Texas Passes Amendment Regarding "Fake" Assistance & Service Animals

The state of Texas has tightened its leash on people trying to pass their pets off as service animals. During the 88th legislative session, Texas lawmakers passed House Bill 4164 amending HUMAN RESOURCES CODE TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES CHAPTER 121. PARTICIPATION IN SOCIAL AND ECONOMIC ACTIVITIES. Sec. 121.006. PENALTIES FOR IMPROPER USE OF ASSISTANCE ANIMALS.

This new law on the IMPROPER USE OF ASSISTANCE AND SERVICE ANIMALS is described as follows: A person commits an offense if the person intentionally or knowingly represents that an animal is an assistance animal or a service animal when the animal is not specially trained or equipped to help a person with a disability.

An offense under this subsection is a mis- demeanor punishable by: (1) a fine of not more than $1,000.; 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.

The bill received support from many groups including the Texas Humane Legislation Network (THLN), the only Texas-based, Texasfunded animal protection advocacy group in the state. This amendment was brought about by the availability of "$25 registered emotional support dog" websites, resulting in untrained personal pets being brought into No Pets Allowed locations, utilizing public access under the provisions of The Americans with Disabilities Act (ADA). These false service animals have greatly impacted individuals with disabilities that rely on their service dog partner. For example, a distracted medical alert dog places the handler in danger of a medical emergency, injury, and even the possibility of death. Individuals with psychiatric support dogs face increased anxiety and may even choose to withdraw from their routine lifestyle. Service dogs have been injured and even forced to retire following an incident with an out of control pet. Service dogs are quite expensive, with hundreds of hours of training. The cost of a trained service dog ranges from $20,000 to $90,000, and availability is an issue, with often a waiting list of three years or longer.

The Texas Legislature has addressed the issue and imparted penalties and fines to help alleviate the danger of untrained animals being represented as trained and certified service animals. The law takes effect September 1.

Submitted by Sandra P. Stern, Executive

Director, PAWSabilities.org.