By: Taylor S.B. No. 1010
(In the Senate - Filed March 1, 2013; March 12, 2013, read
first time and referred to Committee on Agriculture, Rural Affairs,
and Homeland Security; April 22, 2013, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 4, Nays
0; April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1010 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to access to certain facilities by search and rescue dogs
and their handlers; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 785 to read as follows:
CHAPTER 785. SEARCH AND RESCUE DOGS
Sec. 785.001. DEFINITIONS. In this chapter:
(1) "Handler" means a person who handles a search and
rescue dog and who is certified by the National Association for
Search and Rescue or another state or nationally recognized search
and rescue agency.
(2) "Housing accommodations" has the meaning assigned
by Section 121.002(3), Human Resources Code.
(3) "Public facility" means a facility described by
Section 121.002(5), Human Resources Code.
(4) "Search and rescue dog" means a canine that is
trained or being trained to assist a nationally recognized search
and rescue agency in search and rescue activities.
Sec. 785.002. DISCRIMINATION PROHIBITED. (a) The owner,
manager, or operator of a public facility, or an employee or other
agent of the owner, manager, or operator, may not deny a search and
rescue dog admittance to the facility.
(b) The owner, manager, or operator of a public facility, or
an employee or other agent of the owner, manager, or operator, may
not deny a search and rescue dog's handler admittance to the
facility because of the presence of the handler's search and rescue
dog.
(c) The owner, manager, or operator of a common carrier,
airplane, railroad train, motor bus, streetcar, boat, or other
public conveyance or mode of transportation operating within this
state, or an employee or other agent of the owner, manager, or
operator, may not:
(1) refuse to accept as a passenger a search and rescue
dog or the dog's handler; or
(2) require the dog's handler to pay an additional fare
because of the search and rescue dog.
(d) The discrimination prohibited by this section includes:
(1) refusing to allow a search and rescue dog or the
dog's handler to use or be admitted to a public facility;
(2) a ruse or subterfuge calculated to prevent or
discourage a search and rescue dog or the dog's handler from using
or being admitted to a public facility; and
(3) failing to make a reasonable accommodation in a
policy, practice, or procedure to allow a search and rescue dog or
the dog's handler to be admitted to a public facility.
(e) A policy relating to the use of a public facility by a
designated class of persons from the general public may not
prohibit the use of the particular public facility by a search and
rescue dog or the dog's handler.
(f) A search and rescue dog's handler is entitled to full
and equal access, in the same manner as other members of the general
public, to all housing accommodations offered for rent, lease, or
compensation in this state, subject to any condition or limitation
established by law that applies to all persons, except that the
handler may not be required to pay an extra fee or charge or
security deposit for the search and rescue dog.
Sec. 785.003. PENALTY FOR DISCRIMINATION. (a) A person
who violates Section 785.002 commits an offense. An offense under
this subsection is a misdemeanor punishable by a fine of not less
than $300 or more than $1,000.
(b) It is a defense to prosecution under Subsection (a) that
the actor requested the search and rescue dog handler's credentials
under Section 785.005 and the handler failed to provide the actor
with the credentials.
Sec. 785.004. RESPONSIBILITIES OF HANDLERS; CIVIL
LIABILITY. (a) A handler who accompanies a search and rescue dog
shall keep the dog properly harnessed or leashed. A person may
maintain a cause of action against a dog's handler for personal
injury, property damage, or death resulting from the failure of the
dog's handler to properly harness or leash the dog under the same
law applicable to other causes brought for the redress of injuries
caused by animals.
(b) The handler of a search and rescue dog is liable for any
property damage caused by the search and rescue dog to a public
facility or to housing accommodations.
(c) A governmental unit, as defined by Section 101.001,
Civil Practice and Remedies Code, is subject to liability under
this section only as provided by Chapter 101, Civil Practice and
Remedies Code. A public servant, as defined by Section 108.001,
Civil Practice and Remedies Code, is subject to liability under
this section only as provided by Chapter 108, Civil Practice and
Remedies Code.
Sec. 785.005. CANINE HANDLER CREDENTIALS. A person may ask
a search and rescue dog handler to display proof that the handler is
a person with a certification issued by the National Association
for Search and Rescue or another state or nationally recognized
search and rescue agency.
SECTION 2. This Act takes effect September 1, 2013.
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