89R16090 KJE-D
By: Harris Davila H.B. No. 4758
A BILL TO BE ENTITLED
AN ACT
relating to a public school policy to allow a student with a
disability to be accompanied by a handler for the student's service
animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0054 to read as follows:
Sec. 29.0054. ACCOMMODATION FOR STUDENT WITH SERVICE ANIMAL
WHO NEEDS HANDLER. (a) In this section, "service animal" has the
meaning assigned by the Americans with Disabilities Act of 1990 (42
U.S.C. Section 12101 et seq.).
(b) A school district may adopt a policy allowing a student
to be accompanied by a service animal and a handler for the animal
at a district campus if:
(1) the student's admission, review, and dismissal
committee or team established under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), has determined that the student
needs to be accompanied by a service animal to access the district's
educational program; and
(2) the student requires a handler to handle the
animal.
(c) A school district that adopts a policy under Subsection
(b) may require the handler of a service animal to be unobtrusive in
the classroom.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.