HB 461 has been set for a hearing in front of the House Committee on Agriculture! 

WHEN: Tuesday, February 27, 8 am

WHERE: Capitol Extension, Room E1.010.  Maps of the Capitol are at http://www.tspb.state.tx.us/SPB/Plan/FloorPlan/FlorPlan.htm

BACKGROUND: Because of the bill that was passed in 2005, the Texas Animal Health Commission currently has the authority to make NAIS mandatory at any time. To repeal the ability to make NAIS mandatory, HB 461 was filed by Representative Sid Miller, Chairman of the House Agriculture Committee. The original filed version limits the TAHC's authority to a voluntary program and gets rid of the civil and criminal penalties for not participating in NAIS. It does not include protections against coercive or misleading methods being used in a voluntary program. We have been told that Chairman Miller will be introducing a committee substitute version that will include provisions similar to HB 637: (1) full disclosure; (2) the right to withdraw, and (3) a non-discrimination clause.  In other words, the committee substitute version of HB 461 would prevent any person or government agency from manipulating people to sign up for NAIS using misinformation. It would also not allow anyone to require you to be in NAIS in order to go to a sales barn, be in 4-H, go to a show, etc. 

We do not yet have a copy of the committee substitute bill, so please stay tuned!  Until we have seen the committee substitute version of HB 461, we cannot be sure if it really addresses these issues.  As soon as we get a copy of the new bill, we will post it at http://farmandranchfreedom.org/content/texas-status.  You can also monitor the bill at http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB461

Talking points and a sample letter are included at the end of this alert. Remember that the bills can be amended, so if you want to see changes or additional protections, mention that in your testimony, call, or letter. 

WHAT TO DO:  Come to the hearing to support the committee substitute version of HB 461. You can come and testify, or just come and fill out a sheet stating that you support the bill. Be sure to read the committee substitute before the hearing, to make sure that it includes the provisions we need to protect against coercive or misleading voluntary programs. If you plan to testify, please plan to keep it to no more than 3 minutes. Be polite, concise, and focus on just one or two of the main reasons you are against NAIS. 

ALTERNATIVE: If you cannot come to the Committee hearing on Tuesday, please call or email the members of the Committee (if you have not done so already). Focus on the members who have not yet signed on to HB 461 or HB 637: Representatives Brown, Garcia, and Heflin. The Committee members who have signed on to one of the bills (Representatives Miller, Anderson, Aycock, and Gallego) do not need as much convincing, but it would be good to send them an email thanking them for their support. Until we see the committee substitute, it's important to be absolutely clear that you want to see all of the protections from HB 637 included: (1) full disclosure; (2) right to withdraw; and (3) no discrimination against people who do not participate in NAIS.  Again, be polite and concise in all your communications with the legislators or staffers.

PLEASE, contact your state representative and senator as well!! If you are not sure who your legislators are, go to http://www.fyi.legis.state.tx.us/  The House Committee is just the first step - if we succeed in Committee, the bill will have to be voted on by the full House, and then it will go to the Senate. So we need all of the Representatives and Senators to be informed on this issue!

Visit our website, www.farmandranchfreedom.org, for more information about NAIS, including materials you can use when talking to your legislators. If you have any questions, feel free to contact us at info@farmandranchfreedom.org or 866-687-6452.

Contact information for the Committee

Rep. Betty Brown: (512) 463-0458, http://www.house.state.tx.us/members/email.php?dist=4&rep=betty.brown
Rep. Juan M. Garcia: (512) 463-0672, http://www.house.state.tx.us/members/email.php?dist=32&rep=juan.garcia
Rep. Joe Heflin: (512) 463-0604, http://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: These Representatives probably don't need more convincing, but it would be good to tell them "Thank you."

Chair: Rep. Sid Miller: (512) 463-0628, http://www.house.state.tx.us/members/email.php?dist=59&rep=sid.miller
Vice Chair: Rep. Charles "Doc" Anderson: (512) 463-0135, http://www.house.state.tx.us/members/email.php?dist=56&rep=charles.anderson
Rep. Jimmie Don Aycock: (512) 463-0684, http://www.house.state.tx.us/members/email.php?dist=54&rep=jimmie.aycock
Rep. Pete Gallego: (512) 463-0566, http://www.house.state.tx.us/members/email.php?dist=74&rep=pete.gallego

Talking Points For Calls or Testimony

* NAIS will hurt Texas' economy:
   o  There has been no cost analysis by USDA or Texas Animal Health Commission (TAHC)
   o  Costs of the program include the cost of the tags, hardware, software, time and labor
   o  Many small farmer and ranchers cannot afford these costs
   o  Service providers (veterinarians, feed stores, auction houses, meat processors, etc.) will be harmed when the farmers and ranchers go out of business.
   o  Remaining farmers will pass the costs on to consumers, lowering demand for local foods

* Neither the USDA nor the TAHC has scientific proof show that NAIS will improve disease control:
   o  It does not address the cause, treatment, or transmission of disease, in domestic or wild animals.
   o  It does not significantly improve on current methods for identification and tracking of disease. 

* NAIS is not necessary for the market.  Age- and source-verification is already available through the USDA's Process Verified Program

*  NAIS will not improve food safety
   o  USDA itself has stated that this is not a food safety program
   o  Contamination of food with e. coli and other bacteria occurs at the slaughterhouse or afterwards, while NAIS will stop before that point.

* NAIS will not protect against terrorism.
   o  The microchips chosen by the state can be cloned, destroyed, or infected with computer viruses, and reprogrammed. Any terrorist or thief can use this.
   o  The database of information, created by TAHC and available to USDA, will provide a target for hackers.

* NAIS infringes on people's constitutional rights, including due process, privacy, and religious freedom. 

* USDA states that NAIS is voluntary at the federal level, so there is no "federal mandate" requiring Texas to implement this program

* Other states are also rejecting or limiting NAIS, so Texas will not be disadvantaged by refusing to participate.

Sample Letter

Dear Representative (or Senator) _______:
 
I am a _________ (small farmer, consumer of local foods, horse owner, taxpayer. Tell them a little bit about yourself and why you care about this issue). I ask that you support the committee substitute version of HB 461, which would limit the National Animal Identification System (NAIS) to a truly voluntary program in Texas.  The substitute version should include provisions for: (1) full disclosure; (2) right to withdraw; and (3) no discrimination against people who do not participate in NAIS. 
 
I am opposed to NAIS because it will impose heavy burdens on our rights and our economy, without providing any real benefits. NAIS is an unprecedented expansion of the government bureaucracy into people's private lives and infringes on our property rights. Neither the US Department of Agriculture nor the Texas Animal Health Commission (TAHC) has provided any scientific basis for the claims of improved disease control. Neither agency has done a cost-benefit analysis of the program, either. There are many more effective, less expensive, and less intrusive methods for improving animal health and addressing animal disease.
 
NAIS will drive many small and medium-size farmers and ranchers out of business and discourage people from owning horses and other livestock as pets, resulting in far-reaching effects on our economy. The only winners in this program are the microchip manufacturers, the associations that will manage the databases, and the government employees. If the federal government ultimately decides to implement NAIS, it can do so - our state should not.
 
Please support the committee substitute version of HB 461 when it comes before your Committee, providing that it includes the following important safeguards: (1) full disclosure before enrolling, (2) the right to withdraw from the program, and (3) a bar on conditioning any services or benefits on participation in NAIS. This bill is critical to protecting the rights of Texans, the health of our animals, and the health of our economy.
 
Thank you for your attention to this issue.
Name
Street Address
City, State Zip
Email, if you have it
 
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And don't forget about the March 2 rally!
 
Sincerely,
 

Judith McGeary
Farm and Ranch Freedom Alliance