SB779, authored by Senator John Whitmere and co-authored by Senator Joan Huffman, is pending in committee as of 5/24/11. This bill, if passed, would make Texas the first state in the nation to have an “Animal Abuser Registry”. SB779 would establish a “database containing certain information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty; providing a criminal penalty.”

This database includes anyone 17 years of age or older; includes one or more felony convictions or deferred adjudication; requires registry up to the 10 year anniversary of the last conviction; and the information will be published on the Department of Public Safety of the State of Texas website. All information will be public information, with the exception of the person’s Social Security number, Driver’s License number or telephone number.

“To the extent that funding is available under Article 62A.07, the department, in cooperation with the Board of Pardons and Paroles, the Texas Department of Criminal Justice, and the Commission on Jail Standards, by rule shall design and implement a system for the registration of persons described by Subsection (a). The system must establish requirements and procedures…” notification of registry with local law enforcement before being released; annual registration, or every 90 days if the person is considered high risk; or every 30 days if the person does not have a permanent address; registration no later than 5 days after an address change by said person. The database will track whether said person is in compliance with registration requirements; if not, will report to other persons requesting information; includes a recent photograph of said person; and will include whether said person is attending or planning to attend a private institution of higher education and forward information to this institution. This Act allows “any person” to request what is considered to be public information, including any criminal history record maintained by the department, photograph, and any arrest information. Considering the fact that this is supposed to be an Animal Abuser Registry, why is any arrest information included? Does this sound like a complete invasion of privacy?

The department may solicit and accept a gift, grant or donation from any source, including a foundation, private entity, governmental entity, or institution of higher education. We seem to have a lot of “soliciting of private funding” going on here these days! No government should ever solicit nor accept private funding of any kind. Does this not show complete impropriety on the part of our elected officials? Or can money really buy you whatever you want?

Could this be the “brainchild” of the Animal Legal Defense Fund (ALDF)? This organization was founded in 1979 by a group of attorneys, and is based in the San Francisco Bay area. They are a registered 501(c)3 organization who, according to their own website, pushes the US legal system, offers free legal assistance to prosecutors, working to strengthen state statutes, and “nurtures” the future of animal law through the Student Animal Legal Defense Fund. On their website, they state “state and federal legislation we've helped pass,”. Would this not be in violation of the IRS statutes for a 501(c)3 organization against lobbying? Is any of the staff of ALDF registered in the State of Texas as lobbyists? As the saying goes, Follow the Money!

For a full version of the bill use this link HB1103.pdf now SB779.

By: Debi R*** (research and comments)
Opening by Karla