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By: Cortez, Goodwin (Senate Sponsor - Whitmire) |
H.B. No. 4164 |
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(In the Senate - Received from the House May 15, 2023; |
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May 15, 2023, read first time and referred to Committee on Criminal |
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Justice; May 19, 2023, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 19, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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WhitmireX |
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FloresX |
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BettencourtX |
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HinojosaX |
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HuffmanX |
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KingX |
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MilesX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the improper use and treatment of an assistance animal |
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or service animal; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.006, Human Resources Code, is |
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amended to read as follows: |
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Sec. 121.006. [PENALTIES FOR] IMPROPER USE OF ASSISTANCE |
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AND SERVICE ANIMALS; OFFENSE. (a) A person commits an offense if |
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the person intentionally or knowingly represents [who uses a |
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service animal with a harness or leash of the type commonly used by |
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persons with disabilities who use trained animals, in order to |
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represent] that an [his or her] animal is an assistance animal or a |
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[specially trained] service animal when the animal is not specially |
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trained or equipped to help a person with a disability. An offense |
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under this subsection [training has not in fact been provided,] is |
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[guilty of] a misdemeanor punishable [and on conviction shall be |
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punished] by: |
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(1) a fine of not more than $1,000 [$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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(b) A person who habitually abuses or neglects to feed or |
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otherwise neglects to properly care for the person's [his or her] |
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assistance animal or service animal is subject to seizure of the |
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animal under Subchapter B, Chapter 821, Health and Safety Code. |
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SECTION 2. Section 121.006(a), Human Resources Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |