Texas 2021 - 87th Regular

Texas House Bill HB1071 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1071
	1	+	By: Harris, et al. (Senate Sponsor - Whitmire) H.B. No. 1071
	2	+	(In the Senate - Received from the House April 12, 2021;
	3	+	April 14, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 6, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 6, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1071 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to the presence of a qualified facility dog ~~or qualified~~
6		-	~~therapy dog in certain~~ court proceedings.
	13	+	relating to the presence of a qualified facility dog in certain
	14	+	court proceedings.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 21, Government Code, is amended by
9	17		adding Section 21.012 to read as follows:
10		-	Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG OR
11		-	QUALIFIED THERAPY DOG IN COURT PROCEEDING. (a) In this section:
12		-	(1) "Qualified facility dog" means a dog that:
13		-	(A) is a graduate of a program operated by an
14		-	assistance dog organization that is a member of a nationally
15		-	recognized assistance dog association; or
16		-	(B) before January 1, 2021, on the approval of
17		-	the court, served in a court proceeding by accompanying a witness
18		-	who was testifying.
19		-	(2) "Qualified therapy dog" means a dog that
20		-	successfully completes a program operated by an organization that
21		-	registers, insures, or certifies a therapy dog and the dog's
22		-	handler as meeting or exceeding the standards of practice in
23		-	animal-assisted interventions.
	18	+	Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG IN COURT
	19	+	PROCEEDING. (a) In this section, "qualified facility dog" means a
	20	+	dog that is a graduate of a program operated by an assistance dog
	21	+	organization that is a member of a nationally recognized assistance
	22	+	dog association.
24	23		(b) Any party to an action filed in a court in this state in
25	24		which a proceeding related to the action will be held may petition
26		-	the court for an order authorizing a qualified facility dog or
27		-	qualified therapy dog to be present with a witness who is testifying
28		-	before the court through:
	25	+	the court for an order authorizing a qualified facility dog to be
	26	+	present with a witness who is testifying before the court through:
29	27		(1) in-person testimony; or
30	28		(2) closed-circuit video teleconferencing testimony.
31	29		(c) The court may enter an order authorizing a qualified
32		-	facility ~~dog or qualified therapy~~ dog to accompany a witness
33		-	~~testifying at the court~~ proceeding if:
	30	+	facility dog to accompany a witness testifying at the court
	31	+	proceeding if:
34	32		(1) the presence of the dog will assist the witness in
35	33		providing testimony; and
36	34		(2) the party petitioning for the order provides proof
37	35		of liability insurance coverage in effect for the dog.
38	36		(d) A handler who is trained to manage the qualified
39		-	facility ~~dog or qualified therapy~~ dog must accompany the dog
40		-	~~provided for a witness at a~~ court proceeding.
	37	+	facility dog must accompany the dog provided for a witness at a
	38	+	court proceeding.
41	39		(e) A party to the action must petition the court for an
42	40		order under Subsection (b) not later than the 14th day before the
43	41		date of the court proceeding.
44	42		(f) A court may:
45	43		(1) impose restrictions on the presence of the
46		-	qualified facility dog or qualified therapy dog during the court
47		-	proceeding; and
	44	+	qualified facility dog during the court proceeding; and
48	45		(2) issue instructions to the jury, as applicable,
49	46		regarding the presence of the dog.
50	47		SECTION 2. This Act takes effect September 1, 2021.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I certify that H.B. No. 1071 was passed by the House on April
54		-	9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
55		-	voting; and that the House concurred in Senate amendments to H.B.
56		-	No. 1071 on May 18, 2021, by the following vote: Yeas 137, Nays 4,
57		-	1 present, not voting.
58		-	______________________________
59		-	Chief Clerk of the House
60		-	I certify that H.B. No. 1071 was passed by the Senate, with
61		-	amendments, on May 12, 2021, by the following vote: Yeas 30, Nays
62		-	0.
63		-	______________________________
64		-	Secretary of the Senate
65		-	APPROVED: __________________
66		-	Date
67		-	__________________
68		-	Governor
	48	+	* * * * *