Texas has put forth House Bill 637 which proposes a voluntary NAIS in Texas with a potential fee. The fear with a ‘voluntary’ system is that the government will gradually make it defacto mandatory by limiting access to transport, veterinary care, new livestock, breeding, slaughter facilities, markets, etc. The Texas bill is the weakest and most complex bill I have read so far. (Virginia gets the prize for the shortest bill.)
The Texas bill does have this sentence:
(k) A person may not condition a service, benefit, license, payment, or permit on participation in a program under this section.
but I fear that is not strong enough. The government has a long history of making voluntary into mandatory. As usual, contact your legislators in your state to let them know how you feel.
Walter, thank you for alerting us to this dire situation in Texas. This is exactly why I am so impressed with your format. I have been going to Texas Animal Health Commission Watch daily, and there has not been an update there since Nov. 27th. I have e-mailed them, with no response, so I don’t know if there has been an illness or other situation that has interfered with that website. After reading your post today, I went directly to FARFA and could not find mention of HB 637. On Liberty Ark, under State-by-State Activities, I found this:
“Representives Bryan Hughes and Patrick Hughes have committed to filing a bill to roll back the previous statute and limit the Texas Animal Health Commission’s authority to a voluntary program with protections against coercion.”
This is not acceptable to me. Need I go into the reasons why “voluntary” is not good enough. With reports in Texas of 4-H and/or FFA kids being already required to have a premises ID, even though it is not required YET in Texas, does it take much immagination to see that the auction barns and feed retailers will run for cover.
If this is the best that can be done in Texas, then I am guilty of not having done enough myself, and, instead, leaving it to others. I hope another state rep. will introduce something better, but as our state representative, Sid Miller, told me personally over the phone months ago, he would support a “voluntary” NAIS, because it would be easier to pass than a bill to repeal HB 1361. And we thought, for a while, that Bryan Hughes was our hero. I bet the feds are smiling today.
I am angry right now, and may regret some of what I am saying here, but it doesn’t sound good for Texas.
Comment Texas Goat Gal — January 20, 2007 @ 2:35 pm
My heart’s breaking for Texas. We have family and friends there and imo, if Texas falls to the creeping death of ‘voluntary’ it will be devastating to the rest of us.
Of course it won’t be easy to repeal 1361, but y’all need to get on the phone every day to reps that aren’t even your reps and let them know how bad this will be for freedom. Let them know how many other states have much more testicular fortitude than they; that they must do the right thing and repeal a horrific law that violates the Constitutional rights of their citizens. Explain the problem with voluntary to them and show them the cooperative agreement announcement for ‘07. Get Texas’ response to the CA for 07 and use that as well. In AR CA for ‘07 they talk about easing people into it as it becomes mandatory.
No government involvement in NAIS period is what you need to get. Don’t settle for less. It’s time to get very proactive and require that they do the right thing and repeal 1361.
Comment Doreen — January 21, 2007 @ 6:22 am
Texas HB 637 does 4 things:
1) It removes the TAHC’s current, existing statutory authority to implement a mandatory program.
2) It requires full disclosure and informed consent before anyone can be signed up. In other words, the government cannot get people to register by misleading them or slipping it through quietly, a problem we’ve seen happening.
3) It allows people to withdraw at any time and have their information deleted. So all of the people who registered because they were lied to or because they didn’t know what the program was, can get out.
4) It stops “any person” from conditioning “a service, benefit, license, payment, or permit on participation in a program under this section.” Under section 311.005(2) of the Texas Government Code, “person” includes “corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.” So people can NOT be told that they have to have a premises ID in order to get veterinary care or transportation, participate in 4-H, or anything else. The state agencies and private companies are both stopped from saying: “You can’t do this” or “You aren’t eligible for this benefit” simply because you choose not to participate in NAIS. Anyone who chooses not to part of the program will be able to buy feed, sell at auction, use slaughterhouses, go to shows and fairs, and everything else we do now, without any pressure to sign up for NAIS. No carrots, no sticks.
HB 637 is long and complex because it was not written from scratch, but is an amendment to an existing bill. The language in it was crafted by legislative counsel, whose job it is to draft the bills for legislators. We can put pressure on legislators for the points we want, and suggest language, but ultimately the legislators rely on their own counsel for what exactly goes in the bill and how it is written.
There is no such thing as a perfect bill. Given the varied and convoluted ways that USDA and the agencies have implemented NAIS already, short doesn’t necessarily mean best. In every state, there is a long road between having a bill introduced and having it become law. There’s a lot of room for changes to made, whether it’s to our benefit or by the other side. Write, call, or meet with your legislator in person – do something to get a bill that you want made into law. Ask for changes to the existing bill, support the bill as it stands, try for an entirely new bill — whatever you think best. The “best bill” does nothing if it doesn’t get passed. What matters is what is finally adopted into law.
Comment Judith — January 21, 2007 @ 11:43 am
Update: This morning I called Rep. Patrick Rose’s office to check on the status of the bill he tried to introduce in the third special session of the legislature this past year, to repeal HB 1361. His staffer told me she was not certain if he would try to introduce that again, but told me about HB 637. I told her I was aware of that bill and pointed out some of my concerns:
1. Needs specific reference to NO mandatory premises ID, under any circumstances. The only reference to premises ID in the bill is “(d) The commission may assess a registration fee on all entities that register for a premises identification number.”
2. Needs specific reference to immediate remedy if “a service, benefit, license, payment, or permit on participation” is violated, as we know it will be. Texans should not have to sue to protect their legitimate rights by law.
3. Under (e) it seems that too much info will be available for use about Texans’ private affairs.
4. Under (a) “consistent with the United States Department of Agriculture’s National Animal Identification System” seems to put us right back where we were in the beginning - implementation as per the Draft Strategis Plan.
5. Needs specific reference to the Class C misdemeanor in HB 1361, or mention of no criminal penalty for non-participants.
6. “(k) A person may not condition a service, benefit, license, payment, or permit on participation in a program under this section.” Needs to be expanded in specific layman’s terms (not because I am a simpleton), because politicians and others are always looking for loopholes in the law.
7. “(j) A person who participates in the program may withdraw from the program at any time. The commission shall delete from the program all personal information relating to a participant when the participant withdraws from the program.” What about mention of the premises identification number, which state and federal government may not consider “personal information”. When I asked Rose’s staffer who was going to get the feds to delete premises identification numbers and info, she said that could not be done.
Rep. Rose’s number is 512-463-0647. Maybe we can still persuade him to introduce his bill to repeal HB 1361. His staffer also told me about another bill, HB 461, introduced by our state rep, Sid Miller. Since, in my opinion, he lied in his 1/2 page ad about his opponent’s anti-NAIS stand, I think this is a feel-good piece of legislation to cover his you-know-what. It is about a “voluntary” NAIS, with few protections.
link
Now for some better news: Next I called Rep. Lois Kolkhorst’s office. Her staffer was VERY receptive to my comments on NAIS, as she is adamantly against it. He told me that she is preparing legislation to present this week. It, too, is for “voluntary” NAIS, but with more teeth, he said. After we discussed the “voluntary” issue, he said she might present legislation to overturn HB 1361. He ASKED me to fax info about the other states’ legislation - Washington, Missouri, Virginia, Indiana - together with my concerns about HB 637. If we can get lots of Texans and others to call her office (866-829-6370 or 512-463-06009) in the next two days, maybe we can persuade her to try to repeal HB 1361. The deadline for new legislation is Marth 9th.
I have only mentioned my concerns about HB 637 that hit me in the face. I am sure there are many others. I would love to hear what others think of HB 637.
Comment Texas Goat Gal — January 22, 2007 @ 12:46 pm
I’m glad you’re you’re there working so hard on this Tex Goat Gal. My parents live in Texas and I was born and raised there so I’m very concerned about Texas legislation.
Keep up the good work!
Comment David Hannes — January 22, 2007 @ 1:40 pm
While researching all day on Texas and NAIS, I came across the minutes of a September 6, 2006, meeting of the Subcommittee on Agriculture. At the bottom of page 2, it states that the Farm and Ranch Freedom Alliance (FARFA) testified. The minutes state that “FARFA does not oppose a voluntary program.” This was a surprise to me, because I thought we were all fighting AGAINST NAIS.
link
The transcript is not available, but an audio/video is, at:
link
Comment Texas Goat Gal — January 22, 2007 @ 9:39 pm
Just received an email replying to an inquiry to Texas Ag agent.
when I got this my first thought was. Cool I have his cell, let me register then at 3am I will go for a ride and call his cell and ask for the premises id of my neighbors property since I went there
Then I thought why would you want to register you fool…
I removed my info from the email
Return-Path: Tue Jan 23 11:58:41 2007
Received: from angus.tahc.state.tx.us [168.39.25.5] by zzz.zzzzz.zzz with SMTP;
Tue, 23 Jan 2007 11:58:41 -0800
Received: from kedgar (host25-206.tahc.state.tx.us [168.39.25.206])
by tahc.state.tx.us (Postfix) with ESMTP id 5971917D95B6
for ; Tue, 23 Jan 2007 13:58:39 -0600 (CST)
From: “Kenny Edgar”
You will not be able to search for that information. Because all of this
information is held in strict confidentiality, individuals are not able to
search for premises.
If you need to know if a place has a number, give me a call at the toll free
number below and I should be able to help you if it doesn’t cross the
confidentiality line.
My phone extension is 727.
Kenny Edgar
Texas Animal Health Commission
Animal Identification Program Coordinator
800-550-8242 toll free
512-719-0719 fax
512-719-0727 direct line
512-496-9788 mobile
—–Original Message—–
From: me
Sent: Tuesday, January 23, 2007 1:48 PM
To: TXPRS@tahc.state.tx.us
Subject: Search question on the premises registration
What is required to search for a premises ID?
I would like to be able to search for a location to see if it has one.
Comment Thor - TX — January 23, 2007 @ 3:26 pm
HELP!!! Please read comments #1, 4 and 6, and if you would be willing to go to Austin with me to visit Rep. Patrick Rose and Rep. Lois Kolkhorst, please let me know on this site, and we will work on getting together.
I do not aspire to be a leader or agitator. I would prefer to sew, garden, tend my animals, and be left alone by government, as we all would. However, this is our one and only shot to take care of NAIS in Texas, and it breaks my heart to see other states introducing legislation - perfect or not - to stop NAIS, and we are wasting time and opportunity with “voluntary” foolishness.
As I mentioned in comment #4, I did fax ten pages to Rep. Kolkhorst on Jan. 22nd, as her staffer said to get it in immediately. She is planning to introduce legislation soon. Her’s will be of a voluntary nature, also. You can read that I contacted Rep. Rose’s office also.
I am not a member of the Texas Yahoo group, because I have an aversion to enabling cookies - mostly because computers are not my first love, and I do not feel comfortable doing that. I may be forced to do so, but I am hoping there is someone out there through this website. I have put out a few feelers, but have not heard back yet.
War is peace, freedom is slavery, ignorance is strength, VOLUNTARY is mandatory!
Comment Texas Goat Gal — January 24, 2007 @ 8:32 am
Don’t Tag Texas!
I was so delighted to see that Hank Gilbert is still fighting for us!
link
Comment Ann Nelson — January 24, 2007 @ 2:36 pm
Ann, thanks for advising us that Hank is the organizer of this rally. I knew of it through the FARFA webpage, but he is not mentioned, so I did not know we have him to thank. I am assuming you live in Texas. If so, I would love it if you would get my e-mail address from Walter so we could correspond. I know no one around me that is “on fire” over NAIS, even though I talk with people all the time. You know the typical responses from folks.
Walter, as if you did not have enough to do already, would you pass on my e-mail address to Ann if she asks? [Done. -WJ]
Walter, I hope you know how much I appreciate you, your family, and your work. If we could clone you, that would be a case of cloning we would all support.
Comment Texas Goat Gal — January 24, 2007 @ 6:13 pm
So there is to be a March on Tx Independence Day at the Capitol set up by Hank Giblert….Y’all better go and say there is no Voluntary NAIS.
No Nais, No Compromise!!!
Comment Doreen — January 24, 2007 @ 7:38 pm
#10 Can you please let me know more details and I will help post to get the word out for Texas. I need to be sure that this rally is set in stone.
Comment Gisela — January 25, 2007 @ 4:42 am
Gisela, thanks for asking. Go to Ann’s link in #9, which is a message from Hank Gilbert about his rally and why he is doing it. His message is quite motivating. Then go to:
link
These are the only two notices I have seen, but a few folks I have recently contacted by phone have mentioned it, also. I will keep this website posted as to what else I find.
Comment Texas Goat Gal — January 25, 2007 @ 9:31 am
Good news! I took a chance last night and e-mailed Hank Gilbert (thanks Ann for your notice of the rally)about my concerns with Bryan Hughes HB 637 “voluntary” NAIS, and he just called me back an hour ago. I will give a brief description of what we talked about, but the gist of the conversation is that he is totally anti-NAIS, no “voluntary”, no nothing. He said anyone that he invites to speak on March 2nd will be speaking about stopping NAIS in its tracks. He is not impressed with HB 637, and will settle for nothing less than stopping this. He said to send him some links so he can read up. I am definitely going to link him to Mary’s post about the interim rule, also, since he is a cattle rancher himself. I told him my husband and I would pay for ads in the papers around this part of Texas. He is putting together a webpage just for the rally, but it is not up and running yet.
We are NOT going to let this talk of “voluntary” railroad us into something that we know will lead us right into the grasp of the out-of-control feds.
To read some of Hank’s comments, check out Ann’s link in #9. Ann, if you hadn’t posted that, I would never have thought of contacting Hank.
[When he gets the page up about the rally, let me know and I’ll post an alert here. -WJ]
Comment Texas Goat Gal — January 25, 2007 @ 5:54 pm
Texas Ag. Committee Hearing on NAIS: My husband and I traveled to Austin today. I visited with five representative’s office staff. Most were their chief of staffs, and I actually did get to meet with one representative in person. I went armed with binder notebooks that I had put together. Each had 14 articles, pieces of legislation, etc., with a table of contents. As suggested by a no-NAIS friend from here, I highlighted all the most important points. One staffer said several times that he liked that type of presentation. I will not mention who I saw at this time, but we will see what happens. I included in each notebook the newspaper-ready flyer about the Don’t Tag Texas rally on March 2nd.
Here is the most important information I came back with. This coming Tuesday the Ag. Committee will have a public hearing on HB 461, Rep. Miller’s “voluntary” legislation. His staffer told me today that he actually liked HB 637 better than his own bill. Here are the details:
Tuesday, Feb. 27, 2007, 8:00 am
Rm E1.010
Chair: Sid Miller
Relating to prohibiting mandatory participation in an animal identification system. The committee will hear posted legislation and invited testimony from state agencies under the committee’s jurisdiction.
I actually was handed this notice by a staffer from another office that I had spoken with yesterday over the phone. She had the notice printed out when I arrived. I visited that office after Rep. Miller’s, so in the morning I will call Rep. Miller’s office and get more details about testimony from the public.
Goatman, if you or someone else can crosspost this to Texans Against NAIS, I would appreciate it. I wanted to get this out as soon as possible, so we will have plenty of notice of the hearing.
More tomorrow.
Comment Texas Goat Gal — February 22, 2007 @ 9:06 pm
Link to flyer for Don’t Tag Texas event.
Comment Ann — February 23, 2007 @ 11:27 am
UPDATE on Ag hearing: I just called the house ag committee room (512) 463-0762, and was told by the young man there that the hearing will cover HB 637, not HB 461. He said the notice would still say HB 461, but they would be discussing HB 637 instead. When I told him that Rep. Miller’s office told me he liked HB 637 better than his own bill, he said “exactly”, that was why they would not be discussing HB 461 at all. The committee members are:
Rep. Sid Miller (chair)
Rep. Juan Garcia
Rep. Charles “Doc” Anderson
Rep. Gallego
Rep. Joe Heflin
Rep. Jimmie Don Aycock
Rep. Betty Brown
Let’s let everyone we can know about this. I was told we will be handed forms when we arrive if we wish to speak, and the time permitted to speak is 3-5 minutes.
Time and place are the same:
Tues., February 27th, 8:00 a.m.
Room E1.010
Comment Texas Goat Gal — February 23, 2007 @ 11:53 am
Done. All best wishes, Texas Goat Gal. God Bless, and keep up the good work!
Comment Goatman — February 23, 2007 @ 2:28 pm
Oh, wait a minute. I posted “comment #15″ on the TX yahoo forum just like you asked. But you posted an update already. Don’t know why I didn’t see that post as well when I got on to Walter’s site a few minutes ago.
Anyway, I’ll post your update, too.
Comment Goatman — February 23, 2007 @ 2:34 pm
Good luck Texas Goat Gal,go get ‘em.
Comment LEE — February 23, 2007 @ 9:53 pm
Goatman, thank you. I am computer-illiterate enough to not keep cookies enabled, so, therefore, no websites for me that require them. I’ll say it again - goat folks are the greatest!
Comment Texas Goat Gal — February 23, 2007 @ 10:25 pm
Thee’s very welcome.
Comment Goatman — February 24, 2007 @ 10:55 am
Reminder of ag committee hearing on HB461/HB637 tomorrow morning, Feb. 27th, at 8:00 a.m., Room E1.010.
Comment Texas Goat Gal — February 26, 2007 @ 3:44 pm
I attended the Ag.Committee hearing on the 27th. According to the committee chair, they will not vote on the “voluntary” legislation, which is a combination of HB461 and HB637, until next week. The hearing began at 8:00 a.m. and broke at 10:00 a.m. They did not reconvene until 1:00 p.m., so my husband and I left at 10:30 a.m., after we spoke. I would say there were only approximately 10 individuals there that would have been from the grassroots’ movement, plus representatives from the TSCRA, Texas Coop. Extension, etc. When we left, five independent citizens had spoken, including myself.
I managed to upset several folks there, I am sure, as they were speaking in favor of the bill and a “voluntary” NAIS, and I spoke against the bill. I spoke about two things: premises ID and “voluntary” and how it would become mandatory. I had people tell me afterwards that the representatives from the various pro-NAIS organizations would also speak against the bill, and was pretty much told that I was wrong to oppose it. Most said to me that they agreed with me on the voluntary, but as one person put it, Virginia people spoke against their “voluntary” legislation at a hearing, and now they have nothing. I asked one person why having nothing was better than having something we all know is not good. I believe if all the states pass “voluntary” legislation, it is acknowledging to the feds that they have the authority to impose NAIS on us, and, therefore, give it credibility. The others that had yet to speak after the recess, were, I am sure, all going to speak for the bill. So, I am certain that my husband and I were the only anti-NAIS folks that spoke against the bill.
I don’t like being thought of as hard-headed and obstinate, but I firmly believe “voluntary” NAIS should not be condoned.
Thank goodness there are so many more of you out there that are not willing to cave in. I don’t know how many Texans can be counted on to speak out against “voluntary”, but I haven’t met or spoken with any yet.
One committee member came up to me during the break and said he agreed with everything I said. He said this thing scared him to death. He said they would address this issue again, even next year, to make it better. He seemed very sincere, but part of my presentation was a statement about how, if the Texas legislature does not have the will to oppose a “voluntary” NAIS now, where would the will be to do anything once the feds evolve NAIS to mandatory. I really don’t think we can count on them to do anything further once they give their blessing to a “voluntary” system. Look at all the you-know-what laws we have now. Freedom never is reinstated once it is taken away.
Comment Texas Goat Gal — March 2, 2007 @ 3:55 pm
Thank you Texas Goat Gal, I read your comments #24 and agree with you about why we should not give in to a “volunteer system”, as if that’s some kind of victory.
You’re not being hard headed, you’re in your right mind…”they” reserve the right to make it mandatory because that’s what “they” plan to do…Make no mistake, voluntary won’t stay voluntary, it will morph to mandatory if we don’t stop it or refuse to enroll.
The feds ARE trying to steal our rights a bite at a time, all the while claiming to protect us…let them choke.
It’s STILL our country.
Comment Bob Constantine — March 2, 2007 @ 8:00 pm
Thanks Bob! I have some additional thoughts on the hearing Tuesday. Testimony was given (by the same person) that NAIS was unconstitutional on several fronts, but at the same time urging the passage of the bill. How can you say something is unconstitutional and also give it credibility by saying that only those that want to volunteer for this “unconstitutional” program may.
What if the federal government did not have a law (NAIS not being law), not even an unconstitutional law, but just a proposed program, that the feds could, without proving a crime, confiscate a person’s private property and entire wealth - cash included - and ensure that person lose their job, and everything they had worked their life for. Would you push to have a law passed in the individual states to say that anyone who wanted to could “volunteer” for that program? Of course not. You would want the states to condemn the program, but you would not want the states to memorialize the proposed program by passing a law that said anyone who wanted to “volunteer” could.
I’m beginning to suspect that the “voluntary” movement is well-planned, and may be doing just what the feds wanted.
I have been told that you cannot stop a voluntary program of any kind, NAIS or otherwise, and I would agree with that. If someone wants to participate in anything, unless it is unlawful, they should be able to do so. However, we do not need to pass laws stating that if you want to volunteer for anything you may.
One person at the hearing said that HB1361 was passed in anticipation of what the feds would do with NAIS - and look where that has gotten Texas. Now we are going to pass another bill, this time a “voluntary” one, again in anticipation of what may happen legislatively at the federal level.
HB1361 needs to be repealed, not amended, then we can get back to square one.
I have re-read this comment several times. I know what I am trying to say, and I hope my ramblings can be understood by others.
Comment Texas Goat Gal — March 3, 2007 @ 11:46 am
texas goat gal,you are right.we need to look at voluntary the way they they look at it. the fed said this just a few weeks ago,fill out this SURVEY voluntary,and we wont have to FINE you. voluntary pay your TAXES,and we wont have to call you in.voluntary = mandatory .the word voluntary with the feds.=with legal obligation,they seem to have voluntarily left out the out part of without.
Comment nick lecompte — March 4, 2007 @ 7:57 am
Here is the agenda for the Sept. 18th Texas Animal Health Commission meeting. I don’t see anything here that is a red flag concerning NAIS, but if anyone sees something I have missed, please let me know.
link
Since I do not have a spotless record when it comes to passing on links, I will check back and correct my mistake, if any.
Comment Texas Goat Gal — September 12, 2007 @ 10:34 am