Bill Text: TX HB3840 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the regulation of individuals or business entities that provide or train assistance animals for veterans; providing a civil penalty.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB3840 Detail]
Download: Texas-2019-HB3840-Comm_Sub.html
86R11963 JES-D | ||
By: Capriglione, Flynn, Tinderholt, Miller, | H.B. No. 3840 | |
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relating to the regulation of individuals or business entities that | ||
provide or train assistance animals for veterans; 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 114 to read as follows: | ||
CHAPTER 114. PROVIDERS AND TRAINERS OF ASSISTANCE ANIMALS FOR | ||
VETERANS | ||
Sec. 114.001. DEFINITIONS. In this chapter: | ||
(1) "Assistance animal" means a canine that is | ||
specially trained or equipped to help a veteran diagnosed with | ||
post-traumatic stress disorder and that is used by a veteran with | ||
post-traumatic stress disorder. | ||
(2) "Veteran" has the meaning assigned by Section | ||
53.001, Human Resources Code. | ||
Sec. 114.002. REQUIREMENTS FOR PROVIDERS OR TRAINERS OF | ||
ASSISTANCE ANIMALS FOR VETERANS. An individual or business entity | ||
that provides, by sale or donation, or trains 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 or trained by the individual or entity; | ||
(2) obtain a wellness verification from a licensed | ||
veterinarian during the period described by Subdivision (1) for | ||
each assistance animal provided or trained by the individual or | ||
entity; | ||
(3) work with each veteran using an assistance animal | ||
provided or trained by the individual or entity for 10 or more days | ||
and provide the veteran at least 30 hours of training with the | ||
assistance animal; | ||
(4) ensure that each assistance animal provided or | ||
trained by the individual or entity has passed: | ||
(A) 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, 2019; and | ||
(B) the Assistance Dogs International Public | ||
Access Test, or a test having standards substantially similar to | ||
the standards of the Assistance Dogs International Public Access | ||
Test in effect on September 1, 2019; and | ||
(5) make available follow-up services to each veteran | ||
using an assistance animal provided or trained by the individual or | ||
entity for the life of the assistance animal. | ||
Sec. 114.003. CIVIL PENALTY; INJUNCTION. (a) An | ||
individual or 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. 114.004. 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, 2019. |