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Updated 04/14/2011 03:03 PM

Breeders barking mad over proposed ‘puppy mill bill’

By: YNN Staff

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A state bill that sets out to regulate large scale commercial breeders of cats and dogs has been temporarily muzzled.

Lawmakers in the House were set to vote on HB 1451 Thursday, but instead sent it back to committee to have certain parts rewritten.

Those opposed to the statute argue that it leaves too much up for interpretation.

For more than 20 years, Kathleen Polston-Kirby has been breeding Chihuahuas in Elgin, showing them around the country and selling a few in the process.

Original documents:

Click here to view the current version of the bill.

Like all commercial breeders in Texas, Polston-Kirby's operation is not subject to any sort of government regulation, and she doesn't think House Bill 1451, also known as the “puppy mill bill,” should be its starting point.

"Agreeing to a bill that basically gives them a blank slate to do what they want, I don't think is fair to any one industry," she said.

The bill defines a commercial breeder as someone with 11 or more breeding females, a threshold Kirby meets. If the bill passes as written, she could be subject to disciplinary action, a criminal background check and regular inspections.

Introduced by Rep. Senfronia Thompson, D-Houston, the bill has the support of the Texas Veterinary Medical Association, among others.

"It has a lot of good provisions. It had the buy-in of a lot of different people who came to the table to craft this bill," Monica Hardy with the Texas Humane Legislation Network said. "It in no way keeps people from actually being able to breed dogs."

Proponents of the bill admit it is vague but insist it will go through a lengthy rule-making process with the state's licensing agency as well as experts who will specify the guidelines and fees.

"If I could look at this bill and I could see how the actual language of it was going to empower them to do something that they cannot do today, I would be for it 100 percent," professional dog handler Tonia Holibaugh said. "Sign me up. Come inspect my house so that the next person who's not going to take care of their dogs can be handled."

Representative David Simpson, of Longview, asked the bill be put on the general calendar for debate. The licensing committee chair will make that decision by next week.

HB 1451 had been on the "Local and Consent Calendar," typically reserved for bills not expected to receive much, if any, opposition.

When the measure was in committee last month, more than 20 witnesses testified against it.