Texas 2013 - 83rd Regular

Texas Senate Bill SB1010 Compare Versions

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1	1	By: Taylor S.B. No. 1010
2	2	(Bonnen of Galveston)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain facilities by search and rescue dogs
8	8	and their handlers; providing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
11	11	amended by adding Chapter 785 to read as follows:
12	12	CHAPTER 785. SEARCH AND RESCUE DOGS
13	13	Sec. 785.001. DEFINITIONS. In this chapter:
14	14	(1) "Handler" means a person who handles a search and
15	15	rescue dog and who is certified by the National Association for
16	16	Search and Rescue or another state or nationally recognized search
17	17	and rescue agency.
18	18	(2) "Housing accommodations" has the meaning assigned
19	19	by Section 121.002(3), Human Resources Code.
20	20	(3) "Public facility" means a facility described by
21	21	Section 121.002(5), Human Resources Code.
22	22	(4) "Search and rescue dog" means a canine that is
23	23	trained or being trained to assist a nationally recognized search
24	24	and rescue agency in search and rescue activities.
25	25	Sec. 785.002. DISCRIMINATION PROHIBITED. (a) The owner,
26	26	manager, or operator of a public facility, or an employee or other
27	27	agent of the owner, manager, or operator, may not deny a search and
28	28	rescue dog admittance to the facility.
29	29	(b) The owner, manager, or operator of a public facility, or
30	30	an employee or other agent of the owner, manager, or operator, may
31	31	not deny a search and rescue dog's handler admittance to the
32	32	facility because of the presence of the handler's search and rescue
33	33	dog.
34	34	(c) The owner, manager, or operator of a common carrier,
35	35	airplane, railroad train, motor bus, streetcar, boat, or other
36	36	public conveyance or mode of transportation operating within this
37	37	state, or an employee or other agent of the owner, manager, or
38	38	operator, may not:
39	39	(1) refuse to accept as a passenger a search and rescue
40	40	dog or the dog's handler; or
41	41	(2) require the dog's handler to pay an additional fare
42	42	because of the search and rescue dog.
43	43	(d) The discrimination prohibited by this section includes:
44	44	(1) refusing to allow a search and rescue dog or the
45	45	dog's handler to use or be admitted to a public facility;
46	46	(2) a ruse or subterfuge calculated to prevent or
47	47	discourage a search and rescue dog or the dog's handler from using
48	48	or being admitted to a public facility; and
49	49	(3) failing to make a reasonable accommodation in a
50	50	policy, practice, or procedure to allow a search and rescue dog or
51	51	the dog's handler to be admitted to a public facility.
52	52	(e) A policy relating to the use of a public facility by a
53	53	designated class of persons from the general public may not
54	54	prohibit the use of the particular public facility by a search and
55	55	rescue dog or the dog's handler.
56	56	(f) A search and rescue dog's handler is entitled to full
57	57	and equal access, in the same manner as other members of the general
58	58	public, to all housing accommodations offered for rent, lease, or
59	59	compensation in this state, subject to any condition or limitation
60	60	established by law that applies to all persons, except that the
61	61	handler may not be required to pay an extra fee or charge or
62	62	security deposit for the search and rescue dog.
63	63	Sec. 785.003. PENALTY FOR DISCRIMINATION. (a) A person
64	64	who violates Section 785.002 commits an offense. An offense under
65	65	this subsection is a misdemeanor punishable by a fine of not less
66	66	than $300 or more than $1,000.
67	67	(b) It is a defense to prosecution under Subsection (a) that
68	68	the actor requested the search and rescue dog handler's credentials
69	69	under Section 785.005 and the handler failed to provide the actor
70	70	with the credentials.
71	71	Sec. 785.004. RESPONSIBILITIES OF HANDLERS; CIVIL
72	72	LIABILITY. (a) A handler who accompanies a search and rescue dog
73	73	shall keep the dog properly harnessed or leashed. A person may
74	74	maintain a cause of action against a dog's handler for personal
75	75	injury, property damage, or death resulting from the failure of the
76	76	dog's handler to properly harness or leash the dog under the same
77	77	law applicable to other causes brought for the redress of injuries
78	78	caused by animals.
79	79	(b) The handler of a search and rescue dog is liable for any
80	80	property damage caused by the search and rescue dog to a public
81	81	facility or to housing accommodations.
82	82	(c) A governmental unit, as defined by Section 101.001,
83	83	Civil Practice and Remedies Code, is subject to liability under
84	84	this section only as provided by Chapter 101, Civil Practice and
85	85	Remedies Code. A public servant, as defined by Section 108.001,
86	86	Civil Practice and Remedies Code, is subject to liability under
87	87	this section only as provided by Chapter 108, Civil Practice and
88	88	Remedies Code.
89	89	Sec. 785.005. CANINE HANDLER CREDENTIALS. A person may ask
90	90	a search and rescue dog handler to display proof that the handler is
91	91	a person with a certification issued by the National Association
92	92	for Search and Rescue or another state or nationally recognized
93	93	search and rescue agency.
94	94	SECTION 2. This Act takes effect September 1, 2013.