1-1 By: Driver, Naishtat (Senate Sponsor - Barrientos) H.B. No. 238
1-2 (In the Senate - Received from the House April 28, 1995;
1-3 May 1, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 10, 1995, reported favorably, as amended,
1-5 by the following vote: Yeas 8, Nays 0; May 10, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-8 Amend H.B. 238 as follows:
1-9 In SECTION 1 of the bill, Section 121.002, Human Resources
1-10 Code, strike proposed Subsection (6), and renumber subsequent
1-11 subsections accordingly.
1-12 In SECTION 2 of the bill, Section 121.003, Human Resources
1-13 Code, strike proposed Subsection (l), and renumber subsequent
1-14 subsections accordingly.
1-15 COMMITTEE AMENDMENT NO. 2 By: Nixon
1-16 Amend SECTION 2 of HB 238, Section 121.003, Human Resources Code,
1-17 as follows:
1-18 In Proposed Subsection (m) of Chapter 121.003, Human
1-19 Resources Code, after the word "harass," insert "interfere with,".
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the use of assistance dogs for persons with
1-23 disabilities; providing an offense.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 121.002, Human Resources Code, is amended
1-26 by amending Subdivision (2) and adding Subdivisions (6) and (7) to
1-27 read as follows:
1-28 (2) "Assistance dog" <"Support dog"> means a dog that
1-29 is specially trained or equipped to help a blind or handicapped
1-30 person, and that:
1-31 (A) is used by a blind or handicapped person who
1-32 has satisfactorily completed a specific course of training in the
1-33 use of the dog; and
1-34 (B) has been trained by an organization
1-35 generally recognized by agencies involved in the rehabilitation of
1-36 the blind or handicapped as reputable and competent to provide dogs
1-37 with training of this type.
1-38 (6) "Employer" means:
1-39 (A) a person, firm, association, or corporation;
1-40 (B) a state agency, commission, department, or
1-41 institution, a political subdivision of this state, or a school
1-42 district; or
1-43 (C) a business supported in whole or in part by
1-44 public funds and employing one or more persons on a full- or
1-45 part-time, permanent or temporary basis.
1-46 (7) "Harass" means any conduct that:
1-47 (A) is directed at an assistance dog that
1-48 impedes or interferes with, or is intended to impede or interfere
1-49 with, the dog's performance of its duties; or
1-50 (B) places a blind or handicapped person who is
1-51 using an assistance dog, or a trainer who is training an assistance
1-52 dog, in danger of injury.
1-53 SECTION 2. Section 121.003, Human Resources Code, is amended
1-54 by amending Subsections (b), (c), (d), (j), and (k) and adding
1-55 Subsections (l) and (m) to read as follows:
1-56 (b) No common carrier, airplane, railroad train, motor bus,
1-57 streetcar, boat, or other public conveyance or mode of
1-58 transportation operating within the state may refuse to accept as a
1-59 passenger a person who is blind or physically handicapped solely
1-60 because of the person's blindness or handicap, nor may a blind or
1-61 handicapped person be required to pay an additional fare because of
1-62 his or her use of an assistance <a support> dog, wheelchair,
1-63 crutches, or other device used to assist the blind or handicapped
1-64 person in travel.
1-65 (c) No person who is blind or physically handicapped may be
1-66 denied admittance to any public facility in the state because of
1-67 the blind or handicapped person's use of a white cane, assistance
1-68 <support> dog, wheelchair, crutches, or other device of assistance
2-1 in mobility, or because the person is blind or handicapped.
2-2 (d) The discrimination prohibited by this section includes
2-3 discrimination through an open and obvious refusal to allow a blind
2-4 or handicapped person to use or be admitted to any public facility,
2-5 as well as discrimination based on a ruse or subterfuge calculated
2-6 to prevent or discourage a blind or handicapped person from using
2-7 or being admitted to a public facility. Regulations relating to
2-8 the use of public facilities by any designated class of persons
2-9 from the general public may not prohibit the use of particular
2-10 public facilities by blind or handicapped persons who, except for
2-11 their blindness or handicaps or use of assistance <support> dogs or
2-12 other devices for assistance in travel, would fall within the
2-13 designated class. Lists containing the names of persons who desire
2-14 to use particular public facilities may not be composed or
2-15 manipulated so as to deny a blind or handicapped person a fair and
2-16 equal opportunity to use or be admitted to any public facility.
2-17 (j) A totally or partially blind or handicapped person who
2-18 has or obtains an assistance <a support> dog is entitled to full
2-19 and equal access to all housing accommodations provided for in this
2-20 section, and may not be required to pay extra compensation for the
2-21 dog but is liable for damages done to the premises by the dog.
2-22 (k) An assistance <A> dog <guide> in training shall not be
2-23 denied admittance to any public facility when accompanied by an
2-24 approved trainer who is an agent of an organization generally
2-25 recognized by agencies involved in the rehabilitation of persons
2-26 who are <the> blind or disabled as reputable and competent to
2-27 provide training for assistance <of such> dogs, and/or their blind
2-28 handlers.
2-29 (l) An employer may not:
2-30 (1) deny employment to a blind or handicapped person
2-31 because of the blind or handicapped person's use of a white cane,
2-32 assistance dog, wheelchair, crutches, or other device that assists
2-33 a person's mobility;
2-34 (2) restrict or interfere, directly or indirectly, in
2-35 any way with a blind or handicapped person's use of an assistance
2-36 dog; or
2-37 (3) refuse to allow a blind or handicapped person to
2-38 keep an assistance dog with the person at all times at the place of
2-39 employment.
2-40 (m) A person may not assault, harass, or injure in any way,
2-41 or attempt to assault, harass, or injure in any way, an assistance
2-42 dog.
2-43 SECTION 3. Section 121.004(a), Human Resources Code, is
2-44 amended to read as follows:
2-45 (a) A person, firm, association, corporation, or other
2-46 organization, or the agent of a person, firm, association,
2-47 corporation, or other organization who violates a provision of
2-48 Section 121.003 commits an offense. An offense under this
2-49 subsection is a misdemeanor punishable by a fine of not less than
2-50 $300 or more than $1,000 <of this chapter is guilty of a
2-51 misdemeanor and on conviction shall be punished by a fine of not
2-52 less than $100 nor more than $300>.
2-53 SECTION 4. (a) This Act takes effect September 1, 1995.
2-54 (b) The change in law made by Section 121.003(k), Human
2-55 Resources Code, as amended by this Act, applies only to the denial
2-56 of admission of an assistance dog to a public facility on or after
2-57 that date. The denial of admission of an assistance dog to a
2-58 public facility before September 1, 1995, is governed by the law as
2-59 it existed immediately before the effective date of this Act, and
2-60 that law is continued in effect for that purpose.
2-61 (c) The change in law made by this Act applies only to an
2-62 offense committed on or after the effective date of this Act. For
2-63 purposes of this section, an offense is committed before the
2-64 effective date of this Act if any element of the offense occurs
2-65 before that date.
2-66 (d) An offense committed before the effective date of this
2-67 Act is covered by the law in effect when the offense was committed,
2-68 and the former law is continued in effect for that purpose.
2-69 SECTION 5. The importance of this legislation and the
2-70 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
3-4 * * * * *