Bill Text: TX HB1071 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the presence of a qualified facility dog or qualified therapy dog in certain court proceedings.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-03 - Effective on 9/1/21 [HB1071 Detail]
Download: Texas-2021-HB1071-Enrolled.html
| H.B. No. 1071 | ||
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| relating to the presence of a qualified facility dog or qualified | ||
| therapy dog in certain court proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 21, Government Code, is amended by | ||
| adding Section 21.012 to read as follows: | ||
| Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG OR | ||
| QUALIFIED THERAPY DOG IN COURT PROCEEDING. (a) In this section: | ||
| (1) "Qualified facility dog" means a dog that: | ||
| (A) is a graduate of a program operated by an | ||
| assistance dog organization that is a member of a nationally | ||
| recognized assistance dog association; or | ||
| (B) before January 1, 2021, on the approval of | ||
| the court, served in a court proceeding by accompanying a witness | ||
| who was testifying. | ||
| (2) "Qualified therapy dog" means a dog that | ||
| successfully completes a program operated by an organization that | ||
| registers, insures, or certifies a therapy dog and the dog's | ||
| handler as meeting or exceeding the standards of practice in | ||
| animal-assisted interventions. | ||
| (b) Any party to an action filed in a court in this state in | ||
| which a proceeding related to the action will be held may petition | ||
| the court for an order authorizing a qualified facility dog or | ||
| qualified therapy dog to be present with a witness who is testifying | ||
| before the court through: | ||
| (1) in-person testimony; or | ||
| (2) closed-circuit video teleconferencing testimony. | ||
| (c) The court may enter an order authorizing a qualified | ||
| facility dog or qualified therapy dog to accompany a witness | ||
| testifying at the court proceeding if: | ||
| (1) the presence of the dog will assist the witness in | ||
| providing testimony; and | ||
| (2) the party petitioning for the order provides proof | ||
| of liability insurance coverage in effect for the dog. | ||
| (d) A handler who is trained to manage the qualified | ||
| facility dog or qualified therapy dog must accompany the dog | ||
| provided for a witness at a court proceeding. | ||
| (e) A party to the action must petition the court for an | ||
| order under Subsection (b) not later than the 14th day before the | ||
| date of the court proceeding. | ||
| (f) A court may: | ||
| (1) impose restrictions on the presence of the | ||
| qualified facility dog or qualified therapy dog during the court | ||
| proceeding; and | ||
| (2) issue instructions to the jury, as applicable, | ||
| regarding the presence of the dog. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1071 was passed by the House on April | ||
| 9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1071 on May 18, 2021, by the following vote: Yeas 137, Nays 4, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1071 was passed by the Senate, with | ||
| amendments, on May 12, 2021, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
