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Service Animals    

State of Texas House Bill No. 489; 

Signed June 7, 2013


Bill will take effect January 1, 2014

Four breeds of service dogs around an emptly wheelchair.

This bill echoes the spirit and intent of the 2010 ADA Amendments Act. HB 489 prohibits restaurants and other establishments from refusing to allow entry to service dogs or any disabled person. This bill will expand the definition of a service dog to include those who help people with PTSD.

A ‘service animal’ means a dog that is specially trained (or currently in training) or equipped to help a person with a disability.
Note: an animal that provides only comfort or emotional support to a person is NOT a service animal.

A ‘person with a disability’ means a person who has:
    • a mental or physical disability
    • an intellectual or developmental disability
    • a hearing impairment
    • Deafness
    • a visual impairment/ Blind
    • a speech impairment
    • Post-traumatic Stress Disorder
    • or any health problem that requires special ambulatory devices or services

The tasks that that the service dog may perform include:
    • guiding a person with a visual impairment
    • alerting a person who has a hearing impairment
    • pulling a wheelchair
    • alerting and protecting a person who has a Epilepsy or related disorder
    • reminding a person who has a mental illness to take prescribed medication
    • calming a person who has Post-traumatic Stress Disorder (PTSD)
        - calming maybe necessary in crowds, through traffic, social settings and
          during night terrors

A food service establishment, retail food store, or other entity may not deny a service dog admittance into an area of 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:
    • the service dog is accompanied and controlled by a person with a disability; or

  • the service animal is in training and is accompanied and controlled by an approved trainer

If the person with the service dog has a disability that is not ‘readily apparent’, a staff member of the establishment, may ONLY inquire about:
    • whether the service animal is required because the person has a disability; and
    • what type of work the service dog is trained to perform


*It is prohibited to make demands or inquiries relating to the qualifications or certifications of a service dog for purposes of admittance to a public facility

The discrimination prohibited by this bill includes a refusal to allow a person with a disability:
    • to use or be admitted to any public facility
    • not be required to pay extra compensation or make a deposit for the dog, but is liable for     damages done to the premise by the dog- except for reasonable wear and tear

Penalties and damages resulting from discrimination:
A person, firm or association who violates a provision of HB 489 commits an offense- misdemeanor which is punishable by:
    • a fine of no more than $300
    • 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with disabilities

In addition to the penalty provided who violates this bill is deemed to have deprived a person with a disability of his or her civil liberties. The person whose liberties have been affected 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 $300 to the person with a disability.

A person who is not disabled or a disabled person without proper training who uses a dog they claim is a service dog is guiltily of a misdemeanor and on conviction shall be punished by:
    • a fine of no more than $300
    • 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with disabilities


Dogs of all breeds and sizes can be service dogs when they are properly trained. Examples of service dogs:

A small service dog.A war veteran with his service dog.Three service dogs of various breeds.

 

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