BILL ANALYSIS H.B. 238 By: Driver (Sponsor) Health and Human Services 5-11-95 Senate Committee Report (Amended) BACKGROUND Chapter 121, Human Resources Code, includes provisions pertaining to guide dogs that are specially trained to assist persons with blindness in performing functions and mobility. Support dogs are trained to assist people with visual, hearing, mobility, and other impairments. Support dogs, however, do not have the same guaranteed right to access as guide dogs. State law prohibits denying admittance to any public facility to any guide dog in training when it is accompanied by an approved trainer. Penalties for violation of Chapter 121, however, are low enough that some public facilities have chosen to pay the fine rather than abide by the law. PURPOSE As proposed, H.B. 238 replaces the term "support dog" with the term "assistance dog," clarifies the rights of employees who use assistance dogs and other mobility aids, and increases penalties for violating relevant laws. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 121.002, Human Resources Code, by amending Subdivision (2), and adding Subdivision (6), as follows: (2) Defines "assistance dog," rather than "support dog," to mean a dog that is specially trained to help a blind or handicapped person. Makes conforming changes. (6) Defines "harass." SECTION 2. Amends Section 121.003, Human Resources Code, by amending Subsections (b)-(d), (j), and (k), and adding Subsections (l) and (m), as follows: (b)-(d), (j), and (k) Make conforming changes. (l) Prohibits a person from assaulting, harassing, interfering with, or injuring in any way, or from attempting such action against an assistance dog. SECTION 3. Amends Section 121.004(a), Human Resources Code, to declare that a person, firm, association, corporation, or other organization, that violates a provision of Section 121.003 commits a misdemeanor punishable by a fine of not less than $300, rather than $100, or more than $1,000, rather than $300. SECTION 4. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 5. Emergency clause.