By: Harris, et al. (Senate Sponsor - Whitmire) H.B. No. 1071
         (In the Senate - Received from the House April 12, 2021;
  April 14, 2021, read first time and referred to Committee on
  Criminal Justice; May 6, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  May 6, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1071 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the presence of a qualified facility dog in certain
  court proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 21, Government Code, is amended by
  adding Section 21.012 to read as follows:
         Sec. 21.012.  PRESENCE OF QUALIFIED FACILITY DOG IN COURT
  PROCEEDING. (a) In this section, "qualified facility dog" means a
  dog that is a graduate of a program operated by an assistance dog
  organization that is a member of a nationally recognized assistance
  dog association.
         (b)  Any party to an action filed in a court in this state in
  which a proceeding related to the action will be held may petition
  the court for an order authorizing a qualified facility dog to be
  present with a witness who is testifying before the court through:
               (1)  in-person testimony; or
               (2)  closed-circuit video teleconferencing testimony.
         (c)  The court may enter an order authorizing a qualified
  facility dog to accompany a witness testifying at the court
  proceeding if:
               (1)  the presence of the dog will assist the witness in
  providing testimony; and
               (2)  the party petitioning for the order provides proof
  of liability insurance coverage in effect for the dog.
         (d)  A handler who is trained to manage the qualified
  facility dog must accompany the dog provided for a witness at a
  court proceeding.
         (e)  A party to the action must petition the court for an
  order under Subsection (b) not later than the 14th day before the
  date of the court proceeding.
         (f)  A court may:
               (1)  impose restrictions on the presence of the
  qualified facility dog during the court proceeding; and
               (2)  issue instructions to the jury, as applicable,
  regarding the presence of the dog.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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