Vernon's Texas Statutes and Codes Annotated. Government Code. Title 6. Public Officers and Employees. Subtitle B. State Officers and Employees Chapter 661. Leave. Subchapter Z. Miscellaneous Leave Provisions for State Employees.
§ 661.910. Assistance Dog Training for Employees With a Disability
Vernon's Texas Statutes and Codes Annotated. Human Resources Code. Title 8. Rights and Responsibilities of Persons with Disabilities. Chapter 121. Participation in Social and Economic Activities.
§ 121.003. Discrimination Prohibited
§ 121.004. Penalties for and Damages Resulting from Discrimination
§ 121.0041. Procedures for Certain Actions; Opportunity to Cure
§ 121.005. Responsibilities of Persons with Disabilities
§ 121.006. Improper Use of Assistance and Service Animals; Offense
§ 121.007. Renumbered as V.T.C.A., Transportation Code § 552.010 and amended by Acts 2009, 81st Leg., ch. 1272, § 1, eff. Sept. 1, 2009
§ 121.008. Dissemination of Information Relating to Persons With Disabilities
Vernon's Texas Statutes and Codes Annotated. Penal Code. Title 9. Offenses Against Public Order and Decency. Chapter 42. Disorderly Conduct and Related Offenses.
§ 42.091. Attack on Assistance Animal
Title 8. Offenses Against Public Administration. Chapter 38. Obstructing Governmental Operation
§ 38.151. Interference With Police Service Animals
Vernon's Texas Statutes and Codes Annotated. Transportation Code. Title 7. Vehicles and Traffic. Subtitle C. Rules of the Road. Chapter 552. Pedestrians
§ 552.008. Drivers to Exercise Due Care
Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title 6. Food, Drugs, Alcohol, and Hazardous Substances. Subtitle A. Food and Drug Health Regulations. Chapter 437. Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
Vernon's Texas Statutes and Codes Annotated. Occupations Code. Title 14. Regulation of Motor Vehicles and Transportation. Subtitle C. Regulation of Transportation Services. Chapter 2402. Transportation Network Companies. Subchapter C. Operation of Transportation Network Companies
§ 2402.112. Nondiscrimination; Accessibility
Vernon's Texas Statutes and Codes Annotated. Government Code. Title 6. Public Officers and Employees. Subtitle B. State Officers and Employees Chapter 661. Leave. Subchapter Z. Miscellaneous Leave Provisions for State Employees.
§ 661.910. Assistance Dog Training for Employees With a Disability
(a) A state employee who is a person with a disability, as defined by Section 121.002, Human Resources Code, is entitled to a leave of absence without a deduction in salary for the purpose of attending a training program to acquaint the employee with an assistance dog to be used by the employee.
(b) The leave of absence provided by this section may not exceed 10 working days in a fiscal year.
CREDIT(S)
Added by Acts 1999, 76th Leg., ch. 279, § 19, eff. Sept. 1, 1999.
Vernon's Texas Statutes and Codes Annotated. Human Resources Code. Title 8. Rights and Responsibilities of Persons with Disabilities. Chapter 121. Participation in Social and Economic Activities.
(1) “Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability .
(2) “Harass” means any conduct that:
(A) is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal's performance of its duties; or
(B) places a person with a disability who is using an assistance animal, or a trainer who is training an assistance animal, in danger of injury.
(3) “Housing accommodations” means all or part of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, except a single-family residence whose occupants rent, lease, or furnish for compensation only one room.
(4) “Person with a disability” means a person who has:
(A) a mental or physical disability;
(B) an intellectual or developmental disability;
(C) a hearing impairment;
(D) deafness;
(E) a speech impairment;
(F) a visual impairment;
(G) post-traumatic stress disorder; or
(H) any health impairment that requires special ambulatory devices or services.
(5) “Public facility ” includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
(6) “White cane” means a cane or walking stick that is metallic or white in color, or white tipped with a contrasting color, and that is carried by a blind person to assist the blind person in traveling from place to place.
Credits
Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, § 1, eff. June 5, 1985; Acts 1995, 74th Leg., ch. 890, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, § 3, eff. Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 2, eff. Jan. 1, 2014.
§ 121.003. Discrimination Prohibited
(a) Persons with disabilities have the same right as persons without disabilities to the full use and enjoyment of any public facility in the state.
(b) No common carrier, airplane, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation operating within the state may refuse to accept as a passenger a person with a disability because of the person's disability, nor may a person with a disability be required to pay an additional fare because of his or her use of a service animal, wheelchair, crutches, or other device used to assist a person with a disability in travel.
(c) No person with a disability may be denied admittance to any public facility in the state because of the person's disability. No person with a disability may be denied the use of a white cane, assistance animal, wheelchair, crutches, or other device of assistance.
(d) The discrimination prohibited by this section includes a refusal to allow a person with a disability to use or be admitted to any public facility, a ruse or subterfuge calculated to prevent or discourage a person with a disability from using or being admitted to a public facility, and a failure to:
(1) comply with Chapter 469, Government Code;
(2) make reasonable accommodations in policies, practices, and procedures; or
(3) provide auxiliary aids and services necessary to allow the full use and enjoyment of the public facility.
(e) Regulations relating to the use of public facilities by any designated class of persons from the general public may not prohibit the use of particular public facilities by persons with disabilities who, except for their disabilities or use of assistance animals or other devices for assistance in travel, would fall within the designated class.
(f) It is the policy of the state that persons with disabilities be employed by the state, by political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons without disabilities, unless it is shown that there is no reasonable accommodation that would enable a person with a disability to perform the essential elements of a job.
(g) Persons with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
(h) A person with a total or partial disability who has or obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and may not be required to pay extra compensation or make a deposit for the animal but is liable for damages done to the premises by the animal except for reasonable wear and tear.
(i) A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer.
(j) A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.
(k) Except as provided by Subsection (l), a person is not entitled to make demands or inquiries relating to the qualifications or certifications of a service animal for purposes of admittance to a public facility except to determine the basic type of assistance provided by the service animal to a person with a disability.
(l) If a person's disability is not readily apparent, for purposes of admittance to a public facility with a service animal, a staff member or manager of the facility may inquire about:
(1) whether the service animal is required because the person has a disability; and
(2) what type of work or task the service animal is trained to perform.
Credits
Acts 1979, 66th Leg., p. 2426, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 2, eff. Aug. 31, 1981; Acts 1983, 68th Leg., 1st C.S., p. 57, ch. 7, § 10.03(c), eff. Sept. 23, 1983; Acts 1985, 69th Leg., ch. 278, § 2, eff. June 5, 1985; Acts 1989, 71st Leg., ch. 249, § 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 890, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, § 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 261, § 1, eff. May 22, 2001; Acts 2003, 78th Leg., ch. 710, § 1, eff. Sept. 1, 2003; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 3, eff. Jan. 1, 2014; Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 4.416, eff. April 2, 2015.
§ 121.004. Penalties for and Damages Resulting from Discrimination
(a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of Section 121.003 commits an offense. An offense under this subsection is a misdemeanor punishable 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.
(b) In addition to the penalty provided in Subsection (a), a person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. Subject to Section 121.0041, if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.
Credits
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 890, § 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, § 5, eff. Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 4, eff. Jan. 1, 2014; Acts 2017, 85th Leg., ch. 342 (H.B. 1463), § 1, eff. Sept. 1, 2017.
§ 121.0041. Procedures for Certain Actions; Opportunity to Cure
(a) In this section:
(1) “Claimant” means a person filing or intending to file an action under Section 121.004(b).
(2) “Respondent” means the person against whom a claimant files or intends to file an action under Section 121.004(b).
(b) This section applies only to an action under Section 121.004(b) alleging a failure to comply with applicable design, construction, technical, or similar standards required under Chapter 469, Government Code, or other applicable state or federal laws that require compliance with specified design, construction, technical, or similar standards, including Internet website accessibility guidelines, to accommodate persons with disabilities.
(c) Not later than the 60th day before the date an action to which this section applies is filed, the claimant must give written notice of the claim to the respondent. The notice may be given in a manner prescribed for service of process in a civil action. The written notice:
(1) must state:
(A) the name of the individual alleging a failure to comply with applicable design, construction, technical, or similar standards;
(B) in reasonable detail, each alleged violation; and
(C) the date, place, and manner in which the claimant discovered the alleged violation; and
(2) may not demand a sum of damages, request settlement, or offer to settle the claim without a determination of whether a condition stated in the notice is excused by law or may be remedied.
(d) A respondent who has received a written notice under Subsection (c) may correct the alleged violation before the earliest date on which the claimant may file the action.
(e) A respondent who has corrected an alleged violation shall provide a notice of the correction to the claimant that describes each correction and the manner in which the correction addresses the alleged violation. If the respondent concludes that an alleged violation has not occurred and that a correction is not necessary, the respondent shall provide the claimant an explanation of the respondent's conclusion. The notice of correction or explanation may be given in a manner prescribed for service of process in a civil action.
(f) If a claimant files an action to which this section applies, the claimant must establish by a preponderance of the evidence that the respondent has not corrected one or more of the alleged violations stated in the written notice provided under Subsection (c).
(g) If an action is filed, the respondent may file a plea in abatement and request an evidentiary hearing on the plea. The court shall abate the action for a period not to exceed 60 days after the date of the hearing if the court finds by a preponderance of the evidence that:
(1) the respondent initiated action to correct the alleged violation during the time allowed under Subsection (d);
(2) the respondent could not complete the corrections within that time; and
(3) the corrections will be completed by the end of the period of abatement.
(h) If a respondent has provided the notice of correction or has completed corrections during a period of abatement under Subsection (g):
(1) the claimant may file a motion to dismiss the action without prejudice; or
(2) the respondent may file a motion for summary judgment in accordance with the Texas Rules of Civil Procedure.
Credits
Added by Acts 2017, 85th Leg., ch. 342 (H.B. 1463), § 2, eff. Sept. 1, 2017.
§ 121.005. Responsibilities of Persons with Disabilities
(a) A person with a disability who uses an assistance animal for assistance in travel is liable for any damages done to the premises or facilities by the animal.
(b) A person with a disability who uses an assistance animal for assistance in travel or auditory awareness shall keep the animal properly harnessed or leashed, and a person who is injured by the animal because of the failure of a person with a disability to properly harness or leash the animal is entitled to maintain a cause of action for damages in a court of competent jurisdiction under the same law applicable to other causes brought for the redress of injuries caused by animals.
CREDIT(S)
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, § 3, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, § 6, eff. Sept. 1, 1997.
§ 121.006. Improper Use of Assistance and Service Animals; Offense
(a) A person commits an offense if the person intentionally or knowingly represents that an animal is an assistance animal or a service animal when the animal is not specially trained or equipped to help a person with a disability. An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $1,000 ; 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.
(b) A person who habitually abuses or neglects to feed or otherwise neglects to properly care for the person's assistance animal or service animal is subject to seizure of the animal under Subchapter B, Chapter 821,1 Health and Safety Code.
Credits
Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, § 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, § 4, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, § 7, eff. Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 5, eff. Jan. 1, 2014; Acts 2023, 88th Leg., ch. 757 (H.B. 4164), § 1, eff. Sept. 1, 2023.
Footnotes
1 V.T.C.A., Health and Safety Code § 821.021 et seq.
§ 121.007. Blind and Disabled Pedestrians - 121.007. Renumbered as V.T.C.A., Transportation Code § 552.010 and amended by Acts 2009, 81st Leg., ch. 1272, § 1, eff. Sept. 1, 2009
§ 121.008. Dissemination of Information Relating to Persons With Disabilities
(a) To ensure maximum public awareness of the policies set forth in this chapter, the governor shall issue a proclamation each year taking suitable public notice of October 15 as White Cane Safety and Service Animal Recognition Day. The proclamation must contain appropriate comment about the significance of various devices and animals used by persons with disabilities to assist them in traveling, and must call to the attention of the public the provisions of this chapter and of other laws relating to the safety and well-being of this state's citizens with disabilities.
(b) The comptroller, the secretary of state, and other state agencies that regularly mail forms or information to significant numbers of public facilities and businesses operating within the state shall cooperate with state agencies responsible for the rehabilitation of persons with disabilities by sending information about this chapter to those to whom regular mailings are sent. The information, which must be sent at the request of state agencies responsible for the rehabilitation of persons with disabilities and at least once each year, may be included in regular mailings or sent separately. If sent separately, the cost of mailing is borne by the state rehabilitation agency or agencies requesting the mailing and, regardless of whether sent separately or as part of a regular mailing, the cost of preparing information about this chapter is borne by the state rehabilitation agency or agencies requesting distribution of this information.
Credits
Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, § 9, eff. Sept. 1, 1997; Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 6, eff. Jan. 1, 2014.
Vernon's Texas Statutes and Codes Annotated. Transportation Code. Title 7. Vehicles and Traffic. Subtitle C. Rules of the Road. Chapter 552. Pedestrians.
§ 552.008. Drivers to Exercise Due Care
Notwithstanding another provision of this chapter, the operator of a vehicle shall:
(1) exercise due care to avoid colliding with a pedestrian on a roadway;
(2) give warning by sounding the horn when necessary; and
(3) exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.
CREDIT(S)
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
(a) No person may carry a white cane on a public street or highway unless the person is totally or partially blind.
(b) The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal or carrying a white cane is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian. The driver shall bring the vehicle to a full stop if injury or danger can be avoided only by that action.
(c) If it is shown on the trial of an offense under this section that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:
(1) a fine of not more than $500; and
(2) 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.
(c-1) A portion of the community service required under Subsection (c)(2) shall include sensitivity training.
(d) For the purposes of this section:
(1) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.
(2) “White cane” has the meaning assigned by Section 121.002, Human Resources Code.
(e) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.
CREDIT(S)
Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 278, § 5, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, § 8, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 121.007 and amended by Acts 2009, 81st Leg., ch. 1272, § 1, eff. Sept. 1, 2009.
Vernon's Texas Statutes and Codes Annotated. Penal Code. Title 9. Offenses Against Public Order and Decency. Chapter 42. Disorderly Conduct and Related Offenses.
§ 42.091. Attack on Assistance Animal
(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.
(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code.
(2) "Custody" has the meaning assigned by Section 42. 09.
CREDIT(S)
Added by Acts 2003, 78th Leg., ch. 710, § 2, eff. Sept. 1, 2003.
Penal Code. Title 8. Offenses Against Public Administration. Chapter 38. Obstructing Governmental Operation
§ 38.151. Interference With Police Service Animals
(a) In this section:
(1) “Area of control” includes a vehicle, trailer, kennel, pen, or yard.
(2) “Handler or rider” means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.
(3) “Police service animal” means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.
(b) A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service animal;
(2) throws an object or substance at a police service animal;
(3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
(A) inhibits or restricts the handler's or rider's control of the animal; or
(B) deprives the handler or rider of control of the animal;
(4) releases a police service animal from its area of control;
(5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
(c) An offense under this section is:
(1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
(2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
(3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
(4) except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure theanimal; or
(5) a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:
(A) killing a police service animal or engaging in conduct likely to kill the animal;
(B) injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
(C) engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.
Credits
Added by Acts 2001, 77th Leg., ch. 979, § 1, eff. Sept. 1, 2001. Amended by Acts 2007, 80th Leg., ch. 1331, § 5, eff. Sept. 1, 2007.
Vernon's Texas Statutes and Codes Annotated. Health and Safety Code. Title 6. Food, Drugs, Alcohol, and Hazardous Substances. Subtitle A. Food and Drug Health Regulations. Chapter 437. Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
(a) A food service establishment, retail food store, or other entity regulated under this chapter may not deny a service animal admittance into an area of the establishment or store or of the physical space occupied by the entity that is open to customers and is not used to prepare food if:
(1) the service animal is accompanied and controlled by a person with a disability; or
(2) the service animal is in training and is accompanied and controlled by an approved trainer.
(b) If a service animal is accompanied by a person whose disability is not readily apparent, for purposes of admittance to a food service establishment, retail food store, or physical space occupied by another entity regulated under this chapter, a staff member of the establishment, store, or entity may only inquire about:
(1) whether the service animal is required because the person has a disability; and
(2) what type of work the service animal is trained to perform.
(c) In this section, “service animal” means a canine that is specially 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. The tasks that a service animal may perform in order to help a person with a disability must be directly related to the person's disability and may include:
(1) guiding a person who has a visual impairment;
(2) alerting a person who has a hearing impairment or who is deaf;
(3) pulling a wheelchair;
(4) alerting and protecting a person who has a seizure disorder;
(5) reminding a person who has a mental illness to take prescribed medication; and
(6) calming a person who has post-traumatic stress disorder.
CREDIT(S)
Added by Acts 2013, 83rd Leg., ch. 838 (H.B. 489), § 1, eff. Jan. 1, 2014.
Occupations Code. Title 14. Regulation of Motor Vehicles and Transportation. Subtitle C. Regulation of Transportation Services. Chapter 2402. Transportation Network Companies. Subchapter C. Operation of Transportation Network Companies
§ 2402.112. Nondiscrimination; Accessibility
(a) A transportation network company shall adopt a policy that prohibits a driver logged in to the company's digital network from:
(1) discriminating on the basis of a passenger's or potential passenger's location or destination, race, color, national origin, religious belief or affiliation, sex, disability, or age; and
(2) refusing to provide service to a potential passenger with a service animal.
(b) For the purposes of Subsection (a), “sex” means the physical condition of being male or female.
(c) A transportation network company shall notify each person authorized to log in as a driver on the company's digital network of the nondiscrimination policy. A driver logged in to the company's digital network shall comply with the nondiscrimination policy.
(d) A transportation network company may not impose an additional charge for transportation of individuals with physical disabilities because of those disabilities.
(e) A transportation network company shall provide a passenger an opportunity to indicate whether the passenger requires a wheelchair-accessible vehicle. If a wheelchair-accessible vehicle cannot be provided, the company shall direct the requesting passenger to an alternate provider of wheelchair-accessible service, if available.
Credits
Added by Acts 2017, 85th Leg., ch. 231 (H.B. 100), § 1, eff. May 29, 2017.