Understanding Texas’ Latest Service Animal Laws: Penalties for Fake Credentials and Differences Between Service Dogs, Assistance Animals, and Therapy Animals

In recent years, the importance of service animals, assistance animals, and therapy animals has become increasingly recognized in our society. They provide invaluable support to individuals with disabilities and offer emotional comfort to those in need. However, with the growing recognition of their significance, there has also been a rise in the misuse of these classifications, often resulting in confusion and legal challenges. To address these issues, Texas has implemented new laws surrounding service animals and their distinctions from assistance animals and therapy animals, along with strict penalties for those who purchase fake vests and credentials online. In this article, we’ll delve into the details of Texas’ latest legislation (effective Sept 1, 2023), clarify the differences between these three categories, and discuss the consequences for fraudulent practices.

Texas’ New Service Animal Laws

Texas has recently taken significant steps to clarify the use of service animals in public spaces. Senate Bill 1381, signed into law in 2022, aims to prevent the misuse of service animal designations and ensure that only legitimate service animals have access to public places. Under this law, it is a Class C misdemeanor to misrepresent a pet as a service animal by using a fake service animal vest, ID, or documentation. Additionally, businesses and individuals who use fake service animal credentials can face fines of up to $300 for the first offense and up to $1,000 for subsequent offenses.

Distinguishing Service Dogs from Assistance Animals and Therapy Animals

Understanding the differences between service dogs, assistance animals, and therapy animals is crucial for both the public and law enforcement to ensure that these animals are appropriately accommodated and supported.

Service Dogs:
- Service dogs are specially trained to perform specific tasks to assist individuals with disabilities. These tasks can include guiding individuals who are blind, alerting those with epilepsy to impending seizures, or helping individuals with mobility impairments.
- Service dogs have legal access to all public places, including restaurants, stores, and public transportation.
- They are protected under the Americans with Disabilities Act (ADA) and have certain rights, such as not being required to wear special vests or carry identification.
Assistance Animals (Emotional Support Animals or ESAs):
- Assistance animals, often referred to as emotional support animals (ESAs), provide emotional comfort and support to individuals with mental health conditions such as anxiety or depression.
- While ESAs do not require specific training like service dogs, they do require a letter from a licensed mental health professional prescribing their use as part of a treatment plan.
- Assistance animals have specific housing rights under the Fair Housing Act, allowing their owners to live with them in housing that typically has a no-pets policy.
- ESAs are not service animals and do not have the rights or protections as such. Representing your ESA as a service animal is a crime.
Therapy Animals:
- Therapy animals are not individually trained to assist a specific person but are professionally trained to provide comfort and companionship to groups of people in therapeutic settings such as hospitals, schools, and nursing homes.
- These animals are not service animals and are not granted public access rights under the ADA, as their role is to provide comfort in controlled environments.

Penalties for Purchasing Fake Service Animal Credentials

To combat the rise in fraudulent service animal claims, Texas has enacted penalties for those who purchase fake vests and credentials online. These penalties include both financial penalties and community service hours. The penalties are intended to serve as a deterrent against misrepresenting pets as legitimate service animals, which can disrupt the lives of individuals who rely on genuine service animals for essential support. By holding individuals accountable for their actions, Texas aims to maintain the integrity of the service animal designation and ensure that those who truly need assistance receive it.

Keep In Mind

Texas’ latest service animal laws represent a significant step forward in protecting the rights of individuals with disabilities who rely on service animals for support. By clarifying the distinctions between service dogs, assistance animals, and therapy animals, as well as implementing penalties for those who purchase fake credentials, the state is taking a proactive approach to address the misuse of these classifications. It is essential for all Texans to be aware of these laws and their implications to create a more inclusive and supportive society for everyone.

Emotional Support Animal Laws in Texas

Emotional Support Animals, sometimes referred to as ESAs, have special privileges in the State of Texas under federal laws; they are not considered pets.; they are assistance animals for people with mental and emotional health issues.

Housing providers have to accommodate owners of emotional support animals free of charge as a necessity for their health condition. And, unlike typical pets, you don’t have to pay any extra deposits or fees for housing. Emotional Support Animals are also exempt from building policies regarding size or breed.

These rights are given under the Fair Housing Act and guidance from the U.S. Department of Housing and apply to the State of Texas.

Any domesticated animals can be kept as an ESA in the home, including dogs, cats, birds, rabbits, hamsters, guinea pigs, and yes…even sugar gliders and turtles!

In this article, we’ll explain

How you can qualify for an emotional support animal in Texas.

And, if you qualify,

How you can apply to receive a valid ESA Letter from a healthcare professional (*licensed in Texas) that you can use to secure accommodation for your emotional support animal.

Quick Review of Emotional Support Animal Laws in Texas

Assistance animals have rights under various laws, including the Fair Housing Act and the Americans with Disabilities Act (ADA). Both are federal laws that apply to every state in the U.S., including Texas.

The ADA governs service animals that have highly specialized training to assist people with both physical or mental disabilities. *Emotional support animals, however, are not the same as psychiatric service dogs. ESAs do not need special training and provide comfort for those experiencing mental or emotional distress just by being present around their owners.

Emotional support animal owners have rights under the federal Fair Housing Act, which mandates that landlords reasonably accommodate tenants who require an assistance animal.

Texas Emotional Support Animal Housing Laws Allow ESAs to Live with Their Owners Without Additional Fees.

If you own an emotional support animal, have valid documentation and reside in Texas, you do have certain RIGHTS for housing that protect you from discrimination due to your mental or emotional disability-related need for an assistance animal.

Housing providers such as landlords, condos, co-ops, and HOAs must reasonably accommodate ESAs, even if the building has an outright ban on pets.
ESAs are exempt from normal pet policies. That means restrictions on size, weight and breed of pets do not apply to emotional support animals.
ESA owners also do not have to pay any additional fees (including application fees) or deposits to live with their ESA.

However, there are LIMITATIONS to these rights.

An emotional support animal must be domesticated and well-behaved. This means that you cannot bring a wild or aggressive animal into an apartment, etc.
Your ESA also can’t pose any health or safety hazard to other residents.
Some small housing providers are exempt from having to follow ESA rules, such as owner-occupied buildings with no more than four units and single-family houses sold or rented by the owner without the use of an agent.
In addition, you cannot bring your emotional support animal into your new home unannounced and expect everyone in a no-pet housing complex will comply. You must submit a request for accommodation to your landlord in advance and provide a copy of your ESA letter.

It’s important to make sure that you have the right documentation for your emotional support animal. Most landlords in Texas are fully aware of what constitutes a valid proof for an emotional support animal.

*Landlords have every right to validate if you have a true emotional support animal by requesting an ESA letter from you.

Qualifying for an ESA Letter in Texas

To have a legally recognized emotional support animal in Texas, you will need an ESA letter from a healthcare professional who is licensed in Texas.

You can request one from your current healthcare professional who is providing services for your mental health.

You can also reach out to this counselor and apply online for an ESA Letter without having to leave your home.

What Happens Next?

First, the licensed healthcare professional will determine if you have a mental or emotional health disability that substantially limits a major life activity.

Qualifying conditions include:

PTSD, anxiety, depression, phobias, autism, and learning disorders.

Second, the healthcare professional will assess whether an emotional support animal can help alleviate the symptoms of that particular mental or emotional health disability.

Pretty simple, right? (I told you it wouldn’t be as hard as you might think)

So, How Do I Get Started ?

Just call our number and leave the following. An application packet will be emailed to you and you will not be charged for the service unless you are approved. If approved, an original copy letter will be mailed to your physical residence.

Information we need to get started:

your full legal name,
city in Texas where you live,
preferred phone number for contact (in case healthcare provider requires) and
a personal email where the application documents may be sent.

(*all info must be that of the owner of the animal/s applied for)

Just Remember…

If you’re a Texas resident, your ESA rights require that you have a legitimate ESA letter from a healthcare professional that is licensed in Texas.

man sitting at table with hand on face

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