By Naishtat                                           H.B. No. 2525

         75R12049 SAW-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the rights and responsibilities of persons with

 1-3     disabilities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The heading of Title 8, Human Resources Code, is

 1-6     amended to read as follows:

 1-7                    TITLE 8.  RIGHTS AND RESPONSIBILITIES

 1-8               OF PERSONS WITH DISABILITIES [THE HANDICAPPED]

 1-9           SECTION 2.  Section 121.001, Human Resources Code, is amended

1-10     to read as follows:

1-11           Sec. 121.001.  STATE POLICY.  The policy of the state is to

1-12     encourage and enable [physically handicapped] persons with

1-13     disabilities to participate fully in the social and economic life

1-14     of the state, to  achieve maximum personal independence, to become

1-15     gainfully employed, and to otherwise fully enjoy and use all public

1-16     facilities available within the state.

1-17           SECTION 3.  Section 121.002, Human Resources Code, is amended

1-18     to read as follows:

1-19           Sec. 121.002.  DEFINITIONS.  In this chapter:

1-20                 (1)  ["White cane" means a cane or walking stick which

1-21     is metallic or white in color or white tipped with some contrasting

1-22     color, and which is carried by a blind person to assist the blind

1-23     person in traveling from place to place.]

1-24                 [(2)]  "Assistance animal [dog]" means an animal [a

 2-1     dog] that is specially trained or equipped to help a [blind or

 2-2     handicapped] person with a disability[,] and that:

 2-3                       (A)  is used by a [blind or handicapped] person

 2-4     with a disability who has satisfactorily completed a specific

 2-5     course of training in the  use of the animal [dog]; and

 2-6                       (B)  has been trained by an organization

 2-7     generally recognized by agencies involved in the rehabilitation of

 2-8     persons with disabilities [the blind or handicapped] as reputable

 2-9     and competent to  provide animals [dogs] with training of this

2-10     type.

2-11                 (2) [(3)  "Public facilities" includes streets,

2-12     highways, sidewalks, walkways, all  common carriers, airplanes,

2-13     motor vehicles, railroad trains, motor buses, streetcars, boats, or

2-14     any other public conveyances or modes of transportation, hotels,

2-15     motels, or other places of lodging, public buildings maintained by

2-16     any unit or subdivision of government, buildings to which the

2-17     general public is invited, college dormitories and other

2-18     educational facilities, restaurants or other places where food is

2-19     offered for sale to the public, and all other places of public

2-20     accommodation, amusement, convenience, or resort to which the

2-21     general public or any classification of persons from the general

2-22     public is regularly, normally, or customarily invited.]

2-23                 [(4)  "Handicapped person" means a person who has a

2-24     mental or physical handicap, including mental retardation, hardness

2-25     of hearing, deafness, speech impairment, visual handicap, being

2-26     crippled, or any other health impairment which requires special

2-27     ambulatory devices or services.]

 3-1                 [(5)  "Housing accommodations" means all or part of

 3-2     real property which is used or occupied or is intended, arranged,

 3-3     or designed to be used or occupied as the home, residence, or

 3-4     sleeping place of one or more human beings, except a single family

 3-5     residence whose occupants rent, lease, or furnish for compensation

 3-6     only one room.]

 3-7                 [(6)]  "Harass" means any conduct that:

 3-8                       (A)  is directed at an assistance animal [dog]

 3-9     that impedes or interferes with, or is intended to impede or

3-10     interfere with, the animal's [dog's] performance of its duties;  or

3-11                       (B)  places a [blind or handicapped] person with

3-12     a disability who is using an assistance animal [dog], or a trainer

3-13     who is training  an assistance animal [dog], in danger of injury.

3-14                 (3)  "Housing accommodations" means all or part of real

3-15     property that is used or occupied or is intended, arranged, or

3-16     designed to be used or occupied as the home, residence, or sleeping

3-17     place of one or more human beings, except a single-family residence

3-18     whose occupants rent, lease, or furnish for compensation only one

3-19     room.

3-20                 (4)  "Person with a disability" means a person who has

3-21     a mental or physical disability, including mental retardation,

3-22     hearing impairment, deafness, speech impairment, visual impairment,

3-23     a disease that is contagious or not contagious, or any health

3-24     impairment that requires special ambulatory devices or services.

3-25                 (5)  "Public facilities" includes a street, highway,

3-26     sidewalk, walkway, common carrier, airplane, motor vehicle,

3-27     railroad train, motor bus, streetcar, boat, or any other public

 4-1     conveyance or mode of transportation; a hotel, motel, or other

 4-2     place of lodging; a public building maintained by any unit or

 4-3     subdivision of government; a building to which the general public

 4-4     is invited; a college dormitory or other educational facility; a

 4-5     restaurant or other place where food is offered for sale to the

 4-6     public; and any other place of public accommodation, amusement,

 4-7     convenience, or resort to which the general public or any

 4-8     classification of persons from the general public is regularly,

 4-9     normally, or customarily invited.

4-10                 (6)  "White cane" means a cane or walking stick that is

4-11     metallic or white in color, or white tipped with a contrasting

4-12     color, and that is carried by a blind person to assist the blind

4-13     person in traveling from place to place.

4-14           SECTION 4.  Section 121.003, Human Resources Code, is amended

4-15     to read as follows:

4-16           Sec.  121.003.  DISCRIMINATION PROHIBITED.  (a)  Persons with

4-17     disabilities [Subject only to limitations and conditions

4-18     established by law and applicable alike to all persons, persons who

4-19     are physically handicapped] have the same right as the able-bodied

4-20     to the full use and enjoyment of any public facility in the state.

4-21           (b)  No common carrier, airplane, railroad train, motor bus,

4-22     streetcar, boat, or other public conveyance or mode of

4-23     transportation operating within the state may refuse to accept as a

4-24     passenger a person with a disability [who is blind or physically

4-25     handicapped] solely because of the person's disability [blindness

4-26     or  handicap], nor may a [blind or handicapped] person with a

4-27     disability be required to pay an additional fare because of his or

 5-1     her use of an assistance animal [dog], wheelchair, crutches, or

 5-2     other device used to assist a [the blind or handicapped] person

 5-3     with a disability in travel.

 5-4           (c)  No person with a disability [who is blind or physically

 5-5     handicapped] may be denied admittance to any public facility in the

 5-6     state because of the [blind or handicapped] person's disability.

 5-7     No person with a disability may be denied the use of a white cane,

 5-8     assistance animal [dog], wheelchair, crutches, or other device of

 5-9     assistance [in mobility, or because the person is blind or

5-10     handicapped].

5-11           (d)  The discrimination prohibited by this section includes a

5-12     [discrimination through an open and obvious] refusal to allow a

5-13     [blind or handicapped] person with a disability to use or be

5-14     admitted to any public facility, [as well as discrimination based

5-15     on] a ruse or subterfuge calculated to prevent or discourage a

5-16     [blind or handicapped] person with a disability from using or being

5-17     admitted to a public facility, and a failure to:

5-18                 (1)  comply with Article 9102, Revised Statutes;

5-19                 (2)  make reasonable accommodations in policies,

5-20     practices, and procedures; or

5-21                 (3)  provide auxiliary aids and services necessary to

5-22     allow the full  use and enjoyment of the public facility.

5-23           (e)  Regulations relating to the use of public facilities by

5-24     any designated class of persons from the general public may not

5-25     prohibit the use of particular public facilities by [blind or

5-26     handicapped] persons with disabilities who, except for their

5-27     disabilities [blindness or handicaps] or use of assistance animals

 6-1     [dogs] or other devices for assistance in travel, would fall within

 6-2     the designated class.  [Lists containing the names of persons who

 6-3     desire to use particular public facilities may not be composed or

 6-4     manipulated so as to deny a blind or handicapped person a fair and

 6-5     equal opportunity to use or be admitted to any public  facility.]

 6-6           [(e)  This section does not limit the right of the owner or

 6-7     manager of a public facility to refuse to admit, to refuse to

 6-8     serve, or to evict from a public facility a person who is so

 6-9     unkempt as to be clearly offensive to others using the public

6-10     facility, who is obviously intoxicated, or who conducts himself in

6-11     a belligerent, boisterous, profane, or other offensive manner which

6-12     unreasonably interferes with the right of other persons to use and

6-13     enjoy the public facility.]

6-14           (f) [(g)]  It is the policy of the state that persons with

6-15     disabilities [the blind, the visually handicapped and the otherwise

6-16     physically disabled]  be employed by the state, by political

6-17     subdivisions of the state, in the public schools, and in all other

6-18     employment supported in whole or in part by public funds on the

6-19     same terms and conditions as persons without disabilities [the

6-20     able-bodied], unless it is shown that there is no reasonable

6-21     accommodation that would enable a person with a disability to

6-22     perform the essential elements of a job [the particular disability

6-23     prevents the performance of the work involved].

6-24           (g)  Persons with disabilities [(h)  The blind, the visually

6-25     handicapped, and the otherwise physically disabled] shall be

6-26     entitled to full and equal access, as other members of the general

6-27     public, to all housing accommodations offered for rent, lease, or

 7-1     compensation in this state, subject to the conditions and

 7-2     limitations established by law and applicable alike to all persons.

 7-3           [(i)  Nothing in this section shall require any person

 7-4     renting, leasing, or providing for compensation real property to

 7-5     modify his or her property in any way or provide a higher degree of

 7-6     care for a blind person, visually handicapped person, or otherwise

 7-7     physically disabled person than for a person who is not physically

 7-8     disabled.]

 7-9           (h) [(j)]  A person with a total [totally] or partial

7-10     disability [partially blind or handicapped person] who has or

7-11     obtains an  assistance animal [dog] is entitled to full and equal

7-12     access to all housing accommodations provided for in this section,

7-13     and may not be required to pay extra compensation for the animal

7-14     [dog] but is liable for damages done to the premises by the animal

7-15     [dog].

7-16           (i) [(k)]  An assistance animal [dog] in training shall not

7-17     be denied admittance to any public facility when accompanied by an

7-18     approved trainer who is an agent of an organization generally

7-19     recognized by agencies involved in the rehabilitation of persons

7-20     who are [blind or] disabled as reputable and competent to provide

7-21     training for assistance animals [dogs], and/or their blind

7-22     handlers.

7-23           (j) [(l)]  A person may not assault, harass, interfere with,

7-24     or injure in any way, or attempt to assault, harass, interfere

7-25     with, or injure in any way, an assistance animal [dog].

7-26           SECTION 5.  Section 121.004(b), Human Resources Code, is

7-27     amended to read as follows:            

 8-1           (b)  In addition to the penalty provided in Subsection (a) of

 8-2     this section, a person, firm, association, corporation, or other

 8-3     organization, or the agent of a person, firm, association,

 8-4     corporation, or other organization, who violates the provisions of

 8-5     Section 121.003 of this chapter is deemed to have deprived a

 8-6     [handicapped] person with a disability of his or her civil

 8-7     liberties.  The [handicapped] person with a disability deprived of

 8-8     his or her civil liberties may maintain a cause of action for

 8-9     damages in a court of competent jurisdiction, and there is a

8-10     conclusive presumption of damages in the amount of at least $100 to

8-11     the [handicapped] person with a disability.

8-12           SECTION 6.  Section 121.005, Human Resources Code, is amended

8-13     to read as follows:

8-14           Sec. 121.005.  RESPONSIBILITIES OF [HANDICAPPED] PERSONS WITH

8-15     DISABILITIES.  (a) A [blind, deaf, or otherwise handicapped] person

8-16     with a  disability who uses an assistance animal [a support dog]

8-17     for assistance in travel is liable for any damages done to the

8-18     premises or facilities by the animal [dog].

8-19           (b)  A [blind, deaf, or otherwise handicapped] person with a

8-20     disability who uses an assistance animal [a support dog] for

8-21     assistance  in travel or auditory awareness shall keep the animal

8-22     [dog] properly harnessed or leashed, and a person who is injured by

8-23     the animal [dog] because of the failure of a person with a

8-24     disability [blind, deaf, or otherwise handicapped person's failure]

8-25     to properly harness or leash the animal [dog] is entitled to

8-26     maintain a cause of action for damages in a court of competent

8-27     jurisdiction under the same law applicable to other causes brought

 9-1     for the redress of injuries caused by animals.

 9-2           [(c)  A physically handicapped person who, after being duly

 9-3     warned of a danger unique to a handicapped person's use of a

 9-4     particular public facility, is injured in using the facility

 9-5     because of a danger of the type about which warning was given, is

 9-6     deemed to have assumed the risk of using the public facility.]

 9-7           SECTION 7.  Section 121.006, Human Resources Code, is amended

 9-8     to read as follows:

 9-9           Sec. 121.006.  PENALTIES FOR IMPROPER USE OF ASSISTANCE

9-10     ANIMALS [SUPPORT DOGS].  (a)  A person who uses an assistance

9-11     animal [fits a dog] with a harness or  leash of the type commonly

9-12     used by [blind, deaf, or otherwise handicapped] persons with

9-13     disabilities who use trained animals [dogs for purposes of travel

9-14     or auditory awareness], in order to represent that his or her

9-15     animal [dog] is a specially trained assistance animal [support dog]

9-16     when training of the type described in Section 121.002(1)(B)

9-17     [121.002(2)(B)] of this chapter has not in fact been provided, is

9-18     guilty of a misdemeanor and on conviction shall be punished by a

9-19     fine of not more than $200.

9-20           (b)  A person who habitually abuses or neglects to feed or

9-21     otherwise neglects to properly care for his or her assistance

9-22     animal [support dog] is subject to seizure of the animal under

9-23     Subchapter B, Chapter 821, Health and Safety Code [not entitled to

9-24     the benefits of this chapter available to those who use support

9-25     dogs, and must surrender the support dog on demand to the person or

9-26     organization furnishing the dog or to other competent authorities].

9-27           SECTION 8.  Section 121.007, Human Resources Code, is amended

 10-1    to read as follows:

 10-2          Sec. 121.007.  BLIND AND DISABLED [INCAPACITATED]

 10-3    PEDESTRIANS.  (a)  No person may carry a white cane on a public

 10-4    street or highway unless the person is totally or partially blind

 10-5    [or otherwise incapacitated].

 10-6          (b)  The driver of a vehicle approaching an intersection or

 10-7    crosswalk where a pedestrian guided by an assistance animal [a

 10-8    support dog] or carrying a white cane is crossing or attempting to

 10-9    cross shall take necessary precautions to avoid injuring or

10-10    endangering the pedestrian.  The driver shall bring the vehicle to

10-11    a full stop if injury or danger can be avoided only by that action.

10-12          (c)  The failure of a totally or partially blind or otherwise

10-13    disabled [incapacitated] person to carry a white cane or be guided

10-14    or aided by  an assistance animal [a support dog] does not deprive

10-15    the person of the rights and privileges conferred by law on

10-16    pedestrians crossing streets or highways and does not constitute

10-17    evidence of contributory negligence.

10-18          (d)  A person who violates this section commits a Class C

10-19    misdemeanor.

10-20          SECTION 9.  Section 121.008, Human Resources Code, is amended

10-21    to read as follows:

10-22          Sec. 121.008. DISSEMINATION OF INFORMATION RELATING TO

10-23    PERSONS WITH DISABILITIES [THE HANDICAPPED].  (a)  To ensure

10-24    maximum public awareness  of the policies set forth in this

10-25    chapter, the governor may issue a proclamation each year taking

10-26    suitable public notice of October 15 as White Cane Safety Day.  The

10-27    proclamation must contain appropriate comment about the

 11-1    significance of various devices used by [handicapped] persons with

 11-2    disabilities to assist them in traveling, and  must call to the

 11-3    attention of the public the provisions of this chapter and of other

 11-4    laws relating to the safety and well-being of this state's

 11-5    [handicapped] citizens with disabilities.

 11-6          (b)  State agencies regularly mailing forms or information to

 11-7    significant numbers of public facilities operating within the state

 11-8    shall cooperate with state agencies responsible for the

 11-9    rehabilitation of persons with disabilities [the handicapped] by

11-10    sending information about this chapter to those to whom regular

11-11    mailings are sent.  The information, which must be sent only on the

11-12    request of state agencies responsible for the rehabilitation of

11-13    persons with disabilities [the handicapped] and not more than once

11-14    each year, may be included in regular mailings or sent separately.

11-15    If sent separately, the cost of mailing is borne by the state

11-16    rehabilitation agency or agencies requesting the mailing and,

11-17    regardless of whether sent separately or as part of a regular

11-18    mailing, the cost of preparing information about this chapter is

11-19    borne by the state rehabilitation agency or agencies requesting

11-20    distribution of this information.

11-21          SECTION 10.  Section 121.009, Human Resources Code, is

11-22    amended to read as follows:

11-23          Sec.  121.009.  CONSTRUCTION OF CHAPTER.  The provisions of

11-24    this chapter must be construed in a manner compatible with other

11-25    state laws relating to persons with disabilities [the handicapped].

11-26          SECTION 11.  Section 121.010, Human Resources Code, is

11-27    amended to read as follows:

 12-1          Sec. 121.010.  TESTING [HANDICAPPED] ADULTS WITH

 12-2    DISABILITIES.  (a)  A test that evaluates an [a handicapped] adult

 12-3    with a  disability for a job position in business, government, or

 12-4    industry, or a test to determine that person's educational level,

 12-5    must [may] measure individual abilities and not specific

 12-6    disabilities.

 12-7          (b)  If an examiner knows that an adult examinee has a

 12-8    disability [handicap], the examiner may use an alternate form of

 12-9    testing.  The alternate form of testing may assess the aptitude of

12-10    the examinee by using that person's primary learning mode.

12-11          (c)  The examiner may use as an alternate form of testing any

12-12    procedure or adaption that will help ensure the best performance

12-13    possible by an [a handicapped] adult with a disability, including

12-14    oral or visual administration of the test, oral or manual response

12-15    to the test, the use of readers, [the use of] tape recorders,

12-16    interpreters, large print, or braille text, the removal of time

12-17    constraints, and multiple testing sessions.

12-18          (d)  An examiner shall select and administer a test to an

12-19    examinee who has a  disability [handicap] that impairs sensory,

12-20    manual, or speaking skills so that the test accurately reflects the

12-21    factor the test is intended to measure and does not reflect the

12-22    examinee's impaired sensory, manual, or speaking skills.

12-23          (e)  An examiner may not use a test that has a

12-24    disproportionate, adverse effect on an [a handicapped] adult with a

12-25    disability or a class of [handicapped] adults with  disabilities

12-26    unless:

12-27                (1)  the test has been validated as a predictor of

 13-1    success in the program or activity for which the [handicapped]

 13-2    adult with a disability is applying;  and

 13-3                (2)  alternate tests or alternative forms of testing

 13-4    that have a less disproportionate, adverse effect do not exist or

 13-5    are not available.

 13-6          SECTION 12.  Chapter 121, Human Resources Code, is amended by

 13-7    adding Section 121.011 to read as follows:

 13-8          Sec. 121.011.  ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED

 13-9    BY PRIVATE ENTITY.  (a)  A private entity that offers an

13-10    examination or a course related to applications, certification,

13-11    credentialing, or licensing for secondary or postsecondary

13-12    education, a profession, or a trade shall:

13-13                (1)  offer the examination or course in a place and

13-14    manner that is accessible to persons with disabilities or make

13-15    alternative accessible arrangements for persons with disabilities;

13-16                (2)  offer the examination or course to persons with

13-17    disabilities:

13-18                      (A)  as often as the entity offers the

13-19    examination or course to persons without disabilities;

13-20                      (B)  at a location that is as convenient as the

13-21    location at which the entity offers the examination or course to

13-22    persons without disabilities; and

13-23                      (C)  at a time that is as appropriate as the time

13-24    when the entity offers the examination or course to persons without

13-25    disabilities; and

13-26                (3)  make auxiliary test guides and other resources

13-27    available in alternative formats.

 14-1          (b)  A private entity that offers an examination or a course

 14-2    described by Subsection (a)  may require persons with disabilities

 14-3    to provide reasonable documentation of their disabilities and

 14-4    reasonable advance notice of any necessary modifications or aids.

 14-5    The deadline for advance notice may not be earlier than the

 14-6    application deadline for the examination or course.  The entity may

 14-7    not refuse a request for modifications or aids from a person with a

 14-8    disability on the grounds that the person, because of the person's

 14-9    disability, would not meet other requirements of the profession or

14-10    occupation for which the course or examination is given.

14-11          SECTION 13.  This Act takes effect September 1, 1997.

14-12          SECTION 14.  The importance of this legislation and the

14-13    crowded condition of the calendars in both houses create an

14-14    emergency and an imperative public necessity that the

14-15    constitutional rule requiring bills to be read on three several

14-16    days in each house be suspended, and this rule is hereby suspended.