85R1169 EES-D
By: Capriglione H.B. No. 996
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of business entities that provide
assistance animals; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. BUSINESS ENTITIES PROVIDING ASSISTANCE ANIMALS
Sec. 113.001. DEFINITION. In this chapter, "assistance
animal" has the meaning assigned by Section 121.002, Human
Resources Code.
Sec. 113.002. REQUIREMENTS FOR BUSINESS ENTITIES PROVIDING
ASSISTANCE ANIMALS. A business entity that provides, by sale or
donation, assistance animals shall:
(1) provide an average of 30 or more hours of
one-on-one training over a 90-day or longer period to each
assistance animal provided by the entity;
(2) obtain a wellness verification from a licensed
veterinarian during the period described by Subdivision (1) for
each assistance animal provided by the entity;
(3) maintain an in-house residential facility in which
each individual using an assistance animal provided by the entity
stays for 10 or more days while receiving at least 30 hours of
training with the assistance animal;
(4) ensure that each assistance animal provided by the
entity has passed the American Kennel Club Canine Good Citizen
test, or a test having standards substantially similar to the
standards of the American Kennel Club Canine Good Citizen test in
effect on September 1, 2017; and
(5) make available follow-up services to each
individual using an assistance animal provided by the entity for
the life of the assistance animal.
Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A business
entity that violates a provision of this chapter is liable to the
state for a civil penalty in an amount not to exceed $500 for each
separate violation and, in the case of a continuing violation, an
amount not to exceed $500 for each subsequent day on which the
violation occurs.
(b) The attorney general or an appropriate prosecuting
attorney may sue to collect a civil penalty under this section.
(c) The attorney general may bring an action in the name of
the state to restrain or enjoin a violation or threatened violation
of this chapter.
Sec. 113.004. CIVIL LIABILITY. (a) A business entity that
sells an assistance animal to a person in violation of this chapter
is liable to the person for the amount the person paid for the
assistance animal.
(b) A person who prevails in an action brought under this
section is also entitled to recover court costs and reasonable
attorney's fees.
SECTION 2. This Act takes effect September 1, 2017.