Service Animal Facts for Business Owners

State of Texas House Bill No. 489 is in effect as of January 1, 2014. It was signed on June 7, 2013.

This bill echoes the spirit and intent of the 2010 ADA Amendments Act. HB 489 prohibits restaurants and other establishments from refusing to allow entry to service dogs or any disabled person. This bill will expand the definition of a service dog to include those who help people with Post Traumatic Stress Disorder (PTSD).

A "service animal" means a dog that is specially trained (or currently in training) or equipped to help a person with a disability. Dogs of all breeds and sizes can be service dogs when they are properly trained.

NOTE: An animal that provides only comfort or emotional support to a person is NOT a service animal.

A "person with a disability" means a person who has:

  • a mental or physical disability
  • an intellectual or development disability
  • a hearing impairment
  • deafness
  • a visual impairment
  • a speech impairment
  • PTSD
  • or any health problem that requires special ambulatory devices or services

Service Dog Tasks

The tasks that the service dog may perform include:

  • guiding a person with a visual impairment
  • alerting a person who has a hearing impairment
  • pulling a wheelchair
  • alerting and protecting a person who has an Epilepsy or related disorder
  • reminding a person who has a mental illness to take prescribed medication
  • calming a person who has PTSD
  • calming maybe necessary in crowds, through traffic, social settings and during night terrors

Denial of Admittance

A food service establishment, retail food store, or other entity may not deny a service dog admittance into an area of establishment or store of the physical space occupied by the entity that is open to customers and is not used to prepare food if:

  • the service dog is accompanied and controlled by a person with a disability
  • the service animal is in training and is accompanied and controlled by an approved trainer

If the person with the service dog has a disability that is not "readily apparent", a staff member of the establishment, may ONLY inquire about:

  • whether the service animal is required because the person has a disability
  • what type of work the service dog is trained to perform

It is prohibited to make demands or inquiries relating to the qualifications or certifications of a service dog for purposes of admittance to a public facility.

Discrimination

The discrimination prohibited by this bill includes:

  • refusing to allow a person with a disability to use or be admitted to any public facility
  • requiring a person with a disability to pay extra compensation or make a deposit for their service dog
    • a person with a disability is liable for damages done to the premise by their service dog (except for reasonable wear and tear)

Penalties

Penalties and damages resulting from discrimination: Violating a provision of HB 489 is a misdemeanor which is punishable by:

  • a fine of no more than $300
  • 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with disabilities

In addition to the penalty, those who violate this bill are deemed to have deprived a person with a disability of his or her civil liberties. The person whose liberties have been affected may maintain a cause of action for damages in a court of competent jurisdiction and there is a conclusive presumption of damages in the amount of at least 0300 to the person with a disability.

A person who is not disabled or a person with a disability who uses a dog not trained but they claim is a service dog is guilty of a misdemeanor which is punishable by:

  • a fine of no more than $300
  • 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves person with disabilities
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