463-0120
Capitol Fax: 512-463-0229
Email: juan.hinojosa@senate.state.tx.us
The mailing address for all Senators in Austin is:
P.O. Box 12068
Austin, Texas 78711-2068
|
REASONS TO MOVE HORSES TO THE
NONLIVESTOCK SECTION |
|
|
HB 2328 does not give horses any protection against violent acts of animal cruelty. As currently written, HB 2328 gives horses less protection than they have under the existing "loophole ridden" animal cruelty statute. For example, under HB 2328 it is still legal for a person to intentionally kill or seriously injure his own horse. It is also legal for a person to intentionally kill, seriously injure or poison someone else's horse. It
is also legal to transport or confine a horse in a cruel manner (i.e.
in a manner than inflicts unjustified pain and suffering).
Talking Points:
The livestock cruelty statute does not reflect the emotional bond most
horse owners have with their horses today nor the typical role that
horses play in our lives. In today's culture, horses are often exposed
to urban and suburban environments which in turn expose them to the
same horrific acts of animal cruelty perpetrated on other companion
animals such as dogs and cats.
Horses
are much more than just a livestock animal and are very different from
food animals such as cattle, swine, goats, sheep and poultry. Horses
are our companions; they are animals we use for entertainment such as
pleasure riding, hunter jumping, barrel racing, pari-mutuel racing,
carriage rides, etc. They also protect us as part of the equine police force. They also help heal our wounds by providing us with therapeutic riding treatments. Animals that play such an integral part in our day to day lives deserve the maximum protection possible against animal abusers.
Just
recently a horse was dragged by its owner behind a pickup truck at over
30 mph until the hoofs were bleeding and the horse collapsed and died. Because of "loopholes" in our current law and in HB 2328 the perpetrator will go unpunished. Also, there have been numerous recent attacks against horses throughout the state while in their paddocks. In
one case, two A&M students clubbed a horse with a polo mallet; cut
her throat and stabbed her multiple times; finally, in one last
horrific act they impaled her through the heart with a broken golf club. Under our existing statute and under HB 2328 this is not a crime!
By
giving horses the same protection from violent acts of animal cruelty
as we give our other companion animals, no horse owner will loose
his/her agricultural property tax exemption or the right to administer
drugs to his/her horse without a prescription.
It
should also be noted that farming, ranching and other agriculture
activities are totally exempt from prosecution under HB 2328 and will
not be negatively affected by giving horses more protection.
|
REASONS TO KEEP TRIPPING A HORSE AN ANIMAL CRUELTY OFFENSE |
|
|
Horse tripping is a rodeo event held exclusively at Spanish style rodeos.
The two horse tripping events: include roping on foot and roping from horseback. Each is described below:
Manganas
a Pie (Roping on foot) a charro (horseman) on foot (pie) has three
opportunities to rope a wild mare by her front legs and cause her to
fall and roll once. The wild mare is chased around the ring by three
mounted charros. Points are awarded for time and
rope tricks as long as the horse is roped and brought down. Extra
points are given for the tirón del ahorcado (hanged pull) in which the
rope is around the charro's neck and he uses his body to cause the mare
to fall and roll. Points for all three attempts are cumulative. Eight
minutes are given.
Manganas
a Caballo or (Roping from horseback) a charro on horseback has three
opportunities to rope a wild mare by her front legs and cause her to
fall and roll once.
In 1994, the Texas Attorney General ruled these events result in torture to the horse. In 1995, the Texas legislature outlawed it.
Tripping a horse for purposes of identification or veterinary treatment is legal and exempt from prosecution under current law.
Such
practices often result in broken legs, necks and backs. If the horse
survives, it usually suffers serious, lifelong injuries. The sole
reason for this practice is to show one's "machoism" or masculinity.
The
American Quarter Horse Association is opposed to "tripping" and wants
this removed from the bill. No 'true" horseperson would allow this to
happen in front of them. It is by far the worst form of intentional
torture inflicted upon a horse, yet the Texas legislature seems to
think it should be allowed. |
REASONS TO KEEP CRUELLY TRANSPORTING OR CONFINING A HORSE AS AN ANIMAL CRUELTY OFFENSE |
|
|
Tied
to a tree for weeks on end? Never allowed to leave a filthy, dark, hot
stall? Crammed into a 16' horse trailer with 9 other full size horses?
Those are conditions under which we have assisted law enforcement in
seized horses under the definition of "cruelly confined" and "cruelly
transported."
Why
would anyone want to allow someone to intentionally or knowingly
transport or confine his or her horse in a cruel manner - which,
according to the cruelty statute, means a manner that causes or permits
unjustified or unwarranted pain or suffering?
That's exactly what the House version of this bill allows. | On a Personal Note |
|
The
operations of Habitat for Horses is centered on assisting law
enforcement throughout Texas and other states in dealing with
complaints related to abuse and neglect of horses, mules and donkeys.
Our trained investigators know and understand Texas animal law and
handle these cases on a daily basis. We are the largest equine
organization of this type in the United States and assisting law
enforcement is the core of our business.
The link to "Loopholes" on the left side is to a file showing many examples of the now existing loopholes with which we and
other humane groups must deal as we aid law enforcement with the
current criminal law. This new bill almost completely destroys even the
minimal criminal protection currently existing for equines. Within the
current law, any person beating or killing your horse or their horse is
safe from criminal prosecution and no effort is being made to remove
that exemption. The term "shelter" is being removed from the current
law, so horses have absolutely no protection from 105 degree days on
blazingly hot sand lots or the freezing blizzards such as Texas
experiences in the Panhandle. There is no doubt that this new bill is
condemning these horses to a cruel death.
Few
will argue the fact of cruelty when a horse is beaten to death by a
bunch of teenagers, tied to a pickup and pulled down a paved road for
three miles, chased and tripped with a rope around its legs while
"macho" men and women laugh and drink beer, yet the Texas legislature
is preparing to allow these very things to happen. In fact, they are
not only prepared to allow it, they are purposely and willingly giving
the horse abusers the right to act!
Without
the ability to prosecute on criminal charges, law enforcement will
seldom be willing to seize horses under our civil code, Section 821 of
the Texas Health and Safety Code, thus these changes effectively
destroys our investigation division.
In
addition to all of the above, HB3930, a totally different bill, is
designed to reinstate the right to appeal when any animal is seized
under Section 821 and given to a nonprofit. This action, once denied by
Pine vs. State and reinforced by an 18 horse case in Galveston
involving Habitat for Horses, would result in any nonprofit animal
welfare organization maintaining the animals for however long it took,
even years, for the case to work its way through the appeals process.
That was the sole reason for removing the right to appeal - so animals
could be rehabilitated and moved on to new homes.
We
need every member of this organization, and every person who remotely
cares about the welfare of horses to call their Senators, plus those
Senators on the Committee, and to not stop until this bill is changed
or dies in Committee. The folks in Austin need to understand how
passionate we are about horses and to understand that the citizens of
Texas are not going to accept changes that strip away the bare minimal
protection that horses currently enjoy and watch as those who abuse
horses are given the okay by our legislators to kill, injure and
intentially maim our horses.
Please
pass this along to every person you know and ask them to pick up the
phone or send a fax. It's time that our elected officials in Austin
hear our words loud and clear.
Habitat for Horses is a 501.c.3 with members throughout the United
States. Our mission is to provide education for horse owners, to work
with law enforcement as an aid to enforce local animal cruelty laws, to
rehabilitate equines within our organization and to adopt them to homes
that understand the true value of the majestic equines in their care.
Sincerely, Jerry Finch Habitat for Horses
P.O. Box 213
Hitchcock, TX 77563
866-434-5737 |
|
|
|
|