H.B. No. 1071
AN ACT
relating to the presence of a qualified facility dog or qualified
therapy 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 OR
QUALIFIED THERAPY DOG IN COURT PROCEEDING. (a) In this section:
(1) "Qualified facility dog" means a dog that:
(A) is a graduate of a program operated by an
assistance dog organization that is a member of a nationally
recognized assistance dog association; or
(B) before January 1, 2021, on the approval of
the court, served in a court proceeding by accompanying a witness
who was testifying.
(2) "Qualified therapy dog" means a dog that
successfully completes a program operated by an organization that
registers, insures, or certifies a therapy dog and the dog'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 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 or qualified therapy 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 or qualified therapy 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 or qualified therapy 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1071 was passed by the House on April
9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1071 on May 18, 2021, by the following vote: Yeas 137, Nays 4,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1071 was passed by the Senate, with
amendments, on May 12, 2021, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor