BILL ANALYSIS |
C.S.H.B. 2992 |
By: Neave |
Human Services |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Concerns have been raised
regarding an increase in recent years of reports of individuals without
disabilities misrepresenting a dog as an assistance animal to obtain the
benefits provided to individuals with disabilities who use such animals and
regarding the negative impact this practice has on individuals with
disabilities who legitimately need an assistance animal.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2992 amends the Human Resources Code to change the conduct that constitutes the misdemeanor offense of improper use of assistance animals by doing the following: · including in the conduct claiming that an animal is an assistance animal or service animal when the animal is not such an animal; · removing from the conduct using 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 the animal is a specially trained service animal when training has not in fact been provided; and · including in the conduct fitting an animal with a harness, collar, vest, sign, tag, leash, or other form of identification of the type commonly used by persons with disabilities who use assistance animals or service animals, or by persons who train such animals, so that the person may gain access, permission, or benefits provided to persons with disabilities who use such animals by representing that the animal is a specially trained assistance animal or service animal when training has not in fact been and is not being provided.
The bill redefines "assistance animal" and "service animal" as a canine that is specially trained or equipped to do work or perform tasks to help a person with a disability and that is used by a person with a disability.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2992 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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