Texas 2021 - 87th Regular

Texas House Bill HB801 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3548 EAS-D
2	2	By: Cortez H.B. No. 801
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a certification program for assistance animals;
8	8	authorizing fees; imposing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 822, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. ASSISTANCE ANIMAL CERTIFICATION PROGRAM
13	13	Sec. 822.151. DEFINITIONS. In this subchapter:
14	14	(1) "Assistance animal" means an animal that works,
15	15	provides assistance, or performs tasks for the benefit of an
16	16	individual with a disability or that provides to an individual with
17	17	a disability emotional support to alleviate one or more medically
18	18	identified symptoms or effects of the individual's disability, as
19	19	determined in accordance with the Fair Housing Amendments Act of
20	20	1988 (42 U.S.C. Section 3601 et seq.). The term does not include a
21	21	canine that qualifies under federal or state laws or regulations as
22	22	a service animal for purposes of the Americans with Disabilities
23	23	Act of 1990 (42 U.S.C. Section 12101 et seq.).
24	24	(2) "Board" means the Texas Medical Board.
25	25	(3) "Program" means the assistance animal
26	26	certification program established under this subchapter.
27	27	Sec. 822.152. ESTABLISHMENT OF CERTIFICATION PROGRAM. The
28	28	board shall establish and implement the assistance animal
29	29	certification program to certify assistance animals in this state.
30	30	The program must require:
31	31	(1) an assistance animal to successfully complete an
32	32	obedience training course that meets the minimum standards
33	33	established by board rule;
34	34	(2) an assistance animal to be evaluated in accordance
35	35	with board rules by a licensed veterinarian who has determined that
36	36	the assistance animal:
37	37	(A) has all necessary vaccinations;
38	38	(B) does not have any internal or external
39	39	parasites; and
40	40	(C) has good oral health; and
41	41	(3) the primary owner of the assistance animal to be
42	42	evaluated in accordance with board rules by a mental health
43	43	professional licensed in this state with expertise in emotional
44	44	health to determine whether the owner has a disability that
45	45	necessitates the services of an assistance animal.
46	46	Sec. 822.153. CERTIFICATION REQUIRED. An individual may
47	47	not claim or represent an animal is an assistance animal that allows
48	48	the individual to access benefits provided by law to individuals
49	49	with disabilities who use assistance animals unless the primary
50	50	owner of the animal holds a certificate issued under this
51	51	subchapter for the animal.
52	52	Sec. 822.154. EXEMPTION FROM CERTIFICATION REQUIREMENT.
53	53	This subchapter does not apply to a canine that qualifies under
54	54	federal or state laws or regulations as a service animal for
55	55	purposes of the Americans with Disabilities Act of 1990 (42 U.S.C.
56	56	Section 12101 et seq.).
57	57	Sec. 822.155. CERTIFICATE ISSUANCE. (a) The board shall
58	58	issue a certificate for an animal if the animal and primary owner of
59	59	the animal meet the requirements for certification under this
60	60	subchapter, including the requirements established under Section
61	61	822.152, and the owner applicant:
62	62	(1) submits an application in the form prescribed by
63	63	the board;
64	64	(2) submits evidence in the form prescribed by the
65	65	board demonstrating the animal and owner satisfy the requirements
66	66	for certification under this subchapter;
67	67	(3) pays the required application fee; and
68	68	(4) meets any other requirements established by board
69	69	rule.
70	70	(b) The board shall:
71	71	(1) assign to each assistance animal certified under
72	72	the program a unique identification number; and
73	73	(2) issue to the primary owner of an assistance animal
74	74	certified under the program a certificate that includes:
75	75	(A) the name and identification number of the
76	76	owner's assistance animal; and
77	77	(B) the name of the owner.
78	78	Sec. 822.156. CERTIFICATE TERM AND RENEWAL. (a) A
79	79	certificate issued under this subchapter expires on the first
80	80	anniversary of the date of issuance.
81	81	(b) An individual may renew an unexpired certificate under
82	82	this subchapter by:
83	83	(1) submitting the appropriate renewal form;
84	84	(2) paying the required renewal fee;
85	85	(3) presenting evidence in the form prescribed by the
86	86	board demonstrating the assistance animal certified under the
87	87	program has been examined by a licensed veterinarian who determined
88	88	the assistance animal:
89	89	(A) is physically capable of providing
90	90	assistance animal services; and
91	91	(B) meets the physical health requirements
92	92	described by Section 822.152(2) and established by board rule;
93	93	(4) presenting evidence in the form prescribed by the
94	94	board demonstrating the primary owner of the assistance animal has
95	95	been evaluated by a licensed mental health professional with
96	96	expertise in emotional health who determined the owner has a
97	97	disability that necessitates the services of an assistance animal;
98	98	and
99	99	(5) meeting any other requirements established by
100	100	board rule.
101	101	Sec. 822.157. ASSISTANCE ANIMAL REGISTRY. The board shall
102	102	establish and maintain on the board's Internet website a statewide
103	103	registry for each assistance animal certified under the program.
104	104	The registry must be accessible to the public and allow individuals
105	105	to search by the identification number assigned to an assistance
106	106	animal under Section 822.155.
107	107	Sec. 822.158. MASTER PLANNED COMMUNITIES. (a) An
108	108	assistance animal is not permitted in the common recreational areas
109	109	of a master planned community that is subject to restrictive
110	110	covenants limiting residency in the community to persons 55 years
111	111	of age or older or households with at least one person 55 years of
112	112	age or older unless:
113	113	(1) the assistance animal is certified as required by
114	114	this subchapter; and
115	115	(2) the primary owner of the assistance animal obtains
116	116	permission from administrators of the community for the assistance
117	117	animal to be in the common recreational areas.
118	118	(b) A master planned community described by Subsection (a)
119	119	shall post outside each common recreational area notice:
120	120	(1) that permission is required before an assistance
121	121	animal is permitted in the area; and
122	122	(2) of the procedure for obtaining the permission.
123	123	Sec. 822.159. RULES; FEES. (a) The board shall adopt rules
124	124	necessary to implement this subchapter.
125	125	(b) The board shall impose fees in an amount reasonable and
126	126	necessary to cover the costs of administering this subchapter.
127	127	Sec. 822.160. DISCIPLINARY ACTION; CIVIL PENALTY. (a) The
128	128	board may suspend, revoke, or refuse to issue or renew a certificate
129	129	for a violation of this subchapter or a rule adopted or order issued
130	130	under this subchapter.
131	131	(b) A person who violates this subchapter or a rule adopted
132	132	or order issued under this subchapter is liable to this state for a
133	133	civil penalty not to exceed $1,000 a day. At the request of the
134	134	board, the attorney general shall bring an action to recover a civil
135	135	penalty authorized under this subsection and may recover reasonable
136	136	investigation costs, attorney's fees, and witness and deposition
137	137	fees incurred by the attorney general or board in the civil action.
138	138	SECTION 2. (a) As soon as practicable after the effective
139	139	date of this Act but not later than May 1, 2022, the Texas Medical
140	140	Board shall:
141	141	(1) establish and implement the assistance animal
142	142	certification program as required by Subchapter F, Chapter 822,
143	143	Health and Safety Code, as added by this Act; and
144	144	(2) establish the assistance animal registry as
145	145	required by Section 822.157, Health and Safety Code, as added by
146	146	this Act.
147	147	(b) Notwithstanding Subchapter F, Chapter 822, Health and
148	148	Safety Code, as added by this Act, a person is not required to
149	149	obtain certification for an assistance animal under that subchapter
150	150	before June 1, 2022.
151	151	SECTION 3. This Act takes effect September 1, 2021.