Bill Text: TX HB996 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of business entities that provide assistance animals; providing a civil penalty.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-02-27 - Referred to Licensing & Administrative Procedures [HB996 Detail]
Download: Texas-2017-HB996-Introduced.html
85R1169 EES-D | ||
By: Capriglione | H.B. No. 996 |
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relating to the regulation of business entities that provide | ||
assistance animals; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 113 to read as follows: | ||
CHAPTER 113. BUSINESS ENTITIES PROVIDING ASSISTANCE ANIMALS | ||
Sec. 113.001. DEFINITION. In this chapter, "assistance | ||
animal" has the meaning assigned by Section 121.002, Human | ||
Resources Code. | ||
Sec. 113.002. REQUIREMENTS FOR BUSINESS ENTITIES PROVIDING | ||
ASSISTANCE ANIMALS. A business entity that provides, by sale or | ||
donation, assistance animals shall: | ||
(1) provide an average of 30 or more hours of | ||
one-on-one training over a 90-day or longer period to each | ||
assistance animal provided by the entity; | ||
(2) obtain a wellness verification from a licensed | ||
veterinarian during the period described by Subdivision (1) for | ||
each assistance animal provided by the entity; | ||
(3) maintain an in-house residential facility in which | ||
each individual using an assistance animal provided by the entity | ||
stays for 10 or more days while receiving at least 30 hours of | ||
training with the assistance animal; | ||
(4) ensure that each assistance animal provided by the | ||
entity has passed the American Kennel Club Canine Good Citizen | ||
test, or a test having standards substantially similar to the | ||
standards of the American Kennel Club Canine Good Citizen test in | ||
effect on September 1, 2017; and | ||
(5) make available follow-up services to each | ||
individual using an assistance animal provided by the entity for | ||
the life of the assistance animal. | ||
Sec. 113.003. CIVIL PENALTY; INJUNCTION. (a) A business | ||
entity that violates a provision of this chapter is liable to the | ||
state for a civil penalty in an amount not to exceed $500 for each | ||
separate violation and, in the case of a continuing violation, an | ||
amount not to exceed $500 for each subsequent day on which the | ||
violation occurs. | ||
(b) The attorney general or an appropriate prosecuting | ||
attorney may sue to collect a civil penalty under this section. | ||
(c) The attorney general may bring an action in the name of | ||
the state to restrain or enjoin a violation or threatened violation | ||
of this chapter. | ||
Sec. 113.004. CIVIL LIABILITY. (a) A business entity that | ||
sells an assistance animal to a person in violation of this chapter | ||
is liable to the person for the amount the person paid for the | ||
assistance animal. | ||
(b) A person who prevails in an action brought under this | ||
section is also entitled to recover court costs and reasonable | ||
attorney's fees. | ||
SECTION 2. This Act takes effect September 1, 2017. |