83R2354 KKR-F

By: Menendez H.B. No. 489

A BILL TO BE ENTITLED

AN ACT

relating to the use of assistance animals that provide assistance to persons with disabilities; providing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 121.002(4) and (5), Human Resources Code, are amended to read as follows:

(4) "Person with a disability" means a person who has a mental or physical disability, including an intellectual disability [mental retardation], a hearing impairment, deafness, a speech impairment, a visual impairment, post-traumatic stress disorder, or any health impairment that requires special ambulatory devices or services.

(5) "Public facility [facilities]" includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

SECTION 2. Section 121.003, Human Resources Code, is amended by adding Subsection (k) to read as follows:

(k) A person is not entitled to make demands or inquiries relating to the qualifications or certifications of an assistance animal for purposes of admittance to a public facility except to determine the basic type of assistance provided by the assistance animal to a person with a disability.

SECTION 3. Section 121.004, Human Resources Code, is amended to read as follows:

Sec. 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION. (a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the [a] person, [firm, association, corporation, or other organization] who violates a provision of Section 121.003 commits an offense. An offense under this subsection is a Class B misdemeanor [punishable by a fine of not less than $300 or more than $1,000].

(b) In addition to the penalty provided in Subsection (a) [of this section], a person, including a firm, association, corporation, or other public or private organization, or the agent of the [a] person, [firm, association, corporation, or other organization,] who violates the provisions of Section 121.003 [of this chapter] is deemed to have deprived a person with a disability of his or her civil liberties. The person with a disability deprived of his or her civil liberties may maintain a cause of action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $2,000 [$100] to the person with a disability.

SECTION 4. Section 121.005, Human Resources Code, is amended by adding Subsection (c) to read as follows:

(c) In response to a reasonable request by a person in a public facility relating to the type of assistance provided by an assistance animal for purposes of admitting the assistance animal to the facility, the person with a disability using the assistance animal shall provide a brief explanation of the basic type of assistance provided by the assistance animal.

SECTION 5. Section 121.006(a), Human Resources Code, is amended to read as follows:

(a) A person who uses an assistance animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained assistance animal when training of the type described in Section 121.002(1)(B) [of this chapter] has not in fact been provided, is guilty of a Class B misdemeanor [and on conviction shall be punished by a fine of not more than $200].

SECTION 6. Section 121.008, Human Resources Code, is amended to read as follows:

Sec. 121.008. DISSEMINATION OF INFORMATION RELATING TO PERSONS WITH DISABILITIES. (a) To ensure maximum public awareness of the policies set forth in this chapter, the governor shall [may] issue a proclamation each year taking suitable public notice of October 15 as White Cane Safety and Assistance Animal Recognition Day. The proclamation must contain appropriate comment about the significance of various devices and animals used by persons with disabilities to assist them in traveling, and must call to the attention of the public the provisions of this chapter and of other laws relating to the safety and well-being of this state's citizens with disabilities.

(b) The comptroller, the secretary of state, and other state [State] agencies that regularly mail [mailing] forms or information to significant numbers of public facilities and businesses operating within the state shall cooperate with state agencies responsible for the rehabilitation of persons with disabilities by sending information about this chapter to those to whom regular mailings are sent. The information, which must be sent at [only on] the request of state agencies responsible for the rehabilitation of persons with disabilities and at least [not more than] once each year, may be included in regular mailings or sent separately. If sent separately, the cost of mailing is borne by the state rehabilitation agency or agencies requesting the mailing and, regardless of whether sent separately or as part of a regular mailing, the cost of preparing information about this chapter is borne by the state rehabilitation agency or agencies requesting distribution of this information.

SECTION 7. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 8. This Act takes effect September 1, 2013.