Texas Humane Legislation Network (THLN) - Promoting the humane treatment of animals through legislation, education and advocacy

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The Department of Licensing and Regulation (TDLR) is seeking public comments to its draft of a Licensed Breeders Penalty Matrix. To view the matrix draft, please click here http://www.license.state.tx.us/bre/brePenaltyDRAFT.htm. You will notice in the introduction that public comments are due before September 12th and should be sent to penaltymatrixcomments@license.state.tx.us. Please take the time to review the penalty matrix draft and send your personalized comments to that draft.

In reading the introduction you will note that the penalty classes are Class A through Class G, with Class A being the smallest penalty class with the penalties increasing through Class G which is the largest penalty class. The factors TDLR considered when developing the matrix were:

• The severity or seriousness of the violation.

• Whether the violation was willful or intentional.

• Whether the breeder acted in good faith to avoid or mitigate the violation or to correct the violation after it became apparent.

• Whether the breeder has engaged in similar violations in the past.

• The level of penalty or sanction necessary to deter future violations.

• Any other matter that justice may require.

From our initial review of the matrix, we feel it imposes larger penalties for "administrative" violations than for violations affecting the health and wellbeing of animals in breeder facilities. We feel this is contrary to the purpose of the legislation which was designed to protect the health and welfare of dogs and cats in breeding facilities. For example, "administrative violations" in Class C are punishable by larger fines than those in Class B for failure: 1) to provide proper "materials/construction" for the housing of animals; or 2) to provide the necessary personnel to care for the animals.

We are asking our members to make personalized comments to this penalty matrix draft to ensure that penalties involving the housing and care of animals in these breeder facilities are sufficient to address the severity and seriousness of those types of violations and to ensure compliance. If the penalties for such violations are not sufficient, it will be to the breeders' advantage to wait and see if they're cited for a violation and then pay the fine for the violation rather than correcting the problem. Again, we must emphasize that stronger penalties for violations affecting the housing and care for the animals be the primary goal of the penalty matrix. It is our view that the minimal penalty class for a violation involving the health, care or general wellbeing of an animal should be Class E.

Also, you might make the point that the regulations adopted by the TDLR Commission were very minimal and if a breeder is not complying with them, then it is obvious that the care of the animals is not a priority with that breeder and the fines should reflect that.

Please be polite in your message, and remember your comments must be sent to TDLR prior to September 12th. Thank you for helping the animals!

Issue Links: Puppy Mills