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.