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| | A BILL TO BE ENTITLED |
| | AN ACT |
| | relating to falsely representing that an animal is a service |
| | animal. |
| | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
| | SECTION 1. Section 121.002, Human Resources Code, is |
| | amended by adding Subdivision (7) to read as follows: |
| | (7) "Emotional support animal" means a canine that |
| | does not possess training to do work or perform tasks for a person |
| | with a disability. |
| | SECTION 2. Section 121.006, Human Resources Code is amended |
| | to read as follows: |
| | Sec. 121.006. PENALTIES FOR FALSE REPRESENTATION OF ANIMALS |
| | AS SERVICE [IMPROPER USE OF ASSISTANCE] ANIMALS. (a) A person who |
| | intentionally or knowingly represents [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 or [a] specially trained |
| | service animal when the animal is not specially trained or equipped |
| | to help a person with a disability [training has not in fact been |
| | provided], is guilty of a misdemeanor 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 or business that sells or provides a |
| | certificate, identification, tag, vest, leash, or harness for pet |
| | or an emotional support animal shall provide a written notice in at |
| | least 14 point bold type to the buyer or recipient that states all |
| | of the following: |
| | (1) The item does not entitle the owner of an animal to |
| | the rights and privileges accorded by Texas or Federal law to the |
| | owner of an assistance or service animal. |
| | (2) Intentionally or knowingly representing that an |
| | animal is an assistance or service animal when the animal is not |
| | specially trained to assist a person with a disability is a |
| | misdemeanor. |
| | (c) A person or business that fails to provide the written |
| | notice as required by this subsection is guilty of a misdemeanor and |
| | on conviction shall result in a fine of not more than $2,500. |
| | (d) A person who habitually abuses or neglects to feed or |
| | otherwise neglects to properly care for his or her assistance or |
| | service animal is subject to seizure of the animal under Subchapter |
| | B, Chapter 821, Health and Safety Code. |
| | SECTION 3. Chapter 121, Human Resources Code is amended by |
| | adding Section 121.007 to read as follows: |
| | Sec. 121.007. EVALUATION AND NOTICE REQUIREMENT FOR |
| | EMOTIONAL SUPPORT ANIMALS. |
| | (a) In this section, “health care practitioner” means an |
| | individual issued a license, certificate, registration, title, |
| | permit, or other authorization to engage in a health care |
| | profession. |
| | (b) A health care practitioner may not provide |
| | recommendations relating to an individual’s need for an emotional |
| | support animal unless the health care practitioner complies with |
| | all of the following criteria: |
| | (1) Establishes a patient-provider relationship with |
| | the patient for at least 30 days prior to providing the |
| | recommendation requested regarding the patient’s need for an |
| | emotional support animal. |
| | (2) Completes a clinical evaluation of the patient |
| | regarding the need for an emotional support animal. |
| | (3) Provides a verbal or written notice to the |
| | individual that knowingly and fraudulently representing oneself to |
| | be the owner of any canine licensed as, to be qualified as, or |
| | identified as, an assistance or service dog is a misdemeanor |
| | violation. |
| | (c) A violation of this chapter by a health care |
| | practitioner who is licensed, certified, registered, titled, |
| | permitted, or otherwise authorized by an agency of this state is |
| | subject to investigation and disciplinary proceedings, including |
| | warnings, probation or suspension by the licensing agency. If there |
| | is evidence that the violations of this chapter constitute a |
| | pattern, the agency may: |
| | (1) revoke the health care practitioner’s license or |
| | other certification; or |
| | (2) refer the health care practitioner’s case to the |
| | attorney general, a district attorney, a county attorney, or a city |
| | attorney. |
| | (d) Nothing in this section shall be construed to restrict |
| | or change existing federal and state law related to a person’s |
| | rights for reasonable accommodation and equal access to housing. |
| | SECTION 4. This Act takes effect September 1, 2023. |
