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A BILL TO BE ENTITLED
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AN ACT
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relating to falsely representing that an animal is a service |
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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, Human Resources Code, is |
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amended by adding Subdivision (7) to read as follows: |
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(7) "Emotional support animal" means a canine that |
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does not possess training to do work or perform tasks for a person |
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with a disability. |
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SECTION 2. Section 121.006, Human Resources Code is amended |
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to read as follows: |
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Sec. 121.006. PENALTIES FOR FALSE REPRESENTATION OF ANIMALS |
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AS SERVICE [IMPROPER USE OF ASSISTANCE] ANIMALS. (a) A person who |
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intentionally or knowingly represents [uses a 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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an [his or her] animal is an assistance or [a] specially trained |
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service animal when the animal is not specially trained or equipped |
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to help a person with a disability [training has not in fact been |
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provided], is guilty of a misdemeanor 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 or business that sells or provides a |
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certificate, identification, tag, vest, leash, or harness for pet |
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or an emotional support animal shall provide a written notice in at |
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least 14 point bold type to the buyer or recipient that states all |
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of the following: |
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(1) The item does not entitle the owner of an animal to |
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the rights and privileges accorded by Texas or Federal law to the |
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owner of an assistance or service animal. |
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(2) Intentionally or knowingly representing that an |
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animal is an assistance or service animal when the animal is not |
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specially trained to assist a person with a disability is a |
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misdemeanor. |
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(c) A person or business that fails to provide the written |
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notice as required by this subsection is guilty of a misdemeanor and |
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on conviction shall result in a fine of not more than $2,500. |
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(d) A person who habitually abuses or neglects to feed or |
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otherwise neglects to properly care for his or her assistance or |
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service animal is subject to seizure of the animal under Subchapter |
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B, Chapter 821, Health and Safety Code. |
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SECTION 3. Chapter 121, Human Resources Code is amended by |
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adding Section 121.007 to read as follows: |
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Sec. 121.007. EVALUATION AND NOTICE REQUIREMENT FOR |
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EMOTIONAL SUPPORT ANIMALS. |
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(a) In this section, “health care practitioner” means an |
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individual issued a license, certificate, registration, title, |
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permit, or other authorization to engage in a health care |
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profession. |
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(b) A health care practitioner may not provide |
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recommendations relating to an individual’s need for an emotional |
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support animal unless the health care practitioner complies with |
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all of the following criteria: |
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(1) Establishes a patient-provider relationship with |
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the patient for at least 30 days prior to providing the |
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recommendation requested regarding the patient’s need for an |
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emotional support animal. |
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(2) Completes a clinical evaluation of the patient |
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regarding the need for an emotional support animal. |
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(3) Provides a verbal or written notice to the |
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individual that knowingly and fraudulently representing oneself to |
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be the owner of any canine licensed as, to be qualified as, or |
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identified as, an assistance or service dog is a misdemeanor |
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violation. |
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(c) A violation of this chapter by a health care |
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practitioner who is licensed, certified, registered, titled, |
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permitted, or otherwise authorized by an agency of this state is |
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subject to investigation and disciplinary proceedings, including |
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warnings, probation or suspension by the licensing agency. If there |
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is evidence that the violations of this chapter constitute a |
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pattern, the agency may: |
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(1) revoke the health care practitioner’s license or |
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other certification; or |
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(2) refer the health care practitioner’s case to the |
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attorney general, a district attorney, a county attorney, or a city |
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attorney. |
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(d) Nothing in this section shall be construed to restrict |
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or change existing federal and state law related to a person’s |
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rights for reasonable accommodation and equal access to housing. |
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SECTION 4. This Act takes effect September 1, 2023. |