H.B. No. 238
1-1 AN ACT
1-2 relating to the use of assistance dogs for persons with
1-3 disabilities; providing an offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 121.002, Human Resources Code, is amended
1-6 by amending Subdivision (2) and adding Subdivision (6) to read as
1-7 follows:
1-8 (2) "Assistance dog" <"Support dog"> means a dog that
1-9 is specially trained or equipped to help a blind or handicapped
1-10 person, and that:
1-11 (A) is used by a blind or handicapped person who
1-12 has satisfactorily completed a specific course of training in the
1-13 use of the dog; and
1-14 (B) has been trained by an organization
1-15 generally recognized by agencies involved in the rehabilitation of
1-16 the blind or handicapped as reputable and competent to provide dogs
1-17 with training of this type.
1-18 (6) "Harass" means any conduct that:
1-19 (A) is directed at an assistance dog that
1-20 impedes or interferes with, or is intended to impede or interfere
1-21 with, the dog's performance of its duties; or
1-22 (B) places a blind or handicapped person who is
1-23 using an assistance dog, or a trainer who is training an assistance
1-24 dog, in danger of injury.
2-1 SECTION 2. Section 121.003, Human Resources Code, is amended
2-2 by amending Subsections (b), (c), (d), (j), and (k) and adding
2-3 Subsection (l) to read as follows:
2-4 (b) No common carrier, airplane, railroad train, motor bus,
2-5 streetcar, boat, or other public conveyance or mode of
2-6 transportation operating within the state may refuse to accept as a
2-7 passenger a person who is blind or physically handicapped solely
2-8 because of the person's blindness or handicap, nor may a blind or
2-9 handicapped person be required to pay an additional fare because of
2-10 his or her use of an assistance <a support> dog, wheelchair,
2-11 crutches, or other device used to assist the blind or handicapped
2-12 person in travel.
2-13 (c) No person who is blind or physically handicapped may be
2-14 denied admittance to any public facility in the state because of
2-15 the blind or handicapped person's use of a white cane, assistance
2-16 <support> dog, wheelchair, crutches, or other device of assistance
2-17 in mobility, or because the person is blind or handicapped.
2-18 (d) The discrimination prohibited by this section includes
2-19 discrimination through an open and obvious refusal to allow a blind
2-20 or handicapped person to use or be admitted to any public facility,
2-21 as well as discrimination based on a ruse or subterfuge calculated
2-22 to prevent or discourage a blind or handicapped person from using
2-23 or being admitted to a public facility. Regulations relating to
2-24 the use of public facilities by any designated class of persons
2-25 from the general public may not prohibit the use of particular
2-26 public facilities by blind or handicapped persons who, except for
2-27 their blindness or handicaps or use of assistance <support> dogs or
3-1 other devices for assistance in travel, would fall within the
3-2 designated class. Lists containing the names of persons who desire
3-3 to use particular public facilities may not be composed or
3-4 manipulated so as to deny a blind or handicapped person a fair and
3-5 equal opportunity to use or be admitted to any public facility.
3-6 (j) A totally or partially blind or handicapped person who
3-7 has or obtains an assistance <a support> dog is entitled to full
3-8 and equal access to all housing accommodations provided for in this
3-9 section, and may not be required to pay extra compensation for the
3-10 dog but is liable for damages done to the premises by the dog.
3-11 (k) An assistance <A> dog <guide> in training shall not be
3-12 denied admittance to any public facility when accompanied by an
3-13 approved trainer who is an agent of an organization generally
3-14 recognized by agencies involved in the rehabilitation of persons
3-15 who are <the> blind or disabled as reputable and competent to
3-16 provide training for assistance <of such> dogs, and/or their blind
3-17 handlers.
3-18 (l) A person may not assault, harass, interfere with, or
3-19 injure in any way, or attempt to assault, harass, interfere with,
3-20 or injure in any way, an assistance dog.
3-21 SECTION 3. Section 121.004(a), Human Resources Code, is
3-22 amended to read as follows:
3-23 (a) A person, firm, association, corporation, or other
3-24 organization, or the agent of a person, firm, association,
3-25 corporation, or other organization who violates a provision of
3-26 Section 121.003 commits an offense. An offense under this
3-27 subsection is a misdemeanor punishable by a fine of not less than
4-1 $300 or more than $1,000 <of this chapter is guilty of a
4-2 misdemeanor and on conviction shall be punished by a fine of not
4-3 less than $100 nor more than $300>.
4-4 SECTION 4. (a) This Act takes effect September 1, 1995.
4-5 (b) The change in law made by Section 121.003(k), Human
4-6 Resources Code, as amended by this Act, applies only to the denial
4-7 of admission of an assistance dog to a public facility on or after
4-8 that date. The denial of admission of an assistance dog to a
4-9 public facility before September 1, 1995, is governed by the law as
4-10 it existed immediately before the effective date of this Act, and
4-11 that law is continued in effect for that purpose.
4-12 (c) The change in law made by this Act applies only to an
4-13 offense committed on or after the effective date of this Act. For
4-14 purposes of this section, an offense is committed before the
4-15 effective date of this Act if any element of the offense occurs
4-16 before that date.
4-17 (d) An offense committed before the effective date of this
4-18 Act is covered by the law in effect when the offense was committed,
4-19 and the former law is continued in effect for that purpose.
4-20 SECTION 5. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.