| |
| |
| |
|
|
AN ACT
|
|
|
relating to the improper use and treatment of an assistance animal |
|
|
or service animal; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 121.006, Human Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 121.006. [PENALTIES FOR] IMPROPER USE OF ASSISTANCE |
|
|
AND SERVICE ANIMALS; OFFENSE. (a) A person commits an offense if |
|
|
the person intentionally or knowingly represents [who uses a |
|
|
service animal with a harness or leash of the type commonly used by |
|
|
persons with disabilities who use trained animals, in order to |
|
|
represent] that an [his or her] animal is an assistance animal or a |
|
|
[specially trained] service animal when the animal is not specially |
|
|
trained or equipped to help a person with a disability. An offense |
|
|
under this subsection [training has not in fact been provided,] is |
|
|
[guilty of] a misdemeanor punishable [and on conviction shall be |
|
|
punished] by: |
|
|
(1) a fine of not more than $1,000 [$300]; and |
|
|
(2) 30 hours of community service to be performed for a |
|
|
governmental entity or nonprofit organization that primarily |
|
|
serves persons with visual impairments or other disabilities, or |
|
|
for another entity or organization at the discretion of the court, |
|
|
to be completed in not more than one year. |
|
|
(b) A person who habitually abuses or neglects to feed or |
|
|
otherwise neglects to properly care for the person's [his or her] |
|
|
assistance animal or service animal is subject to seizure of the |
|
|
animal under Subchapter B, Chapter 821, Health and Safety Code. |
|
|
SECTION 2. Section 121.006(a), Human Resources Code, as |
|
|
amended by this Act, applies only to an offense committed on or |
|
|
after the effective date of this Act. An offense committed before |
|
|
the effective date of this Act is governed by the law in effect when |
|
|
the offense was committed, and the former law is continued in effect |
|
|
for that purpose. For purposes of this section, an offense was |
|
|
committed before the effective date of this Act if any element of |
|
|
the offense occurred before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4164 was passed by the House on May |
|
|
12, 2023, by the following vote: Yeas 130, Nays 14, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 4164 was passed by the Senate on May |
|
|
24, 2023, by the following vote: Yeas 29, Nays 2. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |