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Texas law on Assistance Animals

Texas Human Resources Code, Chapter 121
http://www.capitol.state.tx.us/statutes/hr.toc.htm

Section 121.002. DEFINITIONS. In this chapter:
(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 (Person is trained); 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. (dog is trained)
(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.
(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.
(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.
(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.
Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, sec.1, eff. June 5, 1985; Acts 1995, 74th Leg., ch. 890, sec.1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, sec. 3, eff. Sept. 1, 1997.

Section 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. (Person can take assistance animal to these places:) Remember : it's not the dog's right to go, it's the person's right to have the dog w/ them. It's the right of the person, not the dog.
(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. (Person can take dog on public transport, e.g. bus, cab, etc.)
(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. (Person can take dog into public places.)
(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.
(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. ((Person can have living assistance animal with them in rented property, e.g. apartment, hotel room, etc.)
(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. (No extra charge for assistance animal, e.g. pet deposit. Although person is liable for damage done by animal.)
(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. (Trainers can take assistance animals into public facilities ? not just the person w/ the disability.)
(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.
Acts 1979, 66th Leg., p. 2426, ch. 842, art. 1, sec.1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, sec 2, eff. Aug. 31, 1981; Acts 1983, 68th Leg., 1st C.S., p. 57, ch. 7, sec10.03(c), eff. Sept. 23, 1983; Acts 1985, 69th Leg., ch. 278, sec 2, eff. June 5, 1985; Acts 1989, 71st Leg., ch. 249,sec 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 890, sec 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, sec 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 261, sec 1, eff. May 22, 2001; Acts 2003, 78th Leg., ch. 710, sec 1, eff. Sept. 1, 2003.

Section 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION.
(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. (This is the misdemeanor section. This makes it something the police and D.A.'s office can pursue.)
(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.(Also grounds for civil suit.) Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, sec. 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 890, sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, sec. 5, eff. Sept. 1, 1997.

Section 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. (Assistance animal must be properly leashed or harnessed- no loose dogs, monkeys, etc. If the animal injures someone, they can sue.)
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, sec. 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, sec. 3, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, sec. 6, eff. Sept. 1, 1997.

Section 121.006. PENALTIES FOR IMPROPER USE OF ASSISTANCE ANIMALS.
(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. (Faking that it's an assistance animal is a criminal offense.)
(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, Health and Safety Code.
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, sec. 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, sec. 4, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, sec. 7, eff. Sept. 1, 1997.

Americans with Disabilities Act

* The ADA itself says "reasonable accommodations"
* It has been interpreted by the courts that reasonable accommodations includes "service animals"
* There is no requirement for ID, certification, where the animal got trained, who trained it, etc.
* What they do examine is the animal's training.
While ADA does not specify standards of training, one thing that could reasonably be considered is the standards set out by Assistance Dogs International, the industry association of organizations that train Assistance Dogs. www.adionline.org
Here is what they say about training standards:

MINIMUM STANDARDS FOR TRAINING SERVICE DOGS
These are intended to be minimum standards for all service dog centers that want to be affiliated with ADI. All centers are encouraged to strive to work at levels above the minimums.
1. A minimum of one hundred twenty (120) hours of training over a period of no less than six (6) months, must take place under the supervision of a program's trainer. During that time at least thirty (30) hours of regularly scheduled training must be devoted to field trips and public exposure.
2. Basic obedience skills the dogs must master with voice and/or hand signals are: sit, stay come, down, heel and off leash recall.
3. The dog must show social behavior skills of no aggression, no inappropriate barking, no biting, no snapping/growling, no inappropriate jumping on strangers, no begging and no sniffing of people.
4. The service dog must be trained to perform at least three physical tasks.
5. The training time with the student prior to placement must be a minimum of no less than 60 hours. This is both public and private. All graduates must be given a solid education in appropriate behavior of the team. The dog should stay as invisible as possible and not interfere with people.
6. The training facility must require the recipient to complete a follow-up progress report once a month for the first six months following the placement. Personal contact will be done by qualified staff or program volunteer within twelve to eighteen (12-18) months of graduation and annually thereafter.
7. Identification of the Service Dog will be accomplished with a laminated ID card with a photo of the dog and partner and names of both recipient and dog. In public the dog must wear a harness, backpack or slicker with a logo that is clear and easy to read and identifiable as a service dog.
8. The staff of the training center must demonstrate knowledge of the disabilities of the clients it works with. Organization shall make available educational material on different disabilities.
9. The recipient must agree to abide by the Minimum Standards for Assistance Dog Partners.
10. At the onset of training, every dog will be spayed or neutered and will have a thorough medical evaluation to determine that the dog does not have any physical problems that would cause difficulty for a working dog.
1/98 - MINIMUM STANDARDS OF TRAINING SERVICE DOGS THAT SEIZURE RESPOND/ALERT
A Seizure Response/Alert dog is a dog trained and placed to work with an individual who has Epilepsy or other seizure disorders. The dog is trained to perform a task or tasks which benefit the recipient by alerting him/her to or by responding appropriately to seizure episodes.
The program must demonstrate knowledge of seizure conditions including but not limited to Epilepsy. The program staff must posses the ability to provide emergency first aid to students during the placement period.
1. A minimum of one hundred twenty (120) hours of training over a period of no less than six (6) months, must take place under the supervision of a program's trainer. During that time at least thirty (30) hours of regularly scheduled training must be devoted to field trips and public exposure.
2. The dog must be able to perform both on and off leash obedience skills with voice and/or hand signals. These commands will include: sit, stay, come, down and heel. Dogs must demonstrate absolute control on and off leash.
3. The dog must show social behavior skills of no aggression, no inappropriate barking, no biting, no snapping/growling, no inappropriate jumping on strangers, no begging and no sniffing of people. Dogs must be unobtrusive and have good household skills.
4. The dog must be trained no less than one "appropriate response skill" i.e.: vocal alert, physical contact alert, activation of an emergency medical alert system, etc.
5. The training time with the student prior to placement must be a minimum of no less than 60 hours. Instruction must include obedience skills, proper behavior and implementation into the home.
6. The training facility must require the recipient to complete a follow-up progress report once a month for the first six months following the placement. Personal contact will be done by qualified staff or program volunteer within eighteen (18) months of graduation and annually thereafter.
7. Identification of the Seizure Response/Alert Dog will be accomplished with a laminated ID card with a photo of the dog and partner and names of both recipient and dog. In public. In the public the dog must wear a harness, backpack or slicker with a logo that is clear and easy to read and identifiable as a service dog.
8. At the onset of training, every dog will be spayed or neutered and will have a thorough medical evaluation to determine that the dogs does not have any physical problems that would cause difficulty for a working dog.
9. It is the program's duty to educate the client to his/her responsibility to inform, in advance, their support system of the proper response to the seizure alert/response dog.
Minimum Standards for Training Hearing Dogs These are intended to be minimum standards for all hearing dog centers that want to be affiliated with ADI. All centers are encouraged to strive to work at levels above the minimums.
1. A minimum of three (3) months/sixty (60) hours of training must take place under the supervision of a program's trainer. During this time, at least twenty (20) hours of regularly scheduled training must be devoted to city work, obedience, and socialization training during the dog?s entire training time.
2. Basic obedience skills the dog must master with voice and/or hand signals are: sit, stay come, down, heel and off leash recall.
3. The dog must show social behavior skills of no aggression, no inappropriate barking, no biting, no snapping/growling, no inappropriate jumping on strangers, no begging and no sniffing of people.
4. Sound awareness skills-Upon hearing a sound, the dog must make physical contact with the recipient and then specifically indicate or lead the person to the source of the sound. All dogs must be trained to at least three (3) sounds.
5. The placement of the Hearing Dog must last at least four (4) days/32 hours. By the end of the placement, the recipient will be able to correctly praise and discipline the dog, care for the dog, practice sound work with the dog, control the dog and enforce obedience skills. During the placement, the trainer will go with the recipient and the dog to do city training and go to stores and a restaurant. Also, during the placement, the trainer, recipient and dog will practice sound work and obedience every day.
6. The training facility must require the recipient to complete a follow-up progress report once a month for the first six months following the placement. Personal contact will be done by qualified staff or program volunteer within twelve to eighteen (12-18) months of graduation and annually thereafter.
7. Identification of the Hearing Dog and recipient will be accomplished with a laminated ID card with a photo of the dog and partner and names of both recipient and dog. The dog must wear a blaze orange collar and leash, approved by ADI, with Hearing Dog printed/stitched on it and a cape with the program's logo whenever in public.
8. The staff of the training center must demonstrate knowledge of deafness, deaf culture and hearing impairment. A staff member or agent must know basic sign language. Organization shall make available educational material on different disabilities.
9. The recipient must agree to abide the Minimum Standards for Assistance Dog Partners.
10. At the onset of training, every dog will be spayed or neutered and will have a thorough medical evaluation to determine that the dog does not have any physical problems that would cause difficulty for a working dog.
1/98 - Minimum Standards for Training Guide Dogs These are intended to be minimum standards for all Guide Dog programs that want to be affiliated with ADI. All centers are encouraged to strive to work levels above the minimums.
The training program must demonstrate the knowledge of blindness and working with the visually impaired and/or blind clients.
1. Guide work training with program trainers must include a minimum of 50 sessions, each session being a minimum of ? hour over a period no less than four months. At least 40 of these sessions must be devoted to field trips and public exposure.
2. The dog must be able to perform on leash, basic obedience skills with voice commands; sit, stay come, down, heel and recall.
3. The dog must show social behavior skills of no aggression, no nuisance barking, no biting, no snapping/growling, no jumping on or sniffing of people, no begging and no other inappropriate social behavior.
4. The Guide Dog will be trained to negotiate obstacles, overhangs, barriers, street crossings, city and country work and public transportation. Blindfold work must be included for each Guide Dog.
5. The training time with the student and dog must be at least 20 days for the first time guide dog user and at least 7 days for a successor Guide Dog user. All students will be given canine education on appropriate behavior, obedience, health care, retirement and user responsibilities as outlined in ADI's Minimum Standards for Assistance Dog Partners. The team must demonstrate proficiency in negotiating obstacles and handling city and country traffic situations.
6. The training program must require the recipient to complete a follow-up progress report as established by their program and offer follow-up care as needed.
7. The school will provide a laminated ID card with a photo of the graduate and dog and names of both. In public the Guide Dog will wear the program's appropriate guide harness.
8. The recipient must agree to abide all user responsibilities as outlined in ADI's Minimum Standards for Assistance Dog Partners.
9. At the onset of training, every dog will be will have passed a thorough medical evaluation to determine that the dogs does not have any physical problems that would cause difficulty for a working dog. Every dog will be spayed or neutered prior to placement.
10. It is the schools responsibility to inform the recipient of any special health and/or maintenance care requirements for each dog.
1/99 -Minimum Standards for Training Social and Facility Dogs
These standards are intended to be minimum standards for all Social and Facility Dog programs affiliated with ADI. All programs are encouraged to work at levels above these standards.
A social or facility dog is a dog who is permanently placed in a home or care giving facility to provide therapeutic benefits. A trained designator facilitator is required to oversee and supervise the activities and care of the dog.
The program must demonstrate the knowledge of the therapy program and the individual disability or the facility's capabilities of implementing the therapy program.
1. A minimum of 50 hours of training over three (3) months must take place under the supervision of the program's trainer. During that time, at least 24 hours of regularly scheduled training must be devoted to field trips and public exposure.
2. The dog must be able to perform basic obedience skills with voice commands and/or hand signals: sit, stay, come, down and heel. Dogs must demonstrate control on and off lead.
3. The dog must show social behavior skills of no aggression, no nuisance barking, no biting, no snapping/growling, no jumping on strangers, no begging and no sniffing of people. Dogs must be unobtrusive and have good household skills.
4. The social or facility dog may be trained for an individual or care facility. The care facility must provide at least one care provider during training.
5. The training time with the student and/or facilitator must be a minimum of 5 days, instruction will include obedience skills, proper behavior and implementation into the home or facility.
6. The training program must require the recipient to complete the follow-up progress reports as established by their program.
7. Social dog and Facility dog access is not recognized as canine assistance under the ADI guidelines. ID and equipment is not necessary, but may be issued at program's discretion if access laws are understood by the individual and/or facility.
8. The recipient must agree to abide by all user responsibilities.
9. Prior to completion of training, each dog will be spayed or neutered and will have passed a thorough medical evaluation to determine that the dog does not have any physical problems that would cause difficulty for a dog's working role.
Minimum Standards for Assistance Dog Partners
("Dog Partners" means the person using the assistance dog.)
The assistance dog partners will agree to the following partner responsibilities:
1. Treat the dog with appreciation and respect.
2. Practice obedience regularly.
3. Practice the dog's skills regularly.
4. Maintain the dog's proper behavior in public and at home.
5. Carry proper identification and be aware of all applicable laws pertaining to assistance dogs.
6. Keep the dog well groomed and well cared for.
7. Practice preventative health care for the dog.
8. Obtain annual health checks and vaccinations for the dog.
9. Abide by all leash and license laws.
10. Follow the training program's requirements for progress reports and medical evaluations.
11. Arrange for the prompt clean up of dog's waste.
12. Educate their support system to the proper disposition of their dog upon emergency illness of death.