Lege Throws a Bone

With so much that is so bad (and depressing) happening under the dome this legislative session, it's nice to find a bright spot wherever you can – and last week that light was shining on Texas' companion animals, with several bills moving forward that would strengthen protections for furry (and feathery) friends.

On May 12, lawmakers finally passed a measure to strengthen the state's more than century-old ban on cockfighting. House Bill 1043, by Rep. Wayne Christian, R-Center, would make it a state jail felony to knowingly cause a cock fight, to operate a location used for cockfighting, to allow another to use a space for such a fight, or to make money from cockfighting. Moreover, the bill would outlaw the manufacture and sale of "gaffs" and "slashers" – steel spurs and knives that are strapped to the feet of fighting birds, and it creates a class A misdemeanor (punishable by up to one year in jail) for knowingly training a bird to fight and a class C misdemeanor (a fine-only offense) for cockfight spectators (a second offense bumps this up to a class A crime). The bill does contain an affirmative defense to prosecution for those who show birds at poultry shows. The measure got the nod two hours before the midnight deadline to move House bills, with a 123-21 vote.

Moving on to the governor is another measure, Senate Bill 279 by Sen. Wendy Davis, D-Fort Worth, (carried in the House by Rep. Jodie Laubenberg, R-Parker) which would keep pets and assistance animals out of harm's way by allowing a judge to include animals on protective orders in domestic violence cases. The measure moved out of the Senate in March with a unanimous vote and made it out of the House on a 132-12 vote.

Finally, a measure that would require large-scale dog and cat breeders – that is, breeders with more than 10 breeding females – to keep animals in humane conditions was heard last week by the Senate Criminal Justice Committee. On May 13, the so-called "puppy mill bill" passed out of committee on a 5-0 vote (Sens. Dan Patrick, R-Houston, and Joan Huffman, R-Southside Place, abstained) despite the vociferous objections voiced by breeders, who claim that it will hurt hobby breeders and that it represents a camel's-nose-under-the-tent approach to regulating animal husbandry in Texas. Foes of the proposal – which requires medical care, food, water, and exercise for the breeding animals and their offspring – also argue that the current animal cruelty laws are sufficient to rein in animal abusers. Regulation is the price of living in a complex society, said the bill's Senate sponsor (and committee chair), Sen. John Whitmire, D-Houston, at the hearing. "We are going to pass some form of this bill."