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