85R23581 MM-F
 
  By: Neave H.B. No. 2992
 
  Substitute the following for H.B. No. 2992:
 
  By:  Frank C.S.H.B. No. 2992
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to assistance animals used by persons with disabilities
  and to the prosecution of the offense of misrepresenting an animal
  as an assistance animal or service animal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 121.002(1), Human Resources Code, is
  amended to read as follows:
               (1)  "Assistance animal" and "service animal" mean 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.
         SECTION 2.  Section 121.006, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A person commits an offense if the person:
               (1)  claims an animal is an assistance animal or
  service animal when the animal is not an assistance animal or
  service animal; or
               (2)  fits an [who uses a service] animal with a harness,
  collar, vest, sign, tag, [or] 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 assistance animals or service animals, so that
  the person may gain access, permission, or benefits provided to
  persons with disabilities who use assistance animals or service
  animals by representing [trained animals, in order to represent]
  that the [his or her] animal is a specially trained assistance
  animal or service animal  when training has not in fact been and is
  not being provided.
         (a-1)  An offense under Subsection (a)[,] is [guilty of] a
  misdemeanor punishable [and on conviction shall be punished] by:
               (1)  a fine of not more than $300; 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, or
  for another entity or organization at the discretion of the court,
  to be completed in not more than one year.
         SECTION 3.  The changes in law made by this Act to Section
  121.006, Human Resources Code, apply only to an offense committed
  on or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2017.