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KimMee's Mom · 08-16-2009, 10:35 AM

Opposed to HB 1982 or Vote NO on HB 1982.

Here is the link to HB 1982 to read yourself:
http://www.legis.state.tx.us/tlodocs...f/HB01982I.pdf
HB 1982: Breed Specific Legislation by Another Name

HB 1982 is Breed Specific Legislation without using that name. It targets dogs because of their “physical nature” if the dog is capable of causing serious injury. Most dogs are capable of causing serious injury. They have teeth and all dogs can bite.

The bill adds a defini tion of a “vicious dog” that subjects owners to the same requirements as those of a dog deemed dangerous without the dog ever being out of its own yard or even touching anyone.

In Dallas, Houston & San Antonio, it targets all 40 pounds or more and requires them to be kept in “secure enclosures” meant for dogs deemed dangerous. It also mandates they if they are out they must be on a leash in the immediate control of the handler. These means no dog parks, tracking, search & rescue, hunting, agility, or any competition or activity that the dog is not right beside the owner and on a leash.

Here is the definition of Vicious Dog according to the proposed HB 1982:

Sec. 822.041(6) "Vicious dog" means a dog that:
(A) because of the dog's physical nature and
vicious propensity is capable of inflicting serious bodily injury,

< /TD> as that term is defined by Section 822.001, or death to human beings
and constitutes a danger to human life or property;
(B) without reasonable provocation has
habitually behaved within the enclosure in which the dog is kept in
such a manner that the owner knows or should know that the animal is
likely to attack or bite;
(C) commits unprovoked acts while in the
enclosure in which the dog is kept, and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury
to that person; or
&nbs p; (D) acts in a highly aggressive manner while in
the enclosure in which the dog is kept and appears to a reasonable
person to be able to escape from the enclosure.

Your dog can be declared vicious based on his looks and what he does in an enclosure which means your yard.

If someone tells animal control they think your dog is vicious and they believe your dog will attack and cause them injury, your dog can be declared vicious even though it is in your own yard. This is a totally subjective standard and based entirely on things your dog does when contained on your property or in your house.

Here is all it takes to put you and your dog in the crosshairs of animal control for doing nothing other than barking in your own yard:

Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS OR
VICIOUS. (a) If a person reports an incident described by Section
=0 A
822.041(2) or a fact or action described by Section 822.041(6), the
animal control authority may investigate the fact, action, or
incident. If, after receiving the sworn statements of any
witnesses, the animal control authority determines the dog is a
dangerous or vicious dog, it shall notify the owner of that fact.

This means that if a person reports that they think your dog fits any of the definitions of vicious dog in 822.041(6) above, then your dog can be declared dangerous regardless that it never got out of your yard! All a neighbor bully has to do is say the magic words to animal control.

I have tried, handled and consulted on Dangerous Dog cases all over Texas and can tell you that these cases are more about neighbors than dogs. For some people even the sight of an APBT, Rottie, GSD, Dobie, Akita, Malamute, Husky, Mastiff, or Chow Chow frightens them.

If your dog is declared vicious you are subjected to all of the same requirements that a dog that is out of its enclosure and bites someone has to follow. These state requirements in 822.042 inclu de registering with animal control, restraining dog under your immediate control, keeping dog in an “secure enclosure” (see legal definition below), getting a $100,000.00 insurance policy, and you must comply with local laws (many city/county requirement are terribly harsh including such things as putting a dangerous dog sign on the window of your car if your dog is in it, muzzling, etc.).

It only gets worse for dogs in Dallas, Houston and San Antonio (cities with 1M pop.) because any 40+ pound dogs in those cities have to do the following:

08-16-2009, 10:35 AM	#6
KimMee's Mom Donating Senior Yorkie Talker Join Date: Oct 2005 Location: USA Posts: 1,857	Opposed to HB 1982 or Vote NO on HB 1982. Here is the link to HB 1982 to read yourself: http://www.legis.state.tx.us/tlodocs...f/HB01982I.pdf HB 1982: Breed Specific Legislation by Another Name HB 1982 is Breed Specific Legislation without using that name. It targets dogs because of their “physical nature” if the dog is capable of causing serious injury. Most dogs are capable of causing serious injury. They have teeth and all dogs can bite. The bill adds a defini tion of a “vicious dog” that subjects owners to the same requirements as those of a dog deemed dangerous without the dog ever being out of its own yard or even touching anyone. In Dallas, Houston & San Antonio, it targets all 40 pounds or more and requires them to be kept in “secure enclosures” meant for dogs deemed dangerous. It also mandates they if they are out they must be on a leash in the immediate control of the handler. These means no dog parks, tracking, search & rescue, hunting, agility, or any competition or activity that the dog is not right beside the owner and on a leash. Here is the definition of Vicious Dog according to the proposed HB 1982: Sec. 822.041(6) "Vicious dog" means a dog that: (A) because of the dog's physical nature and vicious propensity is capable of inflicting serious bodily injury, < /TD> as that term is defined by Section 822.001, or death to human beings and constitutes a danger to human life or property; (B) without reasonable provocation has habitually behaved within the enclosure in which the dog is kept in such a manner that the owner knows or should know that the animal is likely to attack or bite; (C) commits unprovoked acts while in the enclosure in which the dog is kept, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or &nbs p; (D) acts in a highly aggressive manner while in the enclosure in which the dog is kept and appears to a reasonable person to be able to escape from the enclosure. Your dog can be declared vicious based on his looks and what he does in an enclosure which means your yard. If someone tells animal control they think your dog is vicious and they believe your dog will attack and cause them injury, your dog can be declared vicious even though it is in your own yard. This is a totally subjective standard and based entirely on things your dog does when contained on your property or in your house. Here is all it takes to put you and your dog in the crosshairs of animal control for doing nothing other than barking in your own yard: Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS OR VICIOUS. (a) If a person reports an incident described by Section =0 A 822.041(2) or a fact or action described by Section 822.041(6), the animal control authority may investigate the fact, action, or incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous or vicious dog, it shall notify the owner of that fact. This means that if a person reports that they think your dog fits any of the definitions of vicious dog in 822.041(6) above, then your dog can be declared dangerous regardless that it never got out of your yard! All a neighbor bully has to do is say the magic words to animal control. I have tried, handled and consulted on Dangerous Dog cases all over Texas and can tell you that these cases are more about neighbors than dogs. For some people even the sight of an APBT, Rottie, GSD, Dobie, Akita, Malamute, Husky, Mastiff, or Chow Chow frightens them. If your dog is declared vicious you are subjected to all of the same requirements that a dog that is out of its enclosure and bites someone has to follow. These state requirements in 822.042 inclu de registering with animal control, restraining dog under your immediate control, keeping dog in an “secure enclosure” (see legal definition below), getting a $100,000.00 insurance policy, and you must comply with local laws (many city/county requirement are terribly harsh including such things as putting a dangerous dog sign on the window of your car if your dog is in it, muzzling, etc.). It only gets worse for dogs in Dallas, Houston and San Antonio (cities with 1M pop.) because any 40+ pound dogs in those cities have to do the following: