We interrupt this nap for an important news bulletin: Threat of Breed-Specific Legislation in Texas
Oklahoma people: Please visit Texoma Bully Breed Outreach because I am placing all the OK BSL info over there.
BSL is not legal in the state of Texas. We narrowly avoided BSL in the 2009 legislative session. Thankfully, the legislature does not meet again until 2011, so we are working hard to ensure that we are ready for 2011. In the meantime, local cities are passing various laws — some good and some bad. It is always possible for a city to pass illegal BSL.
Since I am updating multiple websites with limited time, here is how I am going to try to keep everyone informed:
1) Up to the minute updates: Please see the Lone Star State Pit Bull Club website, lsspbc.com.
Here is a summary of what happened in 2009.
Also, subscribe to the LSSPBC Yahoo Group. We will send Texas BSL updates and Lone Star State Pit Bull Club (ADBA sanctioned club) updates through this mailing list (an announcement-only list).
2) Commentaries and other general issues pertaining to BSL in Texas – articles on thi lucydog.com are my personal opinion, not the opinion of the ADBA, EBA or LSSPBC. Please see the “for Texans” category for these articles.
Why don’t cities or counties in Texas have BSL now?
Texas has a good generic dangerous dog law in the HEALTH AND SAFETY CODE CHAPTER 822. Texas is one of about 13 states that do not allow local governments to pass BSL. The code is here: http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm
§ 822.047. LOCAL REGULATION OF DANGEROUS DOGS. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991.
How would Texas get BSL?
The Texas Municipal League, a lobbying group for local governments, has on their legislative agenda a desire to change the Texas Health and Safety Code to allow breed-specific legislation at the local level. Interestingly, they seem to oppose “unfunded mandates” which is what BSL usually is. An “unfunded mandate” is a law that is imposed with no money to implement it. I have been keeping track of which cities have been asking for BSL here.
If the language of the TX Health and Safety code is changed as the TML is requesting, the result will be breed bans in cities all over Texas. As we have seen in the Denver, Colorado area, they spread like a virus.
In 2011, a state legislator may introduce a bill to change the language in the Health and Safety Code. Then dog owners will need to fight in Austin to keep such a bill from proceeding. If a law passed, we would have to battle city by city, county by county, to keep our dogs. Wouldn’t it be nice to spend time on something else, like education or raising money for rescue?
Mandatory spay/neuter laws (MSN) are the latest trend. Don’t fall for it. In late-2006, California, another state with a state law similar to Texas’, amended it’s state law to allow local breed-specific mandatory spay and neuter ordinances. Many cities in California have adopted MSN laws for “Pit Bulls” and other specific breeds. I am in favor of strongly encouraging spaying and neutering, and funding free surgeries to everyone who wants one; however, this type of legislation does nothing to stop overpopulation of other breeds. Breed-specific MSN is often a “compromise,” proxy or trial balloon for more BSL. MSN is a tool to divide rescuers and dog show folks. Allowing the government to decide what a “pit bull” opens the door to taking away our dogs.
