BILL ANALYSIS


                                                         H.B. 238
                                             By: Driver (Sponsor)
                                        Health and Human Services
                                                          5-11-95
                                Senate Committee Report (Amended)
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.  Support dogs, however, 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, however, are low
enough that some public facilities have chosen to pay the fine
rather than abide by the law.

PURPOSE

As proposed, H.B. 238 replaces the term "support dog" with the term
"assistance dog," clarifies the rights of employees who use
assistance dogs and other mobility aids, and increases penalties
for violating relevant laws.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 121.002, Human Resources Code, by
amending Subdivision (2), and adding Subdivision (6), as follows:

     (2) Defines "assistance dog," rather than "support dog," to
     mean a dog that is specially trained to help a blind or
     handicapped person.  Makes conforming changes.
     
     (6) Defines "harass."
     
     SECTION 2.     Amends Section 121.003, Human Resources Code, by
amending Subsections (b)-(d), (j), and (k), and adding Subsections
(l) and (m), as follows:

     (b)-(d), (j), and (k) Make conforming changes.
     
     (l) Prohibits a person from assaulting, harassing, interfering
     with, or injuring in any way, or from attempting such action
     against an assistance dog.
     
     SECTION 3.     Amends Section 121.004(a), Human Resources Code, to
declare that a person, firm, association, corporation, or other
organization, that violates a provision of Section 121.003 commits
a misdemeanor punishable by a fine of not less than $300, rather
than $100, or more than $1,000, rather than $300.

SECTION 4. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 5. Emergency clause.