BILL ANALYSIS C.S.H.B. 238 By: Driver 04-03-95 Committee Report (Substituted) BACKGROUND Chapter 121, Human Resources Code, includes provisions pertaining to "guide dogs" that are specially trained to assist persons with blindness in performing functions and mobility. Support dogs are trained to assist people with visual, hearing, mobility, and other impairments. However, these animals do not have the same guaranteed right to access as guide dogs. State law prohibits denying admittance to any public facility to any guide dog in training when it is accompanied by an approved trainer. Penalties for violation of Chapter 121 are low enough that some public facilities have chosen to pay the fine of $100-$300, rather than abide by the law. PURPOSE H.B. 238 would bring state law into consistency with industry practice as far as terminology, correct an inconsistency in the law pertaining to the training of assistance dogs, clarify the rights of employees who use assistance dogs and other mobility aids, and increase penalties for violating the law. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 121.002, Human Resources Code, by changing term "support dog" to "assistance dog" and adding definitions of "employer" and "harass." SECTION 2. Amends Section 121.003, Human Resources Code, in subsections (b), (c), (d) and (j) by adding blindness to handicaps and changing "support dog" to assistance dog", and making other changes as follows: (k) Changes "dog guide" to "assistance dog" and adds persons who are disabled. (l) Adds new subsection prohibiting employers from: (1) denying employment to a blind or handicapped person because of the use of a white cane, assistance dog, wheelchair, crutches, or other device to assist mobility; (2) restricting or interfering with a person's use of an assistance dog; or (3) refusing to allow the person to keep the assistance dog nearby at all times. (m) Adds new subsection prohibiting the actual or attempted assault, harassment, or injury of an assistance dog. SECTION 3. Amends Section 121.004(a), Human Resources Code, by increasing the penalty for violation of Section 121.003 from a fine of between $100-300 to a fine of not less than $300 or more than $1,000. SECTION 4. Effective September 1, 1995. Changes in law apply only to denial of admission or offenses occurring on or after effective date. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill amended Section 121.003(k), Human Resources Code, to permit any support dog in training, rather than only dog guides in training, to have access to a public facility when accompanied by a trainer. The substitute retains this provision, but adds several new provisions that change the term "support dog" to "assistance dog" throughout the law; prohibit the denial of employment to a person because the person uses an assistance dog, white cane, wheelchair, or crutches; prohibit an employer from refusing to allow an employee to bring an assistance dog to work; prohibit harassment, injury or assault of an assistance dog; and increase penalties for violations of this law. SUMMARY OF COMMITTEE ACTION H.B. 238 was considered by the Human Services Committee in a public hearing on March 20, 1995. A committee substitute for the bill was offered. The following people testified in favor of the bill: Sheri Henderson, Austin, Jeanne M. Ruder, Austin, Karen Mappin, Austin, Audley Blackburn, Austin, George Brenner, Houston. Pat Westbrook, Texas Comm'n for the Blind testified as neutral on the bill. No one testified against H.B. 238. The substitute was withdrawn and H.B. 238 was left pending. H.B. 238 taken up in a public hearing on April 3, 1995. The committee considered a substitute for H.B. 238. Rep. Krusee offered Committee Amendment No. 1 which was adopted without objection. The amended committee substitute was adopted without objection. Rep. Krusee moved to report H.B. 238 favorably as substituted; the motion prevailed by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent. The text of the amendment was incorporated into the committee substitute.