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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an assistance animal that provides |
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assistance to a person with a disability; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.002, Human Resources Code, is |
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amended by amending Subdivision (1) and adding Subdivision (5-a) to |
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read as follows: |
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(1) "Assistance animal" means an animal that works, |
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provides assistance, or performs tasks for the benefit of a person |
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with a disability or that provides to a person with a disability |
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emotional support that alleviates one or more medically identified |
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symptoms or effects of the person's disability. The term includes a |
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service animal [and "service animal" mean a canine that is
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specially trained or equipped to help a person with a disability and
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that
is used by a person with a disability]. |
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(5-a) "Service animal" means a canine that is |
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specially trained or equipped to do work or perform tasks for a |
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person with a disability and that is used by a person with a |
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disability. |
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SECTION 2. Section 121.003(h), Human Resources Code, is |
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amended to read as follows: |
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(h) A person with a total or partial disability who has or |
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obtains an assistance [a service] animal is entitled to full and |
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equal access to all housing accommodations provided for in this |
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section, and may not be required to pay extra compensation or make a |
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deposit for the animal but is liable for damages done to the |
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premises by the animal except for reasonable wear and tear. |
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SECTION 3. Section 121.006(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A person who uses a canine [service animal] with a |
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harness or leash of the type commonly used by persons with |
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disabilities who use trained animals[,] in order to represent that |
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the canine [his or her animal] is a specially trained service animal |
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when training has not in fact been provided, or who misrepresents |
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the disability-related need for an assistance animal to a landlord |
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or a landlord's agent or employee, is guilty of a misdemeanor and on |
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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 4. This Act takes effect September 1, 2017. |