| 1 | 1 | | 85R5441 MM-F |
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| 2 | 2 | | By: Phelan H.B. No. 3229 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of an assistance animal that provides |
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| 8 | 8 | | assistance to a person with a disability; providing a criminal |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 121.002, Human Resources Code, is |
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| 12 | 12 | | amended by amending Subdivision (1) and adding Subdivision (5-a) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (1) "Assistance animal" means an animal that works, |
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| 15 | 15 | | provides assistance, or performs tasks for the benefit of a person |
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| 16 | 16 | | with a disability or that provides to a person with a disability |
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| 17 | 17 | | emotional support that alleviates one or more medically identified |
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| 18 | 18 | | symptoms or effects of the person's disability. The term includes a |
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| 19 | 19 | | service animal [and "service animal" mean a canine that is |
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| 20 | 20 | | specially trained or equipped to help a person with a disability and |
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| 21 | 21 | | that is used by a person with a disability]. |
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| 22 | 22 | | (5-a) "Service animal" means a canine that is |
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| 23 | 23 | | specially trained or equipped to do work or perform tasks for a |
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| 24 | 24 | | person with a disability and that is used by a person with a |
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| 25 | 25 | | disability. |
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| 26 | 26 | | SECTION 2. Section 121.003(h), Human Resources Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (h) A person with a total or partial disability who has or |
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| 29 | 29 | | obtains an assistance [a service] animal is entitled to full and |
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| 30 | 30 | | equal access to all housing accommodations provided for in this |
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| 31 | 31 | | section, and may not be required to pay extra compensation or make a |
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| 32 | 32 | | deposit for the animal but is liable for damages done to the |
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| 33 | 33 | | premises by the animal except for reasonable wear and tear. |
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| 34 | 34 | | SECTION 3. Section 121.006(a), Human Resources Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | (a) A person who uses a canine [service animal] with a |
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| 37 | 37 | | harness or leash of the type commonly used by persons with |
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| 38 | 38 | | disabilities who use trained animals[,] in order to represent that |
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| 39 | 39 | | the canine [his or her animal] is a specially trained service animal |
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| 40 | 40 | | when training has not in fact been provided, or who misrepresents |
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| 41 | 41 | | the disability-related need for an assistance animal to a landlord |
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| 42 | 42 | | or a landlord's agent or employee, is guilty of a misdemeanor and on |
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| 43 | 43 | | conviction shall be punished by: |
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| 44 | 44 | | (1) a fine of not more than $300; and |
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| 45 | 45 | | (2) 30 hours of community service to be performed for a |
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| 46 | 46 | | governmental entity or nonprofit organization that primarily |
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| 47 | 47 | | serves persons with visual impairments or other disabilities, or |
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| 48 | 48 | | for another entity or organization at the discretion of the court, |
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| 49 | 49 | | to be completed in not more than one year. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2017. |
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