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A BILL TO BE ENTITLED
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AN ACT
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relating to regulations concerning certain service animals; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 106 to read as follows: |
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CHAPTER 106. CERTAIN CHARGES OR SECURITY DEPOSITS FOR CANINE |
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HANDLERS PROHIBITED |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Canine unit" means a canine handler who is a peace |
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officer or firefighter and a service canine trained to assist a |
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peace officer or firefighter in the performance of the individual's |
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official duties. |
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(2) "Commercial lodging establishment" means a hotel, |
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motel, inn, or similar entity that offers lodging to the public in |
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exchange for compensation. |
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(3) "Declared disaster" means: |
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(A) a disaster declared by the president of the |
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United States; |
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(B) a state of disaster declared by the governor |
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under Chapter 418, Government Code; or |
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(C) a local state of disaster declared by the |
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governing body of a political subdivision under Section 418.108, |
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Government Code. |
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(4) "Firefighter" means an individual who is defined |
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as fire protection personnel under Section 419.021, Government |
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Code. |
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(5) "Mutual aid" has the meaning assigned by Section |
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418.004, Government Code. |
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(6) "Peace officer" means a person elected, employed, |
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or appointed as a peace officer under Article 2.12, Code of Criminal |
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Procedure, or other law. |
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(7) "Service canine" means a canine trained to assist |
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in search and rescue or law enforcement activities. |
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Sec. 106.002. CERTAIN CHARGES OR SECURITY DEPOSITS |
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PROHIBITED. A commercial lodging establishment or restaurant may |
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not require the payment of an extra fee or charge or a security |
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deposit for a service canine that accompanies an individual to the |
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establishment or restaurant if: |
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(1) the individual is: |
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(A) a peace officer or firefighter assigned to a |
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canine unit; or |
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(B) a handler of a search and rescue canine |
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participating in a search and rescue operation under the authority |
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or direction of a law enforcement agency or search and rescue |
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agency; and |
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(2) the individual is away from the individual's home |
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jurisdiction while in the course and scope of duty because of: |
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(A) a declared disaster; or |
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(B) a mutual aid request or mutual aid training. |
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Sec. 106.003. LIABILITY FOR PROPERTY DAMAGES. (a) |
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Governmental immunity from suit and from liability is waived and |
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the department or agency of a canine unit may be held liable to the |
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owner or operator of a commercial lodging establishment or |
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restaurant for any damages to the premises caused by the service |
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canine. |
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(b) The handler of a search and rescue canine is liable to |
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the owner or operator of a commercial lodging establishment or |
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restaurant for any damages to the premises caused by the service |
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canine. |
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Sec. 106.004. CIVIL PENALTY. (a) A commercial lodging |
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establishment or restaurant that violates Section 106.002 is liable |
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to this state for a civil penalty in an amount not to exceed $1,000 |
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for each violation. |
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(b) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs may bring suit to recover the |
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civil penalty imposed under this section. |
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SECTION 2. This Act takes effect September 1, 2011. |