1-1     By:  Naishtat (Senate Sponsor - Moncrief)             H.B. No. 2525

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 9, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Nelson

 1-8     Amend HB 2525, page  2, line 21, by striking "a disease that is

 1-9     contagious or not contagious,".

1-10                            A BILL TO BE ENTITLED

1-11                                   AN ACT

1-12     relating to the rights and responsibilities of persons with

1-13     disabilities.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  The heading of Title 8, Human Resources Code, is

1-16     amended to read as follows:

1-17                    TITLE 8.  RIGHTS AND RESPONSIBILITIES

1-18               OF PERSONS WITH DISABILITIES [THE HANDICAPPED]

1-19           SECTION 2.  Section 121.001, Human Resources Code, is amended

1-20     to read as follows:

1-21           Sec. 121.001.  STATE POLICY.  The policy of the state is to

1-22     encourage and enable [physically handicapped] persons with

1-23     disabilities to participate fully in the social and economic life

1-24     of the state, to  achieve maximum personal independence, to become

1-25     gainfully employed, and to otherwise fully enjoy and use all public

1-26     facilities available within the state.

1-27           SECTION 3.  Section 121.002, Human Resources Code, is amended

1-28     to read as follows:

1-29           Sec. 121.002.  DEFINITIONS.  In this chapter:

1-30                 (1)  ["White cane" means a cane or walking stick which

1-31     is metallic or white in color or white tipped with some contrasting

1-32     color, and which is carried by a blind person to assist the blind

1-33     person in traveling from place to place.]

1-34                 [(2)]  "Assistance animal [dog]" means an animal [a

1-35     dog] that is specially trained or equipped to help a [blind or

1-36     handicapped] person with a disability[,] and that:

1-37                       (A)  is used by a [blind or handicapped] person

1-38     with a disability who has satisfactorily completed a specific

1-39     course of training in the  use of the animal [dog]; and

1-40                       (B)  has been trained by an organization

1-41     generally recognized by agencies involved in the rehabilitation of

1-42     persons with disabilities [the blind or handicapped] as reputable

1-43     and competent to  provide animals [dogs] with training of this

1-44     type.

1-45                 (2) [(3)  "Public facilities" includes streets,

1-46     highways, sidewalks, walkways, all  common carriers, airplanes,

1-47     motor vehicles, railroad trains, motor buses, streetcars, boats, or

1-48     any other public conveyances or modes of transportation, hotels,

1-49     motels, or other places of lodging, public buildings maintained by

1-50     any unit or subdivision of government, buildings to which the

1-51     general public is invited, college dormitories and other

1-52     educational facilities, restaurants or other places where food is

1-53     offered for sale to the public, and all other places of public

1-54     accommodation, amusement, convenience, or resort to which the

1-55     general public or any classification of persons from the general

1-56     public is regularly, normally, or customarily invited.]

1-57                 [(4)  "Handicapped person" means a person who has a

1-58     mental or physical handicap, including mental retardation, hardness

1-59     of hearing, deafness, speech impairment, visual handicap, being

1-60     crippled, or any other health impairment which requires special

1-61     ambulatory devices or services.]

1-62                 [(5)  "Housing accommodations" means all or part of

1-63     real property which is used or occupied or is intended, arranged,

1-64     or designed to be used or occupied as the home, residence, or

 2-1     sleeping place of one or more human beings, except a single family

 2-2     residence whose occupants rent, lease, or furnish for compensation

 2-3     only one room.]

 2-4                 [(6)]  "Harass" means any conduct that:

 2-5                       (A)  is directed at an assistance animal [dog]

 2-6     that impedes or interferes with, or is intended to impede or

 2-7     interfere with, the animal's [dog's] performance of its duties;  or

 2-8                       (B)  places a [blind or handicapped] person with

 2-9     a disability who is using an assistance animal [dog], or a trainer

2-10     who is training  an assistance animal [dog], in danger of injury.

2-11                 (3)  "Housing accommodations" means all or part of real

2-12     property that is used or occupied or is intended, arranged, or

2-13     designed to be used or occupied as the home, residence, or sleeping

2-14     place of one or more human beings, except a single-family residence

2-15     whose occupants rent, lease, or furnish for compensation only one

2-16     room.

2-17                 (4)  "Person with a disability" means a person who has

2-18     a mental or physical disability, including mental retardation,

2-19     hearing impairment, deafness, speech impairment, visual impairment,

2-20     a disease that is contagious or not contagious, or any health

2-21     impairment that requires special ambulatory devices or services.

2-22                 (5)  "Public facilities" includes a street, highway,

2-23     sidewalk, walkway, common carrier, airplane, motor vehicle,

2-24     railroad train, motor bus, streetcar, boat, or any other public

2-25     conveyance or mode of transportation; a hotel, motel, or other

2-26     place of lodging; a public building maintained by any unit or

2-27     subdivision of government; a building to which the general public

2-28     is invited; a college dormitory or other educational facility; a

2-29     restaurant or other place where food is offered for sale to the

2-30     public; and any other place of public accommodation, amusement,

2-31     convenience, or resort to which the general public or any

2-32     classification of persons from the general public is regularly,

2-33     normally, or customarily invited.

2-34                 (6)  "White cane" means a cane or walking stick that is

2-35     metallic or white in color, or white tipped with a contrasting

2-36     color, and that is carried by a blind person to assist the blind

2-37     person in traveling from place to place.

2-38           SECTION 4.  Section 121.003, Human Resources Code, is amended

2-39     to read as follows:

2-40           Sec.  121.003.  DISCRIMINATION PROHIBITED.  (a)  Persons with

2-41     disabilities [Subject only to limitations and conditions

2-42     established by law and applicable alike to all persons, persons who

2-43     are physically handicapped] have the same right as the able-bodied

2-44     to the full use and enjoyment of any public facility in the state.

2-45           (b)  No common carrier, airplane, railroad train, motor bus,

2-46     streetcar, boat, or other public conveyance or mode of

2-47     transportation operating within the state may refuse to accept as a

2-48     passenger a person with a disability [who is blind or physically

2-49     handicapped] solely because of the person's disability [blindness

2-50     or  handicap], nor may a [blind or handicapped] person with a

2-51     disability be required to pay an additional fare because of his or

2-52     her use of an assistance animal [dog], wheelchair, crutches, or

2-53     other device used to assist a [the blind or handicapped] person

2-54     with a disability in travel.

2-55           (c)  No person with a disability [who is blind or physically

2-56     handicapped] may be denied admittance to any public facility in the

2-57     state because of the [blind or handicapped] person's disability.

2-58     No person with a disability may be denied the use of a white cane,

2-59     assistance animal [dog], wheelchair, crutches, or other device of

2-60     assistance [in mobility, or because the person is blind or

2-61     handicapped].

2-62           (d)  The discrimination prohibited by this section includes a

2-63     [discrimination through an open and obvious] refusal to allow a

2-64     [blind or handicapped] person with a disability to use or be

2-65     admitted to any public facility, [as well as discrimination based

2-66     on] a ruse or subterfuge calculated to prevent or discourage a

2-67     [blind or handicapped] person with a disability from using or being

2-68     admitted to a public facility, and a failure to:

2-69                 (1)  comply with Article 9102, Revised Statutes;

 3-1                 (2)  make reasonable accommodations in policies,

 3-2     practices, and procedures; or

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

 3-4     allow the full  use and enjoyment of the public facility.

 3-5           (e)  Regulations relating to the use of public facilities by

 3-6     any designated class of persons from the general public may not

 3-7     prohibit the use of particular public facilities by [blind or

 3-8     handicapped] persons with disabilities who, except for their

 3-9     disabilities [blindness or handicaps] or use of assistance animals

3-10     [dogs] or other devices for assistance in travel, would fall within

3-11     the designated class.  [Lists containing the names of persons who

3-12     desire to use particular public facilities may not be composed or

3-13     manipulated so as to deny a blind or handicapped person a fair and

3-14     equal opportunity to use or be admitted to any public  facility.]

3-15           [(e)  This section does not limit the right of the owner or

3-16     manager of a public facility to refuse to admit, to refuse to

3-17     serve, or to evict from a public facility a person who is so

3-18     unkempt as to be clearly offensive to others using the public

3-19     facility, who is obviously intoxicated, or who conducts himself in

3-20     a belligerent, boisterous, profane, or other offensive manner which

3-21     unreasonably interferes with the right of other persons to use and

3-22     enjoy the public facility.]

3-23           (f) [(g)]  It is the policy of the state that persons with

3-24     disabilities [the blind, the visually handicapped and the otherwise

3-25     physically disabled]  be employed by the state, by political

3-26     subdivisions of the state, in the public schools, and in all other

3-27     employment supported in whole or in part by public funds on the

3-28     same terms and conditions as persons without disabilities [the

3-29     able-bodied], unless it is shown that there is no reasonable

3-30     accommodation that would enable a person with a disability to

3-31     perform the essential elements of a job [the particular disability

3-32     prevents the performance of the work involved].

3-33           (g)  Persons with disabilities [(h)  The blind, the visually

3-34     handicapped, and the otherwise physically disabled] shall be

3-35     entitled to full and equal access, as other members of the general

3-36     public, to all housing accommodations offered for rent, lease, or

3-37     compensation in this state, subject to the conditions and

3-38     limitations established by law and applicable alike to all persons.

3-39           [(i)  Nothing in this section shall require any person

3-40     renting, leasing, or providing for compensation real property to

3-41     modify his or her property in any way or provide a higher degree of

3-42     care for a blind person, visually handicapped person, or otherwise

3-43     physically disabled person than for a person who is not physically

3-44     disabled.]

3-45           (h) [(j)]  A person with a total [totally] or partial

3-46     disability [partially blind or handicapped person] who has or

3-47     obtains an  assistance animal [dog] is entitled to full and equal

3-48     access to all housing accommodations provided for in this section,

3-49     and may not be required to pay extra compensation for the animal

3-50     [dog] but is liable for damages done to the premises by the animal

3-51     [dog].

3-52           (i) [(k)]  An assistance animal [dog] in training shall not

3-53     be denied admittance to any public facility when accompanied by an

3-54     approved trainer who is an agent of an organization generally

3-55     recognized by agencies involved in the rehabilitation of persons

3-56     who are [blind or] disabled as reputable and competent to provide

3-57     training for assistance animals [dogs], and/or their blind

3-58     handlers.

3-59           (j) [(l)]  A person may not assault, harass, interfere with,

3-60     or injure in any way, or attempt to assault, harass, interfere

3-61     with, or injure in any way, an assistance animal [dog].

3-62           SECTION 5.  Section 121.004(b), Human Resources Code, is

3-63     amended to read as follows:            

3-64           (b)  In addition to the penalty provided in Subsection (a) of

3-65     this section, a person, firm, association, corporation, or other

3-66     organization, or the agent of a person, firm, association,

3-67     corporation, or other organization, who violates the provisions of

3-68     Section 121.003 of this chapter is deemed to have deprived a

3-69     [handicapped] person with a disability of his or her civil

 4-1     liberties.  The [handicapped] person with a disability deprived of

 4-2     his or her civil liberties may maintain a cause of action for

 4-3     damages in a court of competent jurisdiction, and there is a

 4-4     conclusive presumption of damages in the amount of at least $100 to

 4-5     the [handicapped] person with a disability.

 4-6           SECTION 6.  Section 121.005, Human Resources Code, is amended

 4-7     to read as follows:

 4-8           Sec. 121.005.  RESPONSIBILITIES OF [HANDICAPPED] PERSONS WITH

 4-9     DISABILITIES.  (a) A [blind, deaf, or otherwise handicapped] person

4-10     with a  disability who uses an assistance animal [a support dog]

4-11     for assistance in travel is liable for any damages done to the

4-12     premises or facilities by the animal [dog].

4-13           (b)  A [blind, deaf, or otherwise handicapped] person with a

4-14     disability who uses an assistance animal [a support dog] for

4-15     assistance  in travel or auditory awareness shall keep the animal

4-16     [dog] properly harnessed or leashed, and a person who is injured by

4-17     the animal [dog] because of the failure of a person with a

4-18     disability [blind, deaf, or otherwise handicapped person's failure]

4-19     to properly harness or leash the animal [dog] is entitled to

4-20     maintain a cause of action for damages in a court of competent

4-21     jurisdiction under the same law applicable to other causes brought

4-22     for the redress of injuries caused by animals.

4-23           [(c)  A physically handicapped person who, after being duly

4-24     warned of a danger unique to a handicapped person's use of a

4-25     particular public facility, is injured in using the facility

4-26     because of a danger of the type about which warning was given, is

4-27     deemed to have assumed the risk of using the public facility.]

4-28           SECTION 7.  Section 121.006, Human Resources Code, is amended

4-29     to read as follows:

4-30           Sec. 121.006.  PENALTIES FOR IMPROPER USE OF ASSISTANCE

4-31     ANIMALS [SUPPORT DOGS].  (a)  A person who uses an assistance

4-32     animal [fits a dog] with a harness or  leash of the type commonly

4-33     used by [blind, deaf, or otherwise handicapped] persons with

4-34     disabilities who use trained animals [dogs for purposes of travel

4-35     or auditory awareness], in order to represent that his or her

4-36     animal [dog] is a specially trained assistance animal [support dog]

4-37     when training of the type described in Section 121.002(1)(B)

4-38     [121.002(2)(B)] of this chapter has not in fact been provided, is

4-39     guilty of a misdemeanor and on conviction shall be punished by a

4-40     fine of not more than $200.

4-41           (b)  A person who habitually abuses or neglects to feed or

4-42     otherwise neglects to properly care for his or her assistance

4-43     animal [support dog] is subject to seizure of the animal under

4-44     Subchapter B, Chapter 821, Health and Safety Code [not entitled to

4-45     the benefits of this chapter available to those who use support

4-46     dogs, and must surrender the support dog on demand to the person or

4-47     organization furnishing the dog or to other competent authorities].

4-48           SECTION 8.  Section 121.007, Human Resources Code, is amended

4-49     to read as follows:

4-50           Sec. 121.007.  BLIND AND DISABLED [INCAPACITATED]

4-51     PEDESTRIANS.  (a)  No person may carry a white cane on a public

4-52     street or highway unless the person is totally or partially blind

4-53     [or otherwise incapacitated].

4-54           (b)  The driver of a vehicle approaching an intersection or

4-55     crosswalk where a pedestrian guided by an assistance animal [a

4-56     support dog] or carrying a white cane is crossing or attempting to

4-57     cross shall take necessary precautions to avoid injuring or

4-58     endangering the pedestrian.  The driver shall bring the vehicle to

4-59     a full stop if injury or danger can be avoided only by that action.

4-60           (c)  The failure of a totally or partially blind or otherwise

4-61     disabled [incapacitated] person to carry a white cane or be guided

4-62     or aided by  an assistance animal [a support dog] does not deprive

4-63     the person of the rights and privileges conferred by law on

4-64     pedestrians crossing streets or highways and does not constitute

4-65     evidence of contributory negligence.

4-66           (d)  A person who violates this section commits a Class C

4-67     misdemeanor.

4-68           SECTION 9.  Section 121.008, Human Resources Code, is amended

4-69     to read as follows:

 5-1           Sec. 121.008. DISSEMINATION OF INFORMATION RELATING TO

 5-2     PERSONS WITH DISABILITIES [THE HANDICAPPED].  (a)  To ensure

 5-3     maximum public awareness  of the policies set forth in this

 5-4     chapter, the governor may issue a proclamation each year taking

 5-5     suitable public notice of October 15 as White Cane Safety Day.  The

 5-6     proclamation must contain appropriate comment about the

 5-7     significance of various devices used by [handicapped] persons with

 5-8     disabilities to assist them in traveling, and  must call to the

 5-9     attention of the public the provisions of this chapter and of other

5-10     laws relating to the safety and well-being of this state's

5-11     [handicapped] citizens with disabilities.

5-12           (b)  State agencies regularly mailing forms or information to

5-13     significant numbers of public facilities operating within the state

5-14     shall cooperate with state agencies responsible for the

5-15     rehabilitation of persons with disabilities [the handicapped] by

5-16     sending information about this chapter to those to whom regular

5-17     mailings are sent.  The information, which must be sent only on the

5-18     request of state agencies responsible for the rehabilitation of

5-19     persons with disabilities [the handicapped] and not more than once

5-20     each year, may be included in regular mailings or sent separately.

5-21     If sent separately, the cost of mailing is borne by the state

5-22     rehabilitation agency or agencies requesting the mailing and,

5-23     regardless of whether sent separately or as part of a regular

5-24     mailing, the cost of preparing information about this chapter is

5-25     borne by the state rehabilitation agency or agencies requesting

5-26     distribution of this information.

5-27           SECTION 10.  Section 121.009, Human Resources Code, is

5-28     amended to read as follows:

5-29           Sec.  121.009.  CONSTRUCTION OF CHAPTER.  The provisions of

5-30     this chapter must be construed in a manner compatible with other

5-31     state laws relating to persons with disabilities [the handicapped].

5-32           SECTION 11.  Section 121.010, Human Resources Code, is

5-33     amended to read as follows:

5-34           Sec. 121.010.  TESTING [HANDICAPPED] ADULTS WITH

5-35     DISABILITIES.  (a)  A test that evaluates an [a handicapped] adult

5-36     with a  disability for a job position in business, government, or

5-37     industry, or a test to determine that person's educational level,

5-38     must [may] measure individual abilities and not specific

5-39     disabilities.

5-40           (b)  If an examiner knows that an adult examinee has a

5-41     disability [handicap], the examiner may use an alternate form of

5-42     testing.  The alternate form of testing may assess the aptitude of

5-43     the examinee by using that person's primary learning mode.

5-44           (c)  The examiner may use as an alternate form of testing any

5-45     procedure or adaption that will help ensure the best performance

5-46     possible by an [a handicapped] adult with a disability, including

5-47     oral or visual administration of the test, oral or manual response

5-48     to the test, the use of readers, [the use of] tape recorders,

5-49     interpreters, large print, or braille text, the removal of time

5-50     constraints, and multiple testing sessions.

5-51           (d)  An examiner shall select and administer a test to an

5-52     examinee who has a  disability [handicap] that impairs sensory,

5-53     manual, or speaking skills so that the test accurately reflects the

5-54     factor the test is intended to measure and does not reflect the

5-55     examinee's impaired sensory, manual, or speaking skills.

5-56           (e)  An examiner may not use a test that has a

5-57     disproportionate, adverse effect on an [a handicapped] adult with a

5-58     disability or a class of [handicapped] adults with  disabilities

5-59     unless:

5-60                 (1)  the test has been validated as a predictor of

5-61     success in the program or activity for which the [handicapped]

5-62     adult with a disability is applying;  and

5-63                 (2)  alternate tests or alternative forms of testing

5-64     that have a less disproportionate, adverse effect do not exist or

5-65     are not available.

5-66           SECTION 12.  Chapter 121, Human Resources Code, is amended by

5-67     adding Section 121.011 to read as follows:

5-68           Sec. 121.011.  ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED

5-69     BY PRIVATE ENTITY.  (a)  A private entity that offers an

 6-1     examination or a course related to applications, certification,

 6-2     credentialing, or licensing for secondary or postsecondary

 6-3     education, a profession, or a trade shall:

 6-4                 (1)  offer the examination or course in a place and

 6-5     manner that is accessible to persons with disabilities or make

 6-6     alternative accessible arrangements for persons with disabilities;

 6-7                 (2)  offer the examination or course to persons with

 6-8     disabilities:

 6-9                       (A)  as often as the entity offers the

6-10     examination or course to persons without disabilities;

6-11                       (B)  at a location that is as convenient as the

6-12     location at which the entity offers the examination or course to

6-13     persons without disabilities; and

6-14                       (C)  at a time that is as appropriate as the time

6-15     when the entity offers the examination or course to persons without

6-16     disabilities; and

6-17                 (3)  make auxiliary test guides and other resources

6-18     available in alternative formats.

6-19           (b)  A private entity that offers an examination or a course

6-20     described by Subsection (a)  may require persons with disabilities

6-21     to provide reasonable documentation of their disabilities and

6-22     reasonable advance notice of any necessary modifications or aids.

6-23     The deadline for advance notice may not be earlier than the

6-24     application deadline for the examination or course.  The entity may

6-25     not refuse a request for modifications or aids from a person with a

6-26     disability on the grounds that the person, because of the person's

6-27     disability, would not meet other requirements of the profession or

6-28     occupation for which the course or examination is given.

6-29           SECTION 13.  This Act takes effect September 1, 1997.

6-30           SECTION 14.  The importance of this legislation and the

6-31     crowded condition of the calendars in both houses create an

6-32     emergency and an imperative public necessity that the

6-33     constitutional rule requiring bills to be read on three several

6-34     days in each house be suspended, and this rule is hereby suspended.

6-35                                  * * * * *