24/04/2025
This is the 11th anniversary of Harvey’s death. In memory of him, I want to post about HB 285, one of the worst bills I have ever seen, which is now moving forward in the Texas legislature. This bill started off to hold groomers and people boarding animals liable when they harm or kill those animals. It adds (b) A person commits an offense if the person intentionally, knowingly, [or] recklessly, or with "criminal negligence": What is criminal negligence? It’s knowing and willful intent. Clearly, this language will cause confusion.
The Texas Veterinary Medical Association (TVMA), the lobbyists for veterinarians added the following language to HB 285: “(d-1) It is a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a veterinarian licensed under Chapter 801, Occupations Code, or as a person assisting the veterinarian.”
If passed, HB 285 is yet another avenue for veterinarians to escape liability for harming their patients. Defense attorneys for veterinarians, if they are ever charged with animal cruelty in future once HB 285 passes, would certainly seek criminal negligence in order to free their guilty clients.
Also exempt from criminal negligence by HB 285 is anyone assisting veterinarians which could include every employee in a clinic as well as those employees who are groomers and working with boarded animals.
Everyone knows the case of Allie, the horse tortured with a cattle prod by former veterinarian professor Ashlee Watts, who was convicted of animal cruelty. While HB 285 applies only to non-livestock animals, if it passes it won’t be long before the TVMA pushes through a similar bill for livestock animals. Look online for all the pages posted by grieving pet owners. Listen to the last TBVME board meeting (public comments are near the beginning). Read the stories on Joey’s Legacy. Veterinary malpractice and negligence happens and those victims also deserve justice for animal cruelty.
Since the TVMA controlled TBVME does very little to discipline even the worst of veterinarians, criminal law may be the only way to protect the public and their pets from abusive veterinarians. HB 285 would effectively remove even that option.
“The bill would furthermore add a defense to prosecution for veterinarians and their assistants if the conduct occurs while discharging their duties.” (Criminal Justice Impact Statement for HB 285 (link: https://capitol.texas.gov/tlodocs/89R/impactstmts/html/HB00285IB.htm)
If veterinarians and clinic employees engage in animal cruelty that harms or kills a beloved pet, all they have to say is they were doing their veterinary duty, and they are free of criminal negligence charges.
Because HB 285 is being pushed by a powerful lobby, I am afraid it will pass.
In memory of my beloved Harvey. I still miss you with every breath I take.