Service Dog Law

For a Business per ADA Title III


You as an establishment owner, operator, manager or employee may legally only ask the following two questions.*

  1. Is the animal a service animal?
  2. What tasks is it trained to preform?

A business may not ask for proof of disability or registration for the animal.*

A business may not enforce a surcharge or fee for the animal.**

If the animal is out of control and the handler takes no action to control it or if the animal is not housebroken a business may ask for the removal of the animal.***

For a Texas Handler per House Bill 489


In Texas a service animal is defined as a canine that is specifically trained or equipped to help a person with a disability.  An animal that provides only comfort or emotional support to a person is not a service animal under this section.*

Assistance animal and service animal mean a canine that is specially trained or equipped to help a person with a disability.**

An animal in training has the same legal rights as a working service dog.***

ADA Title III Regulations


*Under 36.302 Modifications in policies, practices, or procedures. subsection C (6)Inquires

**Under 36.302 Modifications in policies, practices, or procedures. subsection C (8)Surcharges

***Under 36.302 Modifications in policies, practices, or procedures. Section C (2)Exceptions

Texas House Bill 489


*Section 1.  Chapter 437, Health and Safety Code Sec. 437.023.  Service Animals.

**Section 2. Human Resources Code, Sections 121.002(1)

***Section 3, Human Resources Code, Section 121.003 (i)


UNITED STATES

DEPARTMENT OF JUSTICE

1-800-514-0301

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