[NAGDU] HB2992

Fri Apr 14 13:31:33 UTC 2017

Well, it's a nice idea, but the big problems I see with it are:
1.  who decides if a person has a disability?  remember we are talking 
about every conceivable disability, not just blindness.
2. who decides if the dog is task trained?  Again, we are talking about 
all disabilities and all types of service dogs.  People with seizures 
don't have them on cue to demonstrate the dog's skills.

A law like this, while well intention, is for all practical purposes 
unenforceable as written.  It further has the potential to 
significantly  violate any privacy disabled people have regarding their 
disability.  I know blind people don't have an issue with the privacy 
part, but other groups of disabled folks absolutely do.  How about a 
veteran with post traumatic stress disorder having to explain the death 
and mayhem he witnessed and the effects on his life to a clerk at the 
grocery store.

Maybe this was covered in the law in some way that protects disabled 
folks from being questioned everywhere we go and maybe there are 
provisions to address the privacy concerns.   I didn't go read the 
proposed law in it's entirety.

Julie
On 4/14/2017 7:12 AM, Howard J. Levine via NAGDU wrote:
>     
>    
>    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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