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Texas Statutes, Title 8, Chapter 121, Sections 121.002 through
121.009, amended 1997 Texas statutes guarantee a blind person the
legal right to be accompanied by a specially trained dog guide in
harness in all public facilities. A dog guide user has a legal right
to equal housing accommodation in all housing offered for rent,
lease, or compensation. The landlord need not modify the premises,
nor is a higher standard of care required than that provided other
tenants. No extra fee can be levied because of the dog guide's
presence, but the dog guide user is liable for any damage the dog
might do to the premises. Equal employment opportunity is also
guaranteed, except where the visual impairment prevents performance
of work involved. Under Texas statutory law, the definition of
public facilities includes hotels, stores, restaurants, college
dormitories, places of resort, recreation and amusement, public
buildings, railroads, buses, boats, airplanes, taxis, and all other
common carriers or places to which the public is invited. (Sect.
121.002, Sect. 121.003) Housing accommodations include any real
property, in whole or part, designed or used as a home, residence,
or sleeping place, except for a single family dwelling, the
occupants of which offer for rent no more than one room. (Sect.
121.003) Violation: Any person, firm, association, or agent thereof
who interferes with the above enumerated rights is guilty of a
misdemeanor and is punishable by a fine of not less than $300 or
more than $1000. In addition, the dog guide user whose civil rights
have been violated may proceed in any court of competent
jurisdiction to recover personal damages with the presumption that
at least $100 worth of damage has been sustained. (Sect. 121.004)
Texas Assistance Animal Protection Act
H.B.ANo.A2881
AN ACT relating to prohibiting an attack on an assistance animal;
creating an offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASection 121.003(j), Human Resources Code, is amended to read
as follows:
(j)AAA 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.
SECTIONA2.AAChapter 42, Penal Code, is amended by adding Section 42.091 to read as follows:
> > A person
(a)
Sec.A42.091.AAATTACK ON ASSISTANCE ANIMAL. commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
(b)AAA 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)AA An offense under this section is a: (1)AAClass A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2)AAstate jail felony if the actor or an animal owned
by or otherwise in the custody of the actor injures an assistance
animal; or
(3)AAfelony 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)AAA court shall order a defendant convicted of an offense under
Subsection (a) to make restitution to the owner of the assistance animal for:
(1)AA related veterinary or medical bills;
(2)AA the cost of: (A)AA replacing the assistance animal; or
(B)AA 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)AA any other expense reasonably incurred as a result of the offense.
(e)AAIn this section:
(1)AA"Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
(2)AA"Custody" has the meaning assigned by Section
42.09.
SECTIONA3.AA This Act takes effect September 1, 2003.
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