By: Goodwin H.B. No. 5206
A BILL TO BE ENTITLED
AN ACT
relating to falsely representing that an animal is a service
animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.002, Human Resources Code, is
amended by adding Subdivision (7) to read as follows:
(7) "Emotional support animal" means a canine that
does not possess training to do work or perform tasks for a person
with a disability.
SECTION 2. Section 121.006, Human Resources Code is amended
to read as follows:
Sec. 121.006. PENALTIES FOR FALSE REPRESENTATION OF ANIMALS
AS SERVICE [IMPROPER USE OF ASSISTANCE] ANIMALS. (a) A person who
intentionally or knowingly represents [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 or [a] specially trained
service animal when the animal is not specially trained or equipped
to help a person with a disability [training has not in fact been
provided], is guilty of a misdemeanor 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 or business that sells or provides a
certificate, identification, tag, vest, leash, or harness for pet
or an emotional support animal shall provide a written notice in at
least 14 point bold type to the buyer or recipient that states all
of the following:
(1) The item does not entitle the owner of an animal to
the rights and privileges accorded by Texas or Federal law to the
owner of an assistance or service animal.
(2) Intentionally or knowingly representing that an
animal is an assistance or service animal when the animal is not
specially trained to assist a person with a disability is a
misdemeanor.
(c) A person or business that fails to provide the written
notice as required by this subsection is guilty of a misdemeanor and
on conviction shall result in a fine of not more than $2,500.
(d) A person who habitually abuses or neglects to feed or
otherwise neglects to properly care for his or her assistance or
service animal is subject to seizure of the animal under Subchapter
B, Chapter 821, Health and Safety Code.
SECTION 3. Chapter 121, Human Resources Code is amended by
adding Section 121.007 to read as follows:
Sec. 121.007. EVALUATION AND NOTICE REQUIREMENT FOR
EMOTIONAL SUPPORT ANIMALS.
(a) In this section, “health care practitioner” means an
individual issued a license, certificate, registration, title,
permit, or other authorization to engage in a health care
profession.
(b) A health care practitioner may not provide
recommendations relating to an individual’s need for an emotional
support animal unless the health care practitioner complies with
all of the following criteria:
(1) Establishes a patient-provider relationship with
the patient for at least 30 days prior to providing the
recommendation requested regarding the patient’s need for an
emotional support animal.
(2) Completes a clinical evaluation of the patient
regarding the need for an emotional support animal.
(3) Provides a verbal or written notice to the
individual that knowingly and fraudulently representing oneself to
be the owner of any canine licensed as, to be qualified as, or
identified as, an assistance or service dog is a misdemeanor
violation.
(c) A violation of this chapter by a health care
practitioner who is licensed, certified, registered, titled,
permitted, or otherwise authorized by an agency of this state is
subject to investigation and disciplinary proceedings, including
warnings, probation or suspension by the licensing agency. If there
is evidence that the violations of this chapter constitute a
pattern, the agency may:
(1) revoke the health care practitioner’s license or
other certification; or
(2) refer the health care practitioner’s case to the
attorney general, a district attorney, a county attorney, or a city
attorney.
(d) Nothing in this section shall be construed to restrict
or change existing federal and state law related to a person’s
rights for reasonable accommodation and equal access to housing.
SECTION 4. This Act takes effect September 1, 2023.