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Looking Beyond HB2414

keown May 31, 2007 09:37 PM

Back on April 20th I posted a somewhat long and rambling message about our need to look beyond HB2414. It did not seem to garner much attention or interest at the time. Considering the situation we now find ourselves in, I think it might be worthwhile to revisit some of the thoughts that I posted about what we need to be doing from this point forward.

I went back to the archives and retrieved that post and I am posting it again down below in its entirety.

-------------------------
Author: keown
Date: Fri Apr 20 14:24:10 2007

Subject: Looking Beyond HB 2214

I realize that at the present most of us have our attention focused on HB 2214 and how we can kill it. And it well needs to be killed. But we also need to be thinking beyond this bill. If we are indeed successful in defeating it during this session, you can bet that they will he back will a similar or even worse bill during the next legislative session (2 years from now). They may not even wait that long, they could possibly accomplish the same thing by convincing the TP&W Board of Commissioners to pass an administrative rule. Such rules have the same effect and weight as a law passed by the legislature. So if we are successful in defeating HB 2414, that will not mean that we have won the war..only a battle. and there will be more battles ahead.

This type of stuff is becoming common all across this country and most of it is being pushed by our good friends at the HSUS, PETA, API and other special interest groups. These organizations have a lot of money backing them and they are being successful in selling their so-called product to city, county and state officials who have no real understanding of what they are really about. Have any of you guys checked into the local city ordinances in the communities where you live recently? If not, I suggest that you do so and that you do so on a regular basis. After being out of Texas for almost six years, we recently decided to try to sell out up here in Wyoming and return to Texas for a number of reasons and the quality herping opportunities that exist in Texas was one of the reasons. We began keeping an eye open for real estate in 7 or 8 different communities that we thought we might like to call home when we return to the state. I also began looking into the animal control ordinances in those communities and was surprised..no shocked is a better word. Basically my snakes would be unwelcome and illegal in almost every community that we had been considering moving to. Most all had animal ordinances amended or updated during the past five years which basically outlaw all wild animals including ALL reptiles. The fact that many of these ordinances were either one of two different styles leads me to believe that the HSUS, PETA and API have been actively peddling their goods to our elected officials in Texas..at least in central Texas. In Burnet, it is illegal to keep any un-domesticated animal including ALL reptiles. If you are a tropical fish keeper you are only allowed to keep a maximum of three (3) aquariums and the total gallons capacity for those three tanks may not exceed a total of 90 gallons. In New Braunfels and San Marcos it is illegal to keep any wild animal including all reptiles. Another that I found did permit the keeping of "small, harmless reptiles" but prohibited the keeping of more than 3 of any species. And I found several that were ludicrous at best. One prohibited the keeping of "any non-domesticated warm-blooded animals including reptiles". Obviously the author of that one flunked 7th grade science. And then there was another that prohibited the keeping of "any carnivorous snake"..Hmm, what other kind of snake is there? And the list continues to grow as we continue to search for a community that we would like to call home and that will allow our animals as well.

If our opposition to HB 2414 is successful, we don't want to just celebrate our victory and get back to life and herping like normal because we are going to be facing these same battles again and again in the future. We need to begin taking the offensive in these issues instead of always being on the defensive about them. There are no doubt a good number of individuals in the state of Texas who are engaged in some type of herp activity, but unfortunately they are not a solid cohesive group but rather various groups with there own individual interests and agendas. If our kids and grandkids are going to be able to keep a lizard or a snake or drive down a country road at night looking for snakes we are going to have to come together as one strong body to ensure that they have those rights.

What I think we need is the creation of what you might call a "Super Herp Society". Perhaps something along the lines of the "Combined Herpetological Societies of Texas' for example.whose 'sole mission' is to monitor proposed legislation and city ordinances in the state and actively work to defeat those that are detrimental to our interests and support those that we can. Each herp society in the state could become affiliated with this larger group and pay some type of organizational dues to help support it and the individual members of all these herp societies could automatically become a member of the larger organization with a portion of their local dues going to support the larger organization. The group should also include the academic herpetologists, zoo personnel, commercial breeders and dealers, hobbyists, and as bad as I hate to say it, perhaps even the rattlesnake roundup organizations. I don't think that 'herping' can survive if we continue to be divided and split.

We need an organization that will represent our collective needs and be the political arm and political watchdog for all of our local and regional herp societies across the state. It is something that deserves some serious consideration before it is too late.

Please excuse my long and rambling post...just thinking out loud here as I ponder what the future of herping in Texas will be. For now I need to get back to the task at hand with HB 2414 and also continue our search for a new community to call home in central Texas.
-----
Gerald Keown
Southwestern Center for Herpetological Research
www.southwesternherp.com

-------------------
Yeah, I know that I am probably the oldest old geezer on these boards (with the possible exception of John Hollister) but I have been herping for 50 years and spent 35 years in Texas law enforcement and worked within the state government bureauacy for 18 years and I know what I am saying is correct.

Sorry John for trying to convince people that you are an older geezer than I am.
-----
Gerald Keown
Southwestern Center for Herpetological Research
www.southwesternherp.com

Replies (10)

LBenton May 31, 2007 10:40 PM

There was not much we could do on this one ahead of time.

The riders were added on the 28th in both house and senate, they were approved and on the governors desk by the 29th and by the time we knew it was already done.

The simple fact is this done with malicious intent to hurt herpers by adding those riders. I feel like the extra effort that went into this could constitute an ethical violation on the part of hILDERBRAN and we need to verify that.

Remember that by making him defend himself on this it will damage his reputation, and with any luck it will get his sorry @$$ out of office for good. I want him unemployed...

We need to research the proper method to bring this actions on him before some ethics committee, and we need to make it very public. We will win some victory by just having him up there.

Lets bring him up for question.... I say that we look into this and try to have plan by Monday.. Feel free to email me for collaboration. (LanceBenton [at] SBCGLOBAL [dot] NET)

My concern is that I think we may need a lawyer to look into this option to be sure it is solid.
Texas Ethics Commission Web page

keown Jun 01, 2007 12:27 AM

Bringing him up before an ethics hearing would take a bit of work and you are right, I think we would certainly need an attorney (one who is willing to do it) to, handle it. As best I can recall there have not been too many Texas legislators ever brought up on ethics charges. I'm not sure that we have all the facts that we would need to prove our case, if it did happen. Yes, we have the smoking gun, but there are some missing bits of proof that we would still need. He has been in office for the past 17 years so I am sure he is "well-entrenched" in the system.

But, I am not an attorney and that is who we should be talking to if we ever decide to try to go this route.
-----
Gerald Keown
Southwestern Center for Herpetological Research
www.southwesternherp.com

Joe Forks Jun 01, 2007 08:49 AM

and way too comfortable. That is about to end.

Alan Garry May 31, 2007 11:30 PM

A possibility for the offensive. What would it take to get a law passed that would require a charity's name to reflect what they are really about? HSUS gets most of their funding from people who think their money is going to help animal shelters. Would it be possible to get them to change their name to something that makes it obvious they are an animal rights organization? Do you think PeTA and API could have gotten Microsoft and Bank of America to take them on as a beneficiary? The animal rights movement gets most of its funding because of that name (HSUS). If we could somehow make it where the AR movement only got donations from truly animal rights minded people, then they wouldn't have near the power they do now. They would be the ones doing damage controll. Wayne Pacelle would have to look for a real job. What would really make it nice would be if we could choose the name for them. I know I'm dreaming, lol.
Well, just a few thoughts. If anyone has some better Ideas along those lines, please share. If the AR groups can get law makers to listen to their whining, we should be able to get them to listen to reason.
Thanks for reading guys.

Alan,

keown Jun 01, 2007 12:10 AM

It would be nice if the HSUS had a name that truly reflected what they were, but I don't thing we can bring that about. What we can bring about is an organized campaign to begin educating people across the state of Texas as to what these organizations are REALLY about. A good place to begin would be to make sure that city fathers, city attorneys and city managers of every incorporated city in the state are educated as to what the HSUS REALLY is about so that wehn they come calling trying to peddle their model animal control ordinances that those city officials at least know what they truly represent before they get suckered in.
-----
Gerald Keown
Southwestern Center for Herpetological Research
www.southwesternherp.com

Alan Garry Jun 01, 2007 08:31 AM

That definately sounds like a plan. We need to get as many people involved as we have on fighting these bills. That will really do alot for us in the long run.

troy h Jun 01, 2007 08:35 AM

Texas Audubon, Texas Sierra Club, Texas Nature Conservancy, Texas Wildlife Association, most of the landowner NGOs, etc, all have paid staff to monitor these bills, etc. I'm not sure if we CAN get big enough to financially support such as Austin staff, but that's what we need to effectively interact withing the beltway.

Troy

Alan Garry Jun 01, 2007 09:04 AM

Hey Troy, How've you been. I just feel if we could just raise awareness about HSUS, with phone calls and e-mails, that should atleast accomplish something. There are too many lawmakers who believe HSUS is legit. Look at how much HSUS has accomplished, stretching the truth as much as they do. I'm not talking about raising awareness as herp hobbyist, but as concerned citizens, and responsible pet owners. We should also get cat and dog owners, dog breeders, horse breeders, ranchers, and anyone else you might think of that would be relevant. I'll tell you right now, I know little to nothing about politics, but I can't help but believe this could help us greatly. It should atleast do something in our favor. I know we can't accomplish this overnight, but HSUS is a problem we need to deal with. If they had the same credibility as PeTA, and API, they wouldn't be near as formidable as a foe as they are now.

Alan,

Aaron May 31, 2007 11:33 PM

That is a good idea. We need to have people watching the bills continuously. Hopefully this will act as a catalyst for that.

keown Jun 01, 2007 12:02 AM

There comes a time when in order to survive that you must begin taking the offensive other than always trying to defend yourself. We need to start having a voice and making sure that our "collective" voice is heard loud and clear on a lot of issues.
-----
Gerald Keown
Southwestern Center for Herpetological Research
www.southwesternherp.com

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