For a Business per ADA Title III
You as an establishment owner, operator, manager or employee may legally only ask the following two questions.*
- Is the animal a service animal?
- 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)