86R11963 JES-D
By: Capriglione, Flynn, Tinderholt, Miller, H.B. No. 3840
Cain
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of individuals or business entities that
provide or train assistance animals for veterans; 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 114 to read as follows:
CHAPTER 114. PROVIDERS AND TRAINERS OF ASSISTANCE ANIMALS FOR
VETERANS
Sec. 114.001. DEFINITIONS. In this chapter:
(1) "Assistance animal" means a canine that is
specially trained or equipped to help a veteran diagnosed with
post-traumatic stress disorder and that is used by a veteran with
post-traumatic stress disorder.
(2) "Veteran" has the meaning assigned by Section
53.001, Human Resources Code.
Sec. 114.002. REQUIREMENTS FOR PROVIDERS OR TRAINERS OF
ASSISTANCE ANIMALS FOR VETERANS. An individual or business entity
that provides, by sale or donation, or trains 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 or trained by the individual or entity;
(2) obtain a wellness verification from a licensed
veterinarian during the period described by Subdivision (1) for
each assistance animal provided or trained by the individual or
entity;
(3) work with each veteran using an assistance animal
provided or trained by the individual or entity for 10 or more days
and provide the veteran at least 30 hours of training with the
assistance animal;
(4) ensure that each assistance animal provided or
trained by the individual or entity has passed:
(A) 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, 2019; and
(B) the Assistance Dogs International Public
Access Test, or a test having standards substantially similar to
the standards of the Assistance Dogs International Public Access
Test in effect on September 1, 2019; and
(5) make available follow-up services to each veteran
using an assistance animal provided or trained by the individual or
entity for the life of the assistance animal.
Sec. 114.003. CIVIL PENALTY; INJUNCTION. (a) An
individual or 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. 114.004. 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, 2019.