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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of business entities that provide |
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assistance animals; 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 113 to read as follows: |
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CHAPTER 113. BUSINESS ENTITIES PROVIDING ASSISTANCE ANIMALS |
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Sec. 113.001. DEFINITION. In this chapter, "assistance |
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animal" has the meaning assigned by Section 121.002, Human |
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Resources Code. |
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Sec. 113.002. REQUIREMENTS FOR BUSINESS ENTITIES PROVIDING |
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ASSISTANCE ANIMALS. A business entity that provides, by sale or |
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donation, assistance animals shall: |
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(1) provide an average of 30 or more hours of |
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one-on-one training over a 90-day or longer period to each |
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assistance animal provided by the entity; |
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(2) obtain a wellness verification from a licensed |
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veterinarian during the period described by Subdivision (1) for |
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each assistance animal provided by the entity; |
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(3) maintain an in-house residential facility in which |
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each individual using an assistance animal provided by the entity |
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stays for 10 or more days while receiving at least 30 hours of |
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training with the assistance animal; |
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(4) ensure that each assistance animal provided by the |
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entity has passed the American Kennel Club Canine Good Citizen |
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test, or a test having standards substantially similar to the |
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standards of the American Kennel Club Canine Good Citizen test in |
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effect on September 1, 2017; and |
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(5) make available follow-up services to each |
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individual using an assistance animal provided by the entity for |
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the life of the assistance animal. |
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Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A business |
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entity that violates a provision of this chapter is liable to the |
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state for a civil penalty in an amount not to exceed $500 for each |
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separate violation and, in the case of a continuing violation, an |
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amount not to exceed $500 for each subsequent day on which the |
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violation occurs. |
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(b) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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(c) The attorney general may bring an action in the name of |
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the state to restrain or enjoin a violation or threatened violation |
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of this chapter. |
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Sec. 113.004. CIVIL LIABILITY. (a) A business entity that |
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sells an assistance animal to a person in violation of this chapter |
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is liable to the person for the amount the person paid for the |
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assistance animal. |
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(b) A person who prevails in an action brought under this |
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section is also entitled to recover court costs and reasonable |
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attorney's fees. |
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SECTION 2. This Act takes effect September 1, 2017. |