87R4612 CAE-D
By: Harris, Allison, Ramos, Leach, et al. H.B. No. 1071
A BILL TO BE ENTITLED
AN ACT
relating to the presence of a qualified facility dog or qualified
therapy animal in certain court proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Government Code, is amended by
adding Section 21.012 to read as follows:
Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG OR
QUALIFIED THERAPY ANIMAL IN COURT PROCEEDING. (a) In this section:
(1) "Qualified facility dog" means a dog that is a
graduate of a program operated by an assistance dog organization
that is a member of a nationally recognized assistance dog
association.
(2) "Qualified therapy animal" means an animal that
successfully completes a program operated by an organization that
registers, insures, or certifies a therapy animal and the animal's
handler as meeting or exceeding the standards of practice in
animal-assisted interventions.
(b) Any party to an action filed in a court in this state in
which a proceeding related to the action will be held may petition
the court for an order authorizing a qualified facility dog or
qualified therapy animal to be present with a witness who is
testifying before the court through:
(1) in-person testimony; or
(2) closed-circuit video teleconferencing testimony.
(c) The court may enter an order authorizing a qualified
facility dog or qualified therapy animal to accompany a witness
testifying at the court proceeding if:
(1) the presence of the dog or animal will assist the
witness in providing testimony; and
(2) the party petitioning for the order provides proof
of liability insurance coverage in effect for the dog or animal.
(d) A handler who is trained to manage the qualified
facility dog or qualified therapy animal must accompany the dog or
animal provided for a witness at a court proceeding.
(e) A party to the action must petition the court for an
order under Subsection (b) not later than the 14th day before the
date of the court proceeding.
(f) A court may:
(1) impose restrictions on the presence of the
qualified facility dog or qualified therapy animal during the court
proceeding; and
(2) issue instructions to the jury, as applicable,
regarding the presence of the dog or animal.
SECTION 2. This Act takes effect September 1, 2021.