Position Statement in Support of House Bill 326
Position Statement 2005-01
On March 8, 2005, the Dallas County Young Democrats voted to approve this policy position and send it, in letter form, to Texas State Representatives Lon Burman, Jessica Farr, Abel Herrero and Dora Olivo. The letter requests that the representatives support House Bill 326 (Senate Bill 172), which closes loopholes regarding Texas's animal cruelty statute.
Dear Representatives,
I write on behalf of the Dallas County Young Democrats regarding House Bill 326, which is currently being considered by the House Agriculture committee. The Dallas County Young Democrats support this bill and urge you to do the same.
Unfortunately, there currently exist loopholes in Texas law (Penal Code Sec. 42.09) that allow certain acts of animal cruelty and abuse to go unpunished. HB 326 closes those loopholes and will help law enforcement officials and the courts ensure that animal abusers, including those who train animals to fight, are prosecuted. Animal cruelty is on the rise in Texas and research has confirmed the connection between violence against animals and violence toward humans. Thus, this bill represents an important step forward both for the non-human animals protected by the bill and for the citizens of Texas.
Prosecutors are frustrated by their inability to prosecute and/or convict animal abusers because of loopholes created by vague and inconsistent wording in the current animal cruelty statute. For example, all of the following went unprosecuted due to the current structure of the law: skinning and decapitating a feral cat; killing a puppy with a power lawn mower; tying a dog to a tree and hammering it to death with a claw hammer; bludgeoning 22 emus with an aluminum baseball bat; burning a rabbit alive; and mutilating a live kitten. Clearly, the statute must be changed to allow for prosecution of these despicable acts.
Please note also, that the bill does not affect in any manner persons engaged in scientific research, hunting, fishing, trapping, wildlife control, animal husbandry, ranching, farming, pest control or the practice of veterinary medicine. The statute is designed solely to punish those acts of animal cruelty not associated with the legitimate care, use, or control of animals.
We appreciate your service in the Texas House of Representatives and, as always, are here to assist you in your efforts to bring Democratic values to the State of Texas.