Action Alert
February 28, 2007
Rally in Austin this Friday
and a Report on the
Committee hearing on HB 461
Come to the rally this Friday, March 2!
Please come join us in Austin this Friday to protest the NAIS! The rally is a joint effort with individuals and organizations who are opposed to the Trans-Texas Corridor.
While you're in Austin, talk with your legislators about NAIS.
Nothing makes more of an impact than a face-to-face meeting! We will
have lobbying packets available, with talking points and memos, to
help you. It's best to call your legislators ahead of time, and
tell them that you'll be coming to the Capitol on Friday -
as with anyone, advance notice and an appointment is appreciated.
Don't be upset if your legislator won't be there, it's
also very important to meet with their staff. You can find your
representative at:
www.house.state.tx.us/welcome.php and your
senator at:
www.senate.state.tx.us/.
If you're marching: Meet at the corner of Cesar Chavez (1st) and Red River. We have reserved the parking lots on the northeast and southeast corners. Be there no later than 1:30, preferably earlier! If you're bringing tractors or animals, we will be escorting them back to the parking lot because we cannot have them on the actual grounds of the Capitol.
If you're skipping the march, but want to come for the speakers and musical performance: The rally will start shortly after 2:30 on the south steps of the Capitol.
More information available at: farmandranchfreedom.org/content/dont-tag-texas
Brief report on Committee hearing on HB 461
The House Committee on Agriculture and Livestock considered HB 461 yesterday. It was a great hearing!
Chairman Miller provided a committee substitute for HB 461 that incorporates all of the protections from HB 637: (1) full disclosure before anyone is signed up; (2) the right to withdraw at any time and have one's information deleted; and (3) a non-discrimination clause that states: "A person may not condition a service, benefit, license, payment, or permit on participation in a program under this section." In other words, private companies and the government could NOT force anyone to sign up for NAIS in order to buy feed, be in 4-H, go to a sales barn, get a veterinarian's help, etc.
The Committee heard several hours of testimony on the bill, and ultimately left the bill pending for another meeting. We expect the bill will be voted on soon, and will send an alert out as soon as we have a specific date. For more details on the hearing, keep reading. The Committee members' contact information is included at the end of the alert. If you haven't already done so, please call or email the undecided members of the Committee to urge them to support the bill, and thank the members who are co-authoring the bill! And, as we keep repeating, please contact your own Representative and Senator to ask for their support.
A few words about the Committee process: The online bill report will simply show who testified "for," "against," or "on" the bill. Most legislators, who are not on the Committee, will look to see how many people testified on each side of the bill, without bothering to go listen to the testimony or try to find out why people were for or against it. Remember, if HB 461 and HB 637 die, the TAHC will be able to make NAIS mandatory at any time. As several witnesses did, you can tell the Committee members and your own legislators that you would prefer a full repeal or additional protections, while still supporting these bills as a good step forward.
More details on the Committee hearing on HB 461
Before the hearing, the clerk provided a copy of Chairman Miller's request for a "committee substitute" for HB 461. The committee substitute bill incorporates all of the protections from HB 637, to make sure that the agency cannot abuse a voluntary program by misleading people or coercing them into the program.
Chairman Miller handed over Chairmanship of the Committee to Vice-Chair Anderson. Representative Miller then explained why he was sponsoring HB 461. He gave a wonderful discussion about why NAIS is not needed, speaking at length about all of the tracking and disease control programs that we have already.
Vice-Chair Anderson then started the public testimony phase of the hearing by calling FARFA to speak. After FARFA, several other organizations and individuals testified, mostly in favor of the bill and limiting NAIS. Below is more information on all the testimony. I apologize in advance if I spell anyone's name wrong or don't hit all of the points they think should be mentioned from their testimony! This discussion is just based on my notes from the day.
Final Count of the Testimony - This is what most legislators
will look at:
For the bill: 12
Against the bill: 4
Neutral: 3
FARFA kicked off the morning testimony by testifying for the bill.
My testimony addressed (1) the lack of scientific support for the
program; (2) the costs in both money and our freedoms; (3) the
problems Australia has experienced; (4) and what USDA and other states
are doing. The written copy of the testimony is at:
farmandranchfreedom.org/content/HB461-testimony-2.27.06 (a few
minor changes were made when I actually spoke)
Exotic Wildlife Association testified for the bill. Their speaker made some excellent points about what happened to the elk market when NAIS was required for them last year. Elk bulls that had been selling for $1,200 or $1,300 weren't selling at all, while cow prices dropped from $500 or $600 to $100. Many people simply decided to stop buying or selling elk because of the regulations, which have since been changed. She also spoke to the problems with tagging every animal, since some species simply won't tolerate being confined in a chute or handled that way.
Diane and George Moore both testified against the bill because it isn't a full repeal of the program.
Tony McClenny testified for the bill, even though he wants a complete repeal. He is the Farm Bureau director in Coryell County and spoke about the way the FB resolutions have been happening. He described them as being driven from the top down.
The afternoon testimony can be watched at:
www.house.state.tx.us/committees/broadcasts.php?session=80&committeeCode=020
Dr. Don McLeod kicked off the afternoon session by testifying for the bill. He spoke about his long experience as a veterinarian with the existing mechanisms for addressing disease, and the Texas traditions of freedom and independence. Like many, he too wants a full repeal but supported the bill.
Then we got to the pro-NAIS people. Jay Gray, Texas Farm Bureau, testified against the bill. Chairman Miller posed some very hard questions to him about why Farm Bureau is opposed to the bill, since they claim to be in favor of a voluntary program. Ultimately, the answer appeared to be that they want the "flexibility for it to be mandatory at some point in time." Both Chairman Miller and Vice-Chair Anderson asked hard questions about how the policy had been made and whether Farm Bureau had polled its members.
Josh Gardner, Cattle Feeders Association, testified against the bill. He claimed that Texas would "close the safeguards we already have in effect" because the bill would prevent any type of mandatory identification, even for existing programs such as scrapie. Chairman Miller told him that it just wasn't so. As with Farm Bureau, Chairman Miller asked Cattle Feeders about how the decision to support NAIS (and oppose this bill) had been reached. When Gardner admitted that it had been the Board of Directors, and not the members, who developed the policy, both Chairman Miller and Vice-Chair Anderson said they were members of Cattle Feeders and they did not agree with the policy!
Dr. Bob Hillman then testified for the Texas Animal Health Commission. The agency can't testify for or against a bill, only "on" it, but Dr. Hillman was clearly opposed to it. Like the Cattle Feeders, he claimed that it will stop the already-existing disease control programs, and he and Chairman Miller went back and forth over that issue for quite a while.
Jimmy Gaines, Texas Landowners Council, testified for the bill.
Pam Cantwell testified for the bill as an individual. She gave a passionate speech about freedom, including her father's service in the military, and what NAIS would mean for horse owners.
Brad Stufflebeam, Texas Organic Farmers and Gardeners Association, testified for the bill. He painted a compelling picture of the importance of small farmers and local foods, and the harm that NAIS would cause. Both Brad and Pam said they want a full repeal, but support the bill.
Texas Eagle Forum filed an affidavit to support the bill. Randy Givens, Mary Beth Westcott, Mike McGeary, and Jeremiah Griffin all filed affidavits as individuals supporting the bill without testifying.
The Texas Association of Dairymen and the Texas Public Policy Foundation filed affidavits "on" the bill.
Last, Ken Hodges, Texas Farm Bureau's lobbyist, stood up to try to address Chairman Miller's questions to the previous Farm Bureau speaker, basically saying that they were simply following their policy that supports the current statute. He noted that the Texas Farm Bureau's first policy on NAIS was adopted in 2004, supposedly in response to the 1st case of BSE.
Contact information for the Committee
If you haven't already done so, please call or email the
undecided members of the Committee to urge them to support the bill,
and thank the members who are co-authoring the bill! And contact your
own legislators, as well. You can find your representative at:
www.house.state.tx.us/welcome.php and your senator at:
www.senate.state.tx.us/
Members of the House Committee on Agriculture and Livestock who have not yet co-authored the bills:
Rep. Betty Brown: (512) 463-0458
www.house.state.tx.us/members/email.php?dist=4&rep=betty.brown
Rep. Juan M. Garcia: (512) 463-0672
www.house.state.tx.us/members/email.php?dist=32&rep=juan.garcia
Rep. Joe Heflin: (512) 463-0604
www.house.state.tx.us/members/email.php?dist=85&rep=joe.heflin
Committee members who have authored or co-authored HB 461 or HB 637: Please be sure to send a special thank you to Chairman Miller and Vice Chair Anderson for their excellent comments and questions at the hearing!!
Chair: Rep. Sid Miller: (512) 463-0628
www.house.state.tx.us/members/email.php?dist=59&rep=sid.miller
Vice Chair: Rep. Charles "Doc" Anderson: (512) 463-0135
www.house.state.tx.us/members/email.php?dist=56&rep=charles.anderson
Rep. Jimmie Don Aycock: (512) 463-0684
www.house.state.tx.us/members/email.php?dist=54&rep=jimmie.aycock
Rep. Pete Gallego: (512) 463-0566
www.house.state.tx.us/members/email.php?dist=74&rep=pete.gallego
For more information about NAIS, visit www.farmandranchfreedom.org or libertyark.net