| 1 | 1 | | 85R23581 MM-F |
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| 2 | 2 | | By: Neave H.B. No. 2992 |
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| 3 | 3 | | Substitute the following for H.B. No. 2992: |
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| 4 | 4 | | By: Frank C.S.H.B. No. 2992 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to assistance animals used by persons with disabilities |
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| 10 | 10 | | and to the prosecution of the offense of misrepresenting an animal |
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| 11 | 11 | | as an assistance animal or service animal. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 121.002(1), Human Resources Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (1) "Assistance animal" and "service animal" mean a |
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| 16 | 16 | | canine that is specially trained or equipped to do work or perform |
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| 17 | 17 | | tasks to help a person with a disability and that is used by a person |
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| 18 | 18 | | with a disability. |
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| 19 | 19 | | SECTION 2. Section 121.006, Human Resources Code, is |
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| 20 | 20 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (a) A person commits an offense if the person: |
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| 23 | 23 | | (1) claims an animal is an assistance animal or |
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| 24 | 24 | | service animal when the animal is not an assistance animal or |
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| 25 | 25 | | service animal; or |
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| 26 | 26 | | (2) fits an [who uses a service] animal with a harness, |
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| 27 | 27 | | collar, vest, sign, tag, [or] leash, or other form of |
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| 28 | 28 | | identification of the type commonly used by persons with |
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| 29 | 29 | | disabilities who use assistance animals or service animals, or by |
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| 30 | 30 | | persons who train assistance animals or service animals, so that |
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| 31 | 31 | | the person may gain access, permission, or benefits provided to |
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| 32 | 32 | | persons with disabilities who use assistance animals or service |
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| 33 | 33 | | animals by representing [trained animals, in order to represent] |
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| 34 | 34 | | that the [his or her] animal is a specially trained assistance |
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| 35 | 35 | | animal or service animal when training has not in fact been and is |
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| 36 | 36 | | not being provided. |
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| 37 | 37 | | (a-1) An offense under Subsection (a)[,] is [guilty of] a |
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| 38 | 38 | | misdemeanor punishable [and on conviction shall be punished] by: |
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| 39 | 39 | | (1) a fine of not more than $300; and |
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| 40 | 40 | | (2) 30 hours of community service to be performed for a |
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| 41 | 41 | | governmental entity or nonprofit organization that primarily |
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| 42 | 42 | | serves persons with visual impairments or other disabilities, or |
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| 43 | 43 | | for another entity or organization at the discretion of the court, |
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| 44 | 44 | | to be completed in not more than one year. |
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| 45 | 45 | | SECTION 3. The changes in law made by this Act to Section |
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| 46 | 46 | | 121.006, Human Resources Code, apply only to an offense committed |
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| 47 | 47 | | on or after the effective date of this Act. An offense committed |
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| 48 | 48 | | before the effective date of this Act is governed by the law in |
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| 49 | 49 | | effect when the offense was committed, and the former law is |
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| 50 | 50 | | continued in effect for that purpose. For purposes of this section, |
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| 51 | 51 | | an offense was committed before the effective date of this Act if |
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| 52 | 52 | | any element of the offense occurred before that date. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
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