[NAGDU] HB2992

Fri Apr 14 12:12:40 UTC 2017

  By: Neave H.B. No. 2992 

A BILL TO BE ENTITLED

AN ACT

   relating to assistance animals used by persons with disabilities  
   and to the prosecution of the offense of misrepresenting an animal  
   as an assistance animal. 
          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 
          SECTION 1.  Section 121.002(1), Human Resources Code, is  
   amended to read as follows: 
                (1)  "Assistance animal" and "service animal" mean a  
   canine that is specially trained or equipped to do work or perform  
   tasks to help a person with a disability and that is used by a person  
   with a disability. 
          SECTION 2.  Section 121.006, Human Resources Code, is  
   amended by amending Subsection (a) and adding Subsection (a-1) to  
   read as follows: 
          (a)  A person commits an offense if the person fits an [who   
   uses a service] animal with a harness, collar, vest, sign, tag, or  
   leash of the type commonly used by persons with disabilities who use  
   trained animals so that the person can gain access, permission, or  
   benefits provided to persons with disabilities who use assistance  
   animals by representing[, in order to represent] that the [his or   
   her] animal is a specially trained service animal or assistance  
   animal when training has not in fact been provided or is not being  
   provided 
   . 
          (a-1)  An offense under Subsection (a)[,] is [guilty of] a  
   misdemeanor punishable [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 3.  The changes in law made by this Act to Section  
   121.006, Human Resources Code, apply only to an offense committed  
   on or after the effective date of this Act. An offense committed  
   before the effective date of this Act is governed by the law in  
   effect when the offense was committed, and the former law is  
   continued in effect for that purpose. For purposes of this section,  
   an offense was committed before the effective date of this Act if  
   any element of the offense occurred before that date. 
          SECTION 4.  This Act takes effect September 1,  

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan via
NAGDU
Sent: Friday, April 14, 2017 5:13 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Buddy Brannan
Subject: Re: [NAGDU] HB2992

<broken_record>
I think this bill, well intentioned as it is, and as most of this sort do,
is coming at the issue from the wrong angle, judging only by your summary of
it. 
</broken_record>

--
Buddy Brannan, KB5ELV - Erie, PA
Phone: 814-860-3194 
Mobile: 814-431-0962
Email: buddy at brannan.name

> On Apr 14, 2017, at 1:55 AM, Jessica N. Naert via NAGDU <nagdu at nfbnet.org>
wrote:
> 
> Some of us have discussed this a little bit before. On Monday in Texas, HB
2992 is going to committee to be discussed. Victoria Neave's office authored
this bill. Here is what it hopes to accomplish:
> 
> Would provide that a person commits a misdemeanor offense when they
falsely represent their animal as a service animal in order to gain access,
permission, or benefits reserved for people with disabilities who use
service animals. False representation would occur when a person fits an
animal with a harness, collar, vest, sign, tag, or leash of the type
commonly used by service animals when the animal has not in fact been
specially trained.
> 
> For the actual language of the bill:
> http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB02992I.htm
> 
> What do you all think?
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