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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of individuals or business entities that |
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provide or train assistance animals for veterans; providing a civil |
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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. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 114 to read as follows: |
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CHAPTER 114. PROVIDERS AND TRAINERS OF ASSISTANCE ANIMALS FOR |
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VETERANS |
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Sec. 114.001. DEFINITIONS. In this chapter: |
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(1) "Assistance animal" means a canine that is |
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specially trained or equipped to help a veteran diagnosed with |
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post-traumatic stress disorder and that is used by a veteran with |
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post-traumatic stress disorder. |
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(2) "Veteran" has the meaning assigned by Section |
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53.001, Human Resources Code. |
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Sec. 114.002. REQUIREMENTS FOR PROVIDERS OR TRAINERS OF |
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ASSISTANCE ANIMALS FOR VETERANS. An individual or business entity |
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that provides, by sale or donation, or trains assistance animals |
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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 or trained by the individual or 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 or trained by the individual or |
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entity; |
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(3) work with each veteran using an assistance animal |
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provided or trained by the individual or entity for 10 or more days |
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and provide the veteran at least 30 hours of training with the |
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assistance animal; |
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(4) ensure that each assistance animal provided or |
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trained by the individual or entity has passed: |
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(A) 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, 2019; and |
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(B) the Assistance Dogs International Public |
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Access Test, or a test having standards substantially similar to |
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the standards of the Assistance Dogs International Public Access |
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Test in effect on September 1, 2019; and |
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(5) make available follow-up services to each veteran |
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using an assistance animal provided or trained by the individual or |
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entity for the life of the assistance animal. |
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Sec. 114.003. CIVIL PENALTY; INJUNCTION. (a) An |
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individual or business entity that violates a provision of this |
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chapter is liable to the state for a civil penalty in an amount not |
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to exceed $500 for each separate violation and, in the case of a |
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continuing violation, an amount not to exceed $500 for each |
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subsequent day on which the 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. 114.004. 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, 2019. |