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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance animals used by persons with disabilities |
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and to the prosecution of the offense of misrepresenting an animal |
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as an assistance animal or service animal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.002(1), Human Resources Code, is |
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amended to read as follows: |
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(1) "Assistance animal" and "service animal" mean a |
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canine that is specially trained or equipped to do work or perform |
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tasks to help a person with a disability and that is used by a person |
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with a disability. |
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SECTION 2. Section 121.006, Human Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person commits an offense if the person: |
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(1) claims an animal is an assistance animal or |
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service animal when the animal is not an assistance animal or |
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service animal; or |
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(2) fits an [who uses a service] animal with a harness, |
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collar, vest, sign, tag, [or] leash, or other form of |
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identification of the type commonly used by persons with |
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disabilities who use assistance animals or service animals, or by |
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persons who train assistance animals or service animals, so that |
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the person may gain access, permission, or benefits provided to |
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persons with disabilities who use assistance animals or service |
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animals by representing [trained animals, in order to represent] |
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that the [his or her] animal is a specially trained assistance |
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animal or service animal when training has not in fact been and is |
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not being provided. |
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(a-1) An offense under Subsection (a)[,] is [guilty of] a |
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misdemeanor punishable [and on conviction shall be punished] by: |
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(1) a fine of not more than $300; and |
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(2) 30 hours of community service to be performed for a |
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governmental entity or nonprofit organization that primarily |
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serves persons with visual impairments or other disabilities, or |
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for another entity or organization at the discretion of the court, |
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to be completed in not more than one year. |
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SECTION 3. The changes in law made by this Act to Section |
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121.006, Human Resources Code, apply only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |