[nagdu] Texas Laws Concerning Service dogs
Jenine Stanley
jeninems at wowway.com
Wed Mar 26 00:10:21 UTC 2014
Thanks Marion, that’s the citation I have on the work computer.
Lov e that U of M web site.
Jenine Stanley
jeninems at wowway.com
http://www.twitter.com/jeninems
On Mar 25, 2014, at 6:49 PM, National Association of Guide Dog Users <blind411 at verizon.net> wrote:
> The Texas law is a misdemeanor under the following statutes
> obtained from the University of Michigan College of Law which can be
> accessed at
>
>
>
> http://animallaw.info/statutes/stustxguidedoglaws.htm#s2
>
>
>
>
>
> I would like to work with the Texas affiliate to make sure these laws are
> enforced by the law enforcement agency with jurisdiction.
>
> Fraternally yours,
>
> Marion Gwizdala
>
>
>
>
>
>
> Texas
>
> Consolidated Assistance Animal/Guide Dog Laws
>
>
> <javascript:openWindow('statute_details/details.htm','details','width=400,he
> ight=300,%20scrollbars=yes')> Statute Details
>
> <javascript:openWindow('statute_details/print.htm','print','width=400,height
> =300,%20scrollbars=yes')> Printable Version
> Citation: V. T. C. A., Government Code § 661.910; V. T. C. A., Human
> Resources Code § 121.002 - 007; V. T. C. A., Penal Code § 42.091; V. T. C.
> A., Transportation Code § 552.008 - 010; V. T. C. A., Health & Safety Code §
> 437.02
>
> Citation: TX GOVT § 661.910; TX HUM RES § 121.002 - 007; TX PENAL § 42.091;
> TX TRANSP § 552.008 - 010; TX HEALTH & S § 437.023
>
> Last Checked by Web Center Staff: 11/2013
>
> Summary:
>
> The following statutes comprise the state's relevant assistance animal and
> guide dog laws.
>
>
>
>
> Statute in Full:
>
>
> Vernon's Texas Statutes and Codes Annotated. Government Code. Title 6.
> Public Officers and Employees. Subtitle B. State Officers and Employees
> Chapter 661. Leave. Subchapter Z. Miscellaneous Leave Provisions for State
> Employees.
>
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s661910> § 661.910.
> Assistance Dog Training for Employees With a Disability
>
>
> Vernon's Texas Statutes and Codes Annotated. Human Resources Code. Title 8.
> Rights and Responsibilities of Persons with Disabilities. Chapter 121.
> Participation in Social and Economic Activities.
>
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s2> § 121.002.
> Definitions
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s3> § 121.003.
> Discrimination Prohibited
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s4> § 121.004.
> Penalties for and Damages Resulting from Discrimination
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s5> § 121.005.
> Responsibilities of Persons with Disabilities
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s6> § 121.006.
> Penalties for Improper Use of Assistance Animals
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s7> § 121.007. Blind
> and Disabled Pedestrians - 121.007. Renumbered as V.T.C.A., Transportation
> Code § 552.010 and amended by Acts 2009, 81st Leg., ch. 1272, § 1, eff.
> Sept. 1, 2009
>
>
> Vernon's Texas Statutes and Codes Annotated. Penal Code. Title 9. Offenses
> Against Public Order and Decency. Chapter 42. Disorderly Conduct and Related
> Offenses.
>
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s42091> § 42.091.
> Attack on Assistance Animal
>
>
> Vernon's Texas Statutes and Codes Annotated. Transportation Code. Title 7.
> Vehicles and Traffic. Subtitle C. Rules of the Road. Chapter 552.
> Pedestrians
>
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s552008> § 552.008.
> Drivers to Exercise Due Care
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s552010> § 552.010.
> Blind Pedestrians
>
>
> Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title
> 6. Food, Drugs, Alcohol, and Hazardous Substances. Subtitle A. Food and Drug
> Health Regulations. Chapter 437. Regulation of Food Service Establishments,
> Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
>
>
> <http://animallaw.info/statutes/stustxguidedoglaws.htm#s437_023> § 437.023.
> Service Animals
>
>
>
>
>
>
> Vernon's Texas Statutes and Codes Annotated. Government Code. Title 6.
> Public Officers and Employees. Subtitle B. State Officers and Employees
> Chapter 661. Leave. Subchapter Z. Miscellaneous Leave Provisions for State
> Employees.
>
>
> § 661.910. Assistance Dog Training for Employees With a Disability
>
> (a) A state employee who is a person with a disability, as defined by
> Section 121.002, Human Resources Code, is entitled to a leave of absence
> without a deduction in salary for the purpose of attending a training
> program to acquaint the employee with an assistance dog to be used by the
> employee.
>
> (b) The leave of absence provided by this section may not exceed 10 working
> days in a fiscal year.
>
> CREDIT(S)
>
> Added by Acts 1999, 76th Leg., ch. 279, § 19, eff. Sept. 1, 1999.
>
>
>
>
> Vernon's Texas Statutes and Codes Annotated. Human Resources Code. Title 8.
> Rights and Responsibilities of Persons with Disabilities. Chapter 121.
> Participation in Social and Economic Activities.
>
>
> § 121.002. Definitions
>
> In this chapter:
>
> <Text of subd. (1) effective until Jan. 1, 2014 >
>
> (1) “Assistance animal” means an animal that is specially trained or
> equipped to help a person with a disability and that:
>
> (A) is used by a person with a disability who has satisfactorily completed a
> specific course of training in the use of the animal; and
>
> (B) has been trained by an organization generally recognized by agencies
> involved in the rehabilitation of persons with disabilities as reputable and
> competent to provide animals with training of this type.
>
> <Text of subd. (1) effective Jan. 1, 2014 >
>
> (1) “Assistance 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 .
>
> (2) “Harass” means any conduct that:
>
> (A) is directed at an assistance animal that impedes or interferes with, or
> is intended to impede or interfere with, the animal's performance of its
> duties; or
>
> (B) places a person with a disability who is using an assistance animal, or
> a trainer who is training an assistance animal, in danger of injury.
>
> (3) “Housing accommodations” means all or part of real property that is used
> or occupied or is intended, arranged, or designed to be used or occupied as
> the home, residence, or sleeping place of one or more human beings, except a
> single-family residence whose occupants rent, lease, or furnish for
> compensation only one room.
>
> <Text of subd. (4) effective until Jan. 1, 2014 >
>
> (4) “Person with a disability” means a person who has a mental or physical
> disability, including mental retardation, hearing impairment, deafness,
> speech impairment, visual impairment, or any health impairment that requires
> special ambulatory devices or services.
>
> <Text of subd. (4) effective Jan. 1, 2014 >
>
> (4) “Person with a disability” means a person who has:
>
> (A) a mental or physical disability;
>
> (B) an intellectual or developmental disability;
>
> (C) a hearing impairment;
>
> (D) deafness;
>
> (E) a speech impairment;
>
> (F) a visual impairment;
>
> (G) post-traumatic stress disorder; or
>
> (H) any health impairment that requires special ambulatory devices or
> services.
>
> <Text of subd. (5) effective until Jan. 1, 2014 >
>
> (5) “Public facilities” includes a street, highway, sidewalk, walkway,
> common carrier, airplane, motor vehicle, railroad train, motor bus,
> streetcar, boat, or any other public conveyance or mode of transportation; a
> hotel, motel, or other place of lodging; a public building maintained by any
> unit or subdivision of government; a building to which the general public is
> invited; a college dormitory or other educational facility; a restaurant or
> other place where food is offered for sale to the public; and any other
> place of public accommodation, amusement, convenience, or resort to which
> the general public or any classification of persons from the general public
> is regularly, normally, or customarily invited.
>
> <Text of subd. (5) effective Jan. 1, 2014 >
>
> (5) “Public facility ” includes a street, highway, sidewalk, walkway, common
> carrier, airplane, motor vehicle, railroad train, motor bus, streetcar,
> boat, or any other public conveyance or mode of transportation; a hotel,
> motel, or other place of lodging; a public building maintained by any unit
> or subdivision of government; a retail business, commercial establishment,
> or office building to which the general public is invited; a college
> dormitory or other educational facility; a restaurant or other place where
> food is offered for sale to the public; and any other place of public
> accommodation, amusement, convenience, or resort to which the general public
> or any classification of persons from the general public is regularly,
> normally, or customarily invited.
>
> (6) “White cane” means a cane or walking stick that is metallic or white in
> color, or white tipped with a contrasting color, and that is carried by a
> blind person to assist the blind person in traveling from place to place.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 1, eff. Aug. 31, 1981;
> Acts 1985, 69th Leg., ch. 278, § 1, eff. June 5, 1985; Acts 1995, 74th Leg.,
> ch. 890, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, § 3, eff.
> Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 2, eff. Jan. 1,
> 2014.
>
>
>
> § 121.003. Discrimination Prohibited
>
> (a) Persons with disabilities have the same right as the able-bodied to the
> full use and enjoyment of any public facility in the state.
>
> <Text of subsec. (b) effective until Jan. 1, 2014>
>
> (b) No common carrier, airplane, railroad train, motor bus, streetcar, boat,
> or other public conveyance or mode of transportation operating within the
> state may refuse to accept as a passenger a person with a disability solely
> because of the person's disability, nor may a person with a disability be
> required to pay an additional fare because of his or her use of an
> assistance animal, wheelchair, crutches, or other device used to assist a
> person with a disability in travel.
>
> <Text of subsec. (b) effective Jan. 1, 2014>
>
> (b) No common carrier, airplane, railroad train, motor bus, streetcar, boat,
> or other public conveyance or mode of transportation operating within the
> state may refuse to accept as a passenger a person with a disability because
> of the person's disability, nor may a person with a disability be required
> to pay an additional fare because of his or her use of a service animal,
> wheelchair, crutches, or other device used to assist a person with a
> disability in travel.
>
> (c) No person with a disability may be denied admittance to any public
> facility in the state because of the person's disability. No person with a
> disability may be denied the use of a white cane, assistance animal,
> wheelchair, crutches, or other device of assistance.
>
> <Text of subsec. (d) effective until Jan. 1, 2014>
>
> (d) The discrimination prohibited by this section includes a refusal to
> allow a person with a disability to use or be admitted to any public
> facility, a ruse or subterfuge calculated to prevent or discourage a person
> with a disability from using or being admitted to a public facility, and a
> failure to:
>
> (1) comply with Article 9102, Revised Statutes;
>
> (2) make reasonable accommodations in policies, practices, and procedures;
> or
>
> (3) provide auxiliary aids and services necessary to allow the full use and
> enjoyment of the public facility.
>
> <Text of subsec. (d) effective Jan. 1, 2014>
>
> (d) The discrimination prohibited by this section includes a refusal to
> allow a person with a disability to use or be admitted to any public
> facility, a ruse or subterfuge calculated to prevent or discourage a person
> with a disability from using or being admitted to a public facility, and a
> failure to:
>
> (1) comply with Chapter 469, Government Code ;
>
> (2) make reasonable accommodations in policies, practices, and procedures;
> or
>
> (3) provide auxiliary aids and services necessary to allow the full use and
> enjoyment of the public facility.
>
> (e) Regulations relating to the use of public facilities by any designated
> class of persons from the general public may not prohibit the use of
> particular public facilities by persons with disabilities who, except for
> their disabilities or use of assistance animals or other devices for
> assistance in travel, would fall within the designated class.
>
> (f) It is the policy of the state that persons with disabilities be employed
> by the state, by political subdivisions of the state, in the public schools,
> and in all other employment supported in whole or in part by public funds on
> the same terms and conditions as persons without disabilities, unless it is
> shown that there is no reasonable accommodation that would enable a person
> with a disability to perform the essential elements of a job.
>
> (g) Persons with disabilities shall be entitled to full and equal access, as
> other members of the general public, to all housing accommodations offered
> for rent, lease, or compensation in this state, subject to the conditions
> and limitations established by law and applicable alike to all persons.
>
> <Text of subsec. (h) effective until Jan. 1, 2014>
>
> (h) A person with a total or partial disability who has or obtains an
> assistance 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 for the animal but is liable for damages done to the
> premises by the animal.
>
> <Text of subsec. (h) effective Jan. 1, 2014>
>
> (h) A person with a total or partial disability who has or obtains 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.
>
> <Text of subsec. (i) effective until Jan. 1, 2014>
>
> (i) An assistance animal in training shall not be denied admittance to any
> public facility when accompanied by an approved trainer who is an agent of
> an organization generally recognized by agencies involved in the
> rehabilitation of persons who are disabled as reputable and competent to
> provide training for assistance animals, and/or their handlers.
>
> <Text of subsec. (i) effective Jan. 1, 2014>
>
> (i) A service animal in training shall not be denied admittance to any
> public facility when accompanied by an approved trainer .
>
> (j) A person may not assault, harass, interfere with, kill, or injure in any
> way, or attempt to assault, harass, interfere with, kill, or injure in any
> way, an assistance animal.
>
> <Text of subsec. (k) effective Jan. 1, 2014>
>
> (k) Except as provided by Subsection (l), a person is not entitled to make
> demands or inquiries relating to the qualifications or certifications of a
> service animal for purposes of admittance to a public facility except to
> determine the basic type of assistance provided by the service animal to a
> person with a disability.
>
> <Text of subsec. (l) effective Jan. 1, 2014>
>
> (l) If a person's disability is not readily apparent, for purposes of
> admittance to a public facility with a service animal, a staff member or
> manager of the facility may inquire about:
>
> (1) whether the service animal is required because the person has a
> disability; and
>
> (2) what type of work or task the service animal is trained to perform.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2426, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 2, eff. Aug. 31, 1981;
> Acts 1983, 68th Leg., 1st C.S., p. 57, ch. 7, § 10.03(c), eff. Sept. 23,
> 1983; Acts 1985, 69th Leg., ch. 278, § 2, eff. June 5, 1985; Acts 1989, 71st
> Leg., ch. 249, § 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 890, § 2,
> eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, § 4, eff. Sept. 1, 1997;
> Acts 2001, 77th Leg., ch. 261, § 1, eff. May 22, 2001; Acts 2003, 78th Leg.,
> ch. 710, § 1, eff. Sept. 1, 2003; Acts 2013, 83rd Leg., ch. 838 (H.B. 489),
> § 3, eff. Jan. 1, 2014.
>
>
>
> § 121.004. Penalties for and Damages Resulting from Discrimination
>
> <Text of section effective until Jan. 1, 2014. See, also, text of § 121.004
> effective Jan. 1, 2014.>
>
> (a) A person, firm, association, corporation, or other organization, or the
> agent of a person, firm, association, corporation, or other organization who
> violates a provision of Section 121.003 commits an offense. An offense under
> this subsection is a misdemeanor punishable by a fine of not less than $300
> or more than $1,000.
>
> (b) In addition to the penalty provided in Subsection (a) of this section, a
> person, firm, association, corporation, or other organization, or the agent
> of a person, firm, association, corporation, or other organization, who
> violates the provisions of Section 121.003 of this chapter is deemed to have
> deprived a person with a disability of his or her civil liberties. The
> person with a disability deprived of his or her civil liberties may maintain
> a cause of action for damages in a court of competent jurisdiction, and
> there is a conclusive presumption of damages in the amount of at least $100
> to the person with a disability.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1995, 74th Leg., ch. 890, § 3, eff. Sept. 1, 1995; Acts
> 1997, 75th Leg., ch. 649, § 5, eff. Sept. 1, 1997.
>
>
>
> § 121.005. Responsibilities of Persons with Disabilities
>
> (a) A person with a disability who uses an assistance animal for assistance
> in travel is liable for any damages done to the premises or facilities by
> the animal.
>
> (b) A person with a disability who uses an assistance animal for assistance
> in travel or auditory awareness shall keep the animal properly harnessed or
> leashed, and a person who is injured by the animal because of the failure of
> a person with a disability to properly harness or leash the animal is
> entitled to maintain a cause of action for damages in a court of competent
> jurisdiction under the same law applicable to other causes brought for the
> redress of injuries caused by animals.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 3, eff. Aug. 31, 1981;
> Acts 1985, 69th Leg., ch. 278, § 3, eff. June 5, 1985; Acts 1997, 75th Leg.,
> ch. 649, § 6, eff. Sept. 1, 1997.
>
>
>
> § 121.006. Penalties for Improper Use of Assistance Animals
>
> <Text of subsec. (a) effective until Jan. 1, 2014>
>
> (a) A person who uses an assistance animal with a harness or leash of the
> type commonly used by persons with disabilities who use trained animals, in
> order to represent that his or her animal is a specially trained assistance
> animal when training of the type described in Section 121.002(1)(B) of this
> chapter has not in fact been provided, is guilty of a misdemeanor and on
> conviction shall be punished by a fine of not more than $200.
>
> <Text of subsec. (a) effective Jan. 1, 2014>
>
> (a) A person 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 his or her animal is a specially trained service animal
> when 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 $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 his or her assistance animal is subject to seizure of
> the animal under Subchapter B, Chapter 821, [FN1] Health and Safety Code.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, § 4, eff. Aug. 31, 1981;
> Acts 1985, 69th Leg., ch. 278, § 4, eff. June 5, 1985; Acts 1997, 75th Leg.,
> ch. 649, § 7, eff. Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489),
> § 5, eff. Jan. 1, 2014.
>
> [FN1] V.T.C.A., Health and Safety Code § 821.021 et seq.
>
>
>
> § 121.007. Blind and Disabled Pedestrians - 121.007. Renumbered as
> V.T.C.A., Transportation Code § 552.010 and amended by Acts 2009, 81st Leg.,
> ch. 1272, § 1, eff. Sept. 1, 2009
>
>
>
>
> Vernon's Texas Statutes and Codes Annotated. Transportation Code. Title 7.
> Vehicles and Traffic. Subtitle C. Rules of the Road. Chapter 552.
> Pedestrians.
>
>
> § 552.008. Drivers to Exercise Due Care
>
> Notwithstanding another provision of this chapter, the operator of a vehicle
> shall:
>
> (1) exercise due care to avoid colliding with a pedestrian on a roadway;
>
> (2) give warning by sounding the horn when necessary; and
>
> (3) exercise proper precaution on observing a child or an obviously confused
> or incapacitated person on a roadway.
>
> CREDIT(S)
>
> Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
>
>
>
> § 552.010. Blind Pedestrians
>
> (a) No person may carry a white cane on a public street or highway unless
> the person is totally or partially blind.
>
> (b) The driver of a vehicle approaching an intersection or crosswalk where a
> pedestrian guided by an assistance animal or carrying a white cane is
> crossing or attempting to cross shall take necessary precautions to avoid
> injuring or endangering the pedestrian. The driver shall bring the vehicle
> to a full stop if injury or danger can be avoided only by that action.
>
> (c) If it is shown on the trial of an offense under this section that as a
> result of the commission of the offense a collision occurred causing serious
> bodily injury or death to a blind person, the offense is a misdemeanor
> punishable by:
>
> (1) a fine of not more than $500; and
>
> (2) 30 hours of community service to an organization or agency that
> primarily serves visually impaired or disabled persons, to be completed in
> not less than six months and not more than one year.
>
> (c-1) A portion of the community service required under Subsection (c)(2)
> shall include sensitivity training.
>
> (d) For the purposes of this section:
>
> (1) “Assistance animal” has the meaning assigned by Section 121.002, Human
> Resources Code.
>
> (2) “White cane” has the meaning assigned by Section 121.002, Human
> Resources Code.
>
> (e) If conduct constituting an offense under this section also constitutes
> an offense under another section of this code or the Penal Code, the actor
> may be prosecuted under either section or both sections.
>
> CREDIT(S)
>
> Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 1979.
> Amended by Acts 1985, 69th Leg., ch. 278, § 5, eff. June 5, 1985; Acts 1997,
> 75th Leg., ch. 649, § 8, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human
> Resources Code § 121.007 and amended by Acts 2009, 81st Leg., ch. 1272, § 1,
> eff. Sept. 1, 2009.
>
>
>
>
> Vernon's Texas Statutes and Codes Annotated. Penal Code. Title 9. Offenses
> Against Public Order and Decency. Chapter 42. Disorderly Conduct and Related
> Offenses.
>
>
> § 42.091. Attack on Assistance Animal
>
> (a) A person commits an offense if the person intentionally, knowingly, or
> recklessly attacks, injures, or kills an assistance animal.
>
> (b) A person commits an offense if the person intentionally, knowingly, or
> recklessly incites or permits an animal owned by or otherwise in the custody
> of the actor to attack, injure, or kill an assistance animal and, as a
> result of the person's conduct, the assistance animal is attacked, injured,
> or killed.
>
> (c) An offense under this section is a:
>
> (1) Class A misdemeanor if the actor or an animal owned by or otherwise in
> the custody of the actor attacks an assistance animal;
>
> (2) state jail felony if the actor or an animal owned by or otherwise in the
> custody of the actor injures an assistance animal; or
>
> (3) felony of the third degree if the actor or an animal owned by or
> otherwise in the custody of the actor kills an assistance animal.
>
> (d) A court shall order a defendant convicted of an offense under Subsection
> (a) to make restitution to the owner of the assistance animal for:
>
> (1) related veterinary or medical bills;
>
> (2) the cost of:
>
> (A) replacing the assistance animal; or
>
> (B) retraining an injured assistance animal by an organization generally
> recognized by agencies involved in the rehabilitation of persons with
> disabilities as reputable and competent to provide special equipment for or
> special training to an animal to help a person with a disability; and
>
> (3) any other expense reasonably incurred as a result of the offense.
>
> (e) In this section:
>
> (1) "Assistance animal" has the meaning assigned by Section 121.002, Human
> Resources Code.
>
> (2) "Custody" has the meaning assigned by Section 42. 09.
>
> CREDIT(S)
>
> Added by Acts 2003, 78th Leg., ch. 710, § 2, eff. Sept. 1, 2003.
>
>
>
>
> Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title
> 6. Food, Drugs, Alcohol, and Hazardous Substances. Subtitle A. Food and Drug
> Health Regulations. Chapter 437. Regulation of Food Service Establishments,
> Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
>
>
> § 437.023. Service Animals
>
> <Text of section effective Jan. 1, 2014 >
>
> (a) A food service establishment, retail food store, or other entity
> regulated under this chapter may not deny a service animal admittance into
> an area of the establishment or store or of the physical space occupied by
> the entity that is open to customers and is not used to prepare food if:
>
> (1) the service animal is accompanied and controlled by a person with a
> disability; or
>
> (2) the service animal is in training and is accompanied and controlled by
> an approved trainer.
>
> (b) If a service animal is accompanied by a person whose disability is not
> readily apparent, for purposes of admittance to a food service
> establishment, retail food store, or physical space occupied by another
> entity regulated under this chapter, a staff member of the establishment,
> store, or entity may only inquire about:
>
> (1) whether the service animal is required because the person has a
> disability; and
>
> (2) what type of work the service animal is trained to perform.
>
> (c) In this section, “service animal” means a canine that is specially
> trained or equipped to help a person with a disability. An animal that
> provides only comfort or emotional support to a person is not a service
> animal under this section. The tasks that a service animal may perform in
> order to help a person with a disability must be directly related to the
> person's disability and may include:
>
> (1) guiding a person who has a visual impairment;
>
> (2) alerting a person who has a hearing impairment or who is deaf;
>
> (3) pulling a wheelchair;
>
> (4) alerting and protecting a person who has a seizure disorder;
>
> (5) reminding a person who has a mental illness to take prescribed
> medication; and
>
> (6) calming a person who has post-traumatic stress disorder.
>
> CREDIT(S)
>
> Added by Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 1, eff. Jan. 1, 2014.
>
>
>
>
>
>
>
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