Texas 2023 - 88th Regular

Texas House Bill HB5206 Compare Versions

Version 1 (Old)

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1	1	By: Goodwin H.B. No. 5206
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to falsely representing that an animal is a service
7	7	animal.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 121.002, Human Resources Code, is
10	10	amended by adding Subdivision (7) to read as follows:
11	11	(7) "Emotional support animal" means a canine that
12	12	does not possess training to do work or perform tasks for a person
13	13	with a disability.
14	14	SECTION 2. Section 121.006, Human Resources Code is amended
15	15	to read as follows:
16	16	Sec. 121.006. PENALTIES FOR FALSE REPRESENTATION OF ANIMALS
17	17	AS SERVICE [IMPROPER USE OF ASSISTANCE] ANIMALS. (a) A person who
18	18	intentionally or knowingly represents [uses a service animal with a
19	19	harness or leash of the type commonly used by persons with
20	20	disabilities who use trained animals, in order to represent] that
21	21	an [his or her] animal is an assistance or [a] specially trained
22	22	service animal when the animal is not specially trained or equipped
23	23	to help a person with a disability [training has not in fact been
24	24	provided], is guilty of a misdemeanor and on conviction shall be
25	25	punished by:
26	26	(1) a fine of not more than $1,000 [$300]; and
27	27	(2) 30 hours of community service to be performed for a
28	28	governmental entity or nonprofit organization that primarily
29	29	serves persons with visual impairments or other disabilities, or
30	30	for another entity or organization at the discretion of the court,
31	31	to be completed in not more than one year.
32	32	(b) A person or business that sells or provides a
33	33	certificate, identification, tag, vest, leash, or harness for pet
34	34	or an emotional support animal shall provide a written notice in at
35	35	least 14 point bold type to the buyer or recipient that states all
36	36	of the following:
37	37	(1) The item does not entitle the owner of an animal to
38	38	the rights and privileges accorded by Texas or Federal law to the
39	39	owner of an assistance or service animal.
40	40	(2) Intentionally or knowingly representing that an
41	41	animal is an assistance or service animal when the animal is not
42	42	specially trained to assist a person with a disability is a
43	43	misdemeanor.
44	44	(c) A person or business that fails to provide the written
45	45	notice as required by this subsection is guilty of a misdemeanor and
46	46	on conviction shall result in a fine of not more than $2,500.
47	47	(d) A person who habitually abuses or neglects to feed or
48	48	otherwise neglects to properly care for his or her assistance or
49	49	service animal is subject to seizure of the animal under Subchapter
50	50	B, Chapter 821, Health and Safety Code.
51	51	SECTION 3. Chapter 121, Human Resources Code is amended by
52	52	adding Section 121.007 to read as follows:
53	53	Sec. 121.007. EVALUATION AND NOTICE REQUIREMENT FOR
54	54	EMOTIONAL SUPPORT ANIMALS.
55	55	(a) In this section, “health care practitioner” means an
56	56	individual issued a license, certificate, registration, title,
57	57	permit, or other authorization to engage in a health care
58	58	profession.
59	59	(b) A health care practitioner may not provide
60	60	recommendations relating to an individual’s need for an emotional
61	61	support animal unless the health care practitioner complies with
62	62	all of the following criteria:
63	63	(1) Establishes a patient-provider relationship with
64	64	the patient for at least 30 days prior to providing the
65	65	recommendation requested regarding the patient’s need for an
66	66	emotional support animal.
67	67	(2) Completes a clinical evaluation of the patient
68	68	regarding the need for an emotional support animal.
69	69	(3) Provides a verbal or written notice to the
70	70	individual that knowingly and fraudulently representing oneself to
71	71	be the owner of any canine licensed as, to be qualified as, or
72	72	identified as, an assistance or service dog is a misdemeanor
73	73	violation.
74	74	(c) A violation of this chapter by a health care
75	75	practitioner who is licensed, certified, registered, titled,
76	76	permitted, or otherwise authorized by an agency of this state is
77	77	subject to investigation and disciplinary proceedings, including
78	78	warnings, probation or suspension by the licensing agency. If there
79	79	is evidence that the violations of this chapter constitute a
80	80	pattern, the agency may:
81	81	(1) revoke the health care practitioner’s license or
82	82	other certification; or
83	83	(2) refer the health care practitioner’s case to the
84	84	attorney general, a district attorney, a county attorney, or a city
85	85	attorney.
86	86	(d) Nothing in this section shall be construed to restrict
87	87	or change existing federal and state law related to a person’s
88	88	rights for reasonable accommodation and equal access to housing.
89	89	SECTION 4. This Act takes effect September 1, 2023.