Definitions
Under Title 8, "Rights and Responsibilities of Persons with Disabilities:"“Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability .
V. T. C. A., Human Resources Code § 121.002
SDIT Covered?
Yes. A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer.V. T. C. A., Human Resources Code § 121.003
Accommodation Law
No person with a disability may be denied admittance to any public facility in the state because of the person's disability. No person with a disability may be denied the use of a white cane, assistance animal, wheelchair, crutches, or other device of assistance.V. T. C. A., Human Resources Code § 121.003
Violation is an offense.
An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $300; and
(2) 30 hours of community service
In addition to the penalty above, a person who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. That person may maintain an 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.
V. T. C. A., Human Resources Code § 121.004
Harassment of/Interference with Service Dogs
Under Title 8, Rights and Responsibilities of Persons with Disabilities:A 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.
V. T. C. A., Human Resources Code § 121.003
Violation is an offense (penalty in previous column).
V. T. C. A., Human Resources Code § 121.004
Penal Code:
A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
A 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.
An offense under this section is a:
- Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal
- state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal
- felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal
V. T. C. A., Penal Code § 42.091
Driving Law
The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian.If at trial determined that collision caused serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:
- a fine of not more than $500; and
- 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year
- portion of the community service required shall include sensitivity training
Service Dog Fraud
A person who uses a service animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained service animal when training has not in fact been provided, is guilty of a misdemeanor and on conviction shall be punished by:(1) a fine of not more than $300; and
(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.
V. T. C. A., Human Resources Code § 121.006
