Bill Text: TX HB3229 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the use of an assistance animal that provides assistance to a person with a disability; providing a criminal penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-30 - Referred to Human Services [HB3229 Detail]

Download: Texas-2017-HB3229-Introduced.html

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85R5441 MM-F
By: Phelan H.B. No. 3229

A BILL TO BE ENTITLED
AN ACT
relating to the use of an assistance animal that provides
assistance to a person with a disability; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.002, Human Resources Code, is
amended by amending Subdivision (1) and adding Subdivision (5-a) to
read as follows:
(1) "Assistance animal" means an animal that works,
provides assistance, or performs tasks for the benefit of a person
with a disability or that provides to a person with a disability
emotional support that alleviates one or more medically identified
symptoms or effects of the person's disability. The term includes a
service animal [and "service animal" mean a canine that is
specially trained or equipped to help a person with a disability and
that is used by a person with a disability].
(5-a) "Service animal" means a canine that is
specially trained or equipped to do work or perform tasks for a
person with a disability and that is used by a person with a
disability.
SECTION 2. Section 121.003(h), Human Resources Code, is
amended to read as follows:
(h) A person with a total or partial disability who has or
obtains an assistance [a service] animal is entitled to full and
equal access to all housing accommodations provided for in this
section, and may not be required to pay extra compensation or make a
deposit for the animal but is liable for damages done to the
premises by the animal except for reasonable wear and tear.
SECTION 3. Section 121.006(a), Human Resources Code, is
amended to read as follows:
(a) A person who uses a canine [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
the canine [his or her animal] is a specially trained service animal
when training has not in fact been provided, or who misrepresents
the disability-related need for an assistance animal to a landlord
or a landlord's agent or employee, is guilty of a misdemeanor and on
conviction shall be punished by:
(1) a fine of not more than $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.
SECTION 4. This Act takes effect September 1, 2017.