Texas Democrat proposes bill to require insurance for male dogs not neutered

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
wow just wow. just another example of government intrusion into our lives. Insurance for dogs to stop dog bites? wtf are these politicians smoking.

http://www.foxnews.com/us/2011/02/16/texas-dog-owners-barking-mad-proposal-mandate-dog-insurance/

Dog owners in Texas are hot under the collar over a proposal that would require them to buy $100,000 insurance for their pooches.

And they've vowed not to roll over and play dead for what they're calling yet another example of needless nanny-state legislation.

House Bill 998, introduced by state Rep. Ruth Jones McClendon, D-Texas, would require owners of unleashed, un-neutered male dogs over 20 pounds to carry a liability insurance policy of at least $100,000. Violations would be classified as a misdemeanor, and punishable by a fine up to $500.

McClendon said large, un-neutered dogs present the highest risk for property damage and injuries to others, and that owners should be held more responsible for their dogs' behavior.

But getting HB 998 passed -- the bill is currently under review by committee -- will be no walk in the park.

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"There is a movement inside the animal rights lobby to try to force mandatory spay and neuter laws across the states, and this is just another way to get at it," said Rob Sexton, vice president of the U.S. Sportsmen's Alliance. The group, which works with sporting dogs, calls the bill "unnecessary and unreasonable" and has asked Texas sportsmen to actively oppose it.

McClendon says she's just trying to take a bite out of a loophole.

"Existing Texas law allows a dog 'one bite' without making the owner responsible. However, it is clearly not working to resolve problems with dog bites," she told FoxNews.com. "According to county animal-control personnel, over 400 dog bites occur in San Antonio each month."

McClendon said one of the victims was a member of her district who was seriously attacked by a dog whose owner was not willing to help pay for the resulting medical bills.

"Situations like this would be remedied under this bill, as insurance would help cover medical expenses incurred as a result of a dog attack," she said.

McClendon added that a revision of the bill is being drafted to apply the law only within incorporated municipal areas; it would also exclude dog owners in hunting and sporting activities in less-populated areas.

Trial Attorney Herb Subin said he thinks the proposal is a great idea.

"It's the same as driving a car," Subin told FoxNews.com. "If you want to have the chance to have a dog that could cause an injury to someone else then the government has a very strong interest to make sure their citizens have the ability to be compensated."

But pet expert and author Wendy Diamond said the same argument can be made for children.

"There are more bullies at school playgrounds than dog fights in dog parks," Diamond insisted. "The government is overreaching with the proposed bill ... when they demand liability insurance on children then this will be fair."

The Heartland Institute's Charlie Vidal added that if McClendon is trying to reduce dog attacks, she's barking up the wrong tree.

"While Jones McClendon wants to protect people from large dogs, her proposal would do just the opposite. Dog owners, knowing that they are insured against any wrongdoing their dog does, will take less care to ensure that Rex is a good boy," Vidal wrote on the institute's blog.

Fox News Legal Analyst Lis Wiehl said dog owners need not worry, and predicted a dog insurance law wouldn't survive a court challenge.

"The whole issue of mandating insurance is being dealt with right now in federal courts with healthcare, and the latest decision says that it's not constitutional to mandate health insurance. So how could you mandate insurance for your dog?" she told FoxNews.com.

Wiehl said the law already holds dog owners responsible for any damage done by their dogs. And victims of dog attacks that haven't been properly compensated can always sue.

"Most homeowner's insurance policies already cover dogs," she added. "The whole thing is ridiculous."

Read more: http://www.foxnews.com/us/2011/02/1...proposal-mandate-dog-insurance/#ixzz1EL4x5YQw
 
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ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,405
8,585
126
"The whole issue of mandating insurance is being dealt with right now in federal courts with healthcare, and the latest decision says that it's not constitutional to mandate health insurance. So how could you mandate insurance for your dog?" she told FoxNews.com.
uh, same way you can mandate insurance for cars. the state isn't restricted by the US constitution for these sorts of matters (in addition to the insurance not being a requirement of being a citizen/resident like with obamacare).

where did this woman go to law school? she needs to demand her money back. that's pretty basic.

more evidence she's not a lawyer:
And victims of dog attacks that haven't been properly compensated can always sue.
and not collect. it's one thing to have a judgment. its another thing entirely to collect on it. in texas, you're not collecting judgments from regular people unless they have insurance *or* you have a security interest in the person's property already.
 
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cubby1223

Lifer
May 24, 2004
13,518
42
86
Uhhh, I'm not going to read the text or what-not...

you do know that there are no spayed male dogs, right?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
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uh, same way you can mandate insurance for cars. the state isn't restricted by the US constitution for these sorts of matters (in addition to the insurance not being a requirement of being a citizen/resident like with obamacare).

Can they force you to purchase insurance on a farm truck that only drives on private property?
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?
 

Brigandier

Diamond Member
Feb 12, 2008
4,394
2
81
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

Nah, you should just train your dog better.
 

Corn

Diamond Member
Nov 12, 1999
6,390
29
91
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

What you should do is train the dog to only defend/attack on your command. Now that you know your dog is overly agressive, it is your responsibility to insure others aren't attacked. Give that dog an attitude adjustment or put it down.
 

ShawnD1

Lifer
May 24, 2003
15,987
2
81
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

Maybe the UPS guy should have dog insurance. That way his medical bills are covered even if he never finds out who owns the dog that bit him ;)
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,405
8,585
126
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

i have to wonder if your homeowner's policy would cover that?


Can they force you to purchase insurance on a farm truck that only drives on private property?
if the state constitution does not prohibit it, yes, it could. states have what is called plenary power. they're not limited government in the federal sense.
 

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
My unaltered male dog is the gentlest thing in the world and would never bite anybody. I have however known some nasty spayed females who have bitten people before.

Stupid law is stupid.
 

Steeplerot

Lifer
Mar 29, 2004
13,051
6
81
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

No, you should not be an irresponsible dog owner, with possibility of abuse of the animal. Whats your address by the way? Sounds like you need a lesson from the authorities in personal and animal responsibility.
 

Throckmorton

Lifer
Aug 23, 2007
16,829
3
0
One of my dogs bit the UPS guy last night. One bite. My daughter opened the door, he lunged and got the guy on the chest. Guy said is wasn't too bad. All my dog knew was there was a strange guy real close to my daughter - at my front door. I didn't like that he did it, but sometimes it happens. Also the dog is over 120 lbs, but he's neutered. Should I have had dog insurance on him?

This sounds like exactly why the bill makes sense. Could you pay the healthcare bill if it was a serious bite?
 

AnonymouseUser

Diamond Member
May 14, 2003
9,943
107
106
McClendon said one of the victims was a member of her district who was seriously attacked by a dog whose owner was not willing to help pay for the resulting medical bills.

This I've got to hear, and I want the truth, but I still will not support a bill like this.
 

NetGuySC

Golden Member
Nov 19, 1999
1,643
4
81
I think it's a good law except I would think that if a person's dog is covered by a homeowners policy, then the dog owner should not be forced to buy a seperate rider for the dog.

I use to work in animal control, I have seen many times, where a child has a bad face bite from dog owned by a person with no assets or insurance. The child later needed plastic surgery and the childs parents were completely responsible for the medical bills. Sure the parents could have won a judgement aginst the dog owner, but being that the dog owner was a complete drain on society he didn't have to pay a penny.
 

Red Dawn

Elite Member
Jun 4, 2001
57,529
3
0
You sure that wasn't a Euphemism for your average football playing teenager and Dallas Cowboy?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
if the state constitution does not prohibit it, yes, it could. states have what is called plenary power. they're not limited government in the federal sense.

So in theory a state could pass a law requiring all females who drive pink SUVs (or vehicles over X weight) to carry 10 times the insurance all other non-commercial vehicles are required to carry?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
I think it's a good law except I would think that if a person's dog is covered by a homeowners policy, then the dog owner should not be forced to buy a seperate rider for the dog.

I use to work in animal control, I have seen many times, where a child has a bad face bite from dog owned by a person with no assets or insurance. The child later needed plastic surgery and the childs parents were completely responsible for the medical bills. Sure the parents could have won a judgement aginst the dog owner, but being that the dog owner was a complete drain on society he didn't have to pay a penny.

We have a much bigger problem with uninsured drivers around here and uninsured jaywalkers and uninsured bicyclists. Uninsured dogs would be pretty close to the bottom of my "uninsured problem" list.

Hell, NOLA just cut all animal control services because they can't afford it. So do they give stray uninsured dogs, that animal control will not come pick up even after attacking a 15 year old girl on the way home from school, a ticket or something?

To be fair, certain areas do have a culture of dogfighting so people are more likely to come into contact with a dog that has been intentionally bred to be a mean bastard but is it that big of a problem that we need an uninsured dog bill?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,330
126
This sounds like exactly why the bill makes sense. Could you pay the healthcare bill if it was a serious bite?

Could you pay the healthcare bill if your child was seriously injured at someone elses home who happened to own it and didn't have homeowners insurance? Do you check their insurance card before letting your kids play in their yard?

Sometimes you gotta throw things in the "shit happens" category. Yes it sucks, yes it is unfair, no you shouldn't have to pay for it but sometimes "shit happens".