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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain facilities by search and rescue dogs |
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and their handlers; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 785 to read as follows: |
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CHAPTER 785. SEARCH AND RESCUE DOGS |
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Sec. 785.001. DEFINITIONS. In this chapter: |
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(1) "Handler" means a person who handles a search and |
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rescue dog and who is certified by the National Association for |
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Search and Rescue or another state or nationally recognized search |
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and rescue agency. |
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(2) "Housing accommodations" has the meaning assigned |
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by Section 121.002(3), Human Resources Code. |
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(3) "Public facility" means a facility described by |
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Section 121.002(5), Human Resources Code. |
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(4) "Search and rescue dog" means a canine that is |
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trained or being trained to assist a nationally recognized search |
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and rescue agency in search and rescue activities. |
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Sec. 785.002. DISCRIMINATION PROHIBITED. (a) The owner, |
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manager, or operator of a public facility, or an employee or other |
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agent of the owner, manager, or operator, may not deny a search and |
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rescue dog admittance to the facility. |
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(b) The owner, manager, or operator of a public facility, or |
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an employee or other agent of the owner, manager, or operator, may |
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not deny a search and rescue dog's handler admittance to the |
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facility because of the presence of the handler's search and rescue |
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dog. |
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(c) The owner, manager, or operator of a common carrier, |
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airplane, railroad train, motor bus, streetcar, boat, or other |
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public conveyance or mode of transportation operating within this |
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state, or an employee or other agent of the owner, manager, or |
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operator, may not: |
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(1) refuse to accept as a passenger a search and rescue |
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dog or the dog's handler; or |
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(2) require the dog's handler to pay an additional fare |
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because of the search and rescue dog. |
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(d) The discrimination prohibited by this section includes: |
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(1) refusing to allow a search and rescue dog or the |
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dog's handler to use or be admitted to a public facility; |
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(2) a ruse or subterfuge calculated to prevent or |
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discourage a search and rescue dog or the dog's handler from using |
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or being admitted to a public facility; and |
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(3) failing to make a reasonable accommodation in a |
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policy, practice, or procedure to allow a search and rescue dog or |
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the dog's handler to be admitted to a public facility. |
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(e) A policy relating to the use of a public facility by a |
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designated class of persons from the general public may not |
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prohibit the use of the particular public facility by a search and |
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rescue dog or the dog's handler. |
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(f) A search and rescue dog's handler is entitled to full |
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and equal access, in the same manner as other members of the general |
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public, to all housing accommodations offered for rent, lease, or |
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compensation in this state, subject to any condition or limitation |
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established by law that applies to all persons, except that the |
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handler may not be required to pay an extra fee or charge or |
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security deposit for the search and rescue dog. |
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Sec. 785.003. PENALTY FOR DISCRIMINATION. (a) A person |
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who violates Section 785.002 commits an offense. An offense under |
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this subsection is a misdemeanor punishable by a fine of not less |
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than $300 or more than $1,000. |
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(b) It is a defense to prosecution under Subsection (a) that |
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the actor requested the search and rescue dog handler's credentials |
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under Section 785.005 and the handler failed to provide the actor |
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with the credentials. |
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Sec. 785.004. RESPONSIBILITIES OF HANDLERS; CIVIL |
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LIABILITY. (a) A handler who accompanies a search and rescue dog |
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shall keep the dog properly harnessed or leashed. A person may |
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maintain a cause of action against a dog's handler for personal |
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injury, property damage, or death resulting from the failure of the |
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dog's handler to properly harness or leash the dog under the same |
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law applicable to other causes brought for the redress of injuries |
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caused by animals. |
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(b) The handler of a search and rescue dog is liable for any |
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property damage caused by the search and rescue dog to a public |
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facility or to housing accommodations. |
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(c) A governmental unit, as defined by Section 101.001, |
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Civil Practice and Remedies Code, is subject to liability under |
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this section only as provided by Chapter 101, Civil Practice and |
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Remedies Code. A public servant, as defined by Section 108.001, |
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Civil Practice and Remedies Code, is subject to liability under |
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this section only as provided by Chapter 108, Civil Practice and |
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Remedies Code. |
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Sec. 785.005. CANINE HANDLER CREDENTIALS. A person may ask |
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a search and rescue dog handler to display proof that the handler is |
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a person with a certification issued by the National Association |
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for Search and Rescue or another state or nationally recognized |
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search and rescue agency. |
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SECTION 2. This Act takes effect September 1, 2013. |