By: Cortez, Goodwin (Senate Sponsor - Whitmire) H.B. No. 4164
(In the Senate - Received from the House May 15, 2023;
May 15, 2023, read first time and referred to Committee on Criminal
Justice; May 19, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
FloresX
BettencourtX
HinojosaX
HuffmanX
KingX
MilesX
A BILL TO BE ENTITLED
AN ACT
relating to the improper use and treatment of an assistance animal
or service animal; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.006, Human Resources Code, is
amended to read as follows:
Sec. 121.006. [PENALTIES FOR] IMPROPER USE OF ASSISTANCE
AND SERVICE ANIMALS; OFFENSE. (a) A person commits an offense if
the person intentionally or knowingly represents [who uses a
service animal with a harness or leash of the type commonly used by
persons with disabilities who use trained animals, in order to
represent] that an [his or her] animal is an assistance animal or a
[specially trained] service animal when the animal is not specially
trained or equipped to help a person with a disability. An offense
under this subsection [training has not in fact been provided,] is
[guilty of] a misdemeanor punishable [and on conviction shall be
punished] by:
(1) a fine of not more than $1,000 [$300]; and
(2) 30 hours of community service to be performed for a
governmental entity or nonprofit organization that primarily
serves persons with visual impairments or other disabilities, or
for another entity or organization at the discretion of the court,
to be completed in not more than one year.
(b) A person who habitually abuses or neglects to feed or
otherwise neglects to properly care for the person's [his or her]
assistance animal or service animal is subject to seizure of the
animal under Subchapter B, Chapter 821, Health and Safety Code.
SECTION 2. Section 121.006(a), Human Resources Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2023.
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