| 1 | 1 | | 85R1169 EES-D |
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| 2 | 2 | | By: Capriglione H.B. No. 996 |
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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 regulation of business entities that provide |
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| 8 | 8 | | assistance animals; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Chapter 113 to read as follows: |
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| 12 | 12 | | CHAPTER 113. BUSINESS ENTITIES PROVIDING ASSISTANCE ANIMALS |
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| 13 | 13 | | Sec. 113.001. DEFINITION. In this chapter, "assistance |
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| 14 | 14 | | animal" has the meaning assigned by Section 121.002, Human |
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| 15 | 15 | | Resources Code. |
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| 16 | 16 | | Sec. 113.002. REQUIREMENTS FOR BUSINESS ENTITIES PROVIDING |
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| 17 | 17 | | ASSISTANCE ANIMALS. A business entity that provides, by sale or |
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| 18 | 18 | | donation, assistance animals shall: |
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| 19 | 19 | | (1) provide an average of 30 or more hours of |
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| 20 | 20 | | one-on-one training over a 90-day or longer period to each |
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| 21 | 21 | | assistance animal provided by the entity; |
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| 22 | 22 | | (2) obtain a wellness verification from a licensed |
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| 23 | 23 | | veterinarian during the period described by Subdivision (1) for |
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| 24 | 24 | | each assistance animal provided by the entity; |
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| 25 | 25 | | (3) maintain an in-house residential facility in which |
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| 26 | 26 | | each individual using an assistance animal provided by the entity |
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| 27 | 27 | | stays for 10 or more days while receiving at least 30 hours of |
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| 28 | 28 | | training with the assistance animal; |
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| 29 | 29 | | (4) ensure that each assistance animal provided by the |
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| 30 | 30 | | entity has passed the American Kennel Club Canine Good Citizen |
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| 31 | 31 | | test, or a test having standards substantially similar to the |
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| 32 | 32 | | standards of the American Kennel Club Canine Good Citizen test in |
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| 33 | 33 | | effect on September 1, 2017; and |
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| 34 | 34 | | (5) make available follow-up services to each |
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| 35 | 35 | | individual using an assistance animal provided by the entity for |
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| 36 | 36 | | the life of the assistance animal. |
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| 37 | 37 | | Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A business |
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| 38 | 38 | | entity that violates a provision of this chapter is liable to the |
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| 39 | 39 | | state for a civil penalty in an amount not to exceed $500 for each |
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| 40 | 40 | | separate violation and, in the case of a continuing violation, an |
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| 41 | 41 | | amount not to exceed $500 for each subsequent day on which the |
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| 42 | 42 | | violation occurs. |
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| 43 | 43 | | (b) The attorney general or an appropriate prosecuting |
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| 44 | 44 | | attorney may sue to collect a civil penalty under this section. |
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| 45 | 45 | | (c) The attorney general may bring an action in the name of |
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| 46 | 46 | | the state to restrain or enjoin a violation or threatened violation |
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| 47 | 47 | | of this chapter. |
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| 48 | 48 | | Sec. 113.004. CIVIL LIABILITY. (a) A business entity that |
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| 49 | 49 | | sells an assistance animal to a person in violation of this chapter |
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| 50 | 50 | | is liable to the person for the amount the person paid for the |
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| 51 | 51 | | assistance animal. |
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| 52 | 52 | | (b) A person who prevails in an action brought under this |
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| 53 | 53 | | section is also entitled to recover court costs and reasonable |
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| 54 | 54 | | attorney's fees. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2017. |
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