By: Harris, et al. (Senate Sponsor - Whitmire) H.B. No. 1071
(In the Senate - Received from the House April 12, 2021;
April 14, 2021, read first time and referred to Committee on
Criminal Justice; May 6, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 6, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1071 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the presence of a qualified facility dog 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 IN COURT
PROCEEDING. (a) In this section, "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.
(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 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 to accompany a witness testifying at the court
proceeding if:
(1) the presence of the dog 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.
(d) A handler who is trained to manage the qualified
facility dog must accompany the dog 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 during the court proceeding; and
(2) issue instructions to the jury, as applicable,
regarding the presence of the dog.
SECTION 2. This Act takes effect September 1, 2021.
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