Laws about Service Dogs, Assistance Animals, and Emotional Support Animals in Texas

Laws Regarding Service Animals in Public Places (ADA Title III)

A service dog or miniature horse must be allowed to accompany its owner into any place open to the public. This includes grocery stores, restaurants, shops, hotels, hospitals, offices, gyms, theaters, hotels, banks, golf courses, zoos, and pretty much all other places you can think of. If non-disabled people are allowed to enter the premises, so are service animals (with a few very limited exceptions.)

No emotional support animals are allowed. Only trained service dogs and miniature horses are allowed to accompany a disabled person into places open to the public.

The disabled person with a service animal may only be asked two questions:

 1) is the animal required because of a disability, and 2) what tasks is the animal trained to perform? The facility is not allowed to ask for any more information or request any documentation of the disability or animal training. The dog is not required to wear a vest and the owner is not required to have a letter, ID, or certificate of any kind.

Service animals must be housebroken and under control. If the dog jumps up on people, barks, runs around, pees indoors, or otherwise misbehaves, the disabled person and his or her dog may be ordered to leave. The facility may require the dog to be on a leash or in a harness unless it would interfere with the dog being able to perform its tasks. Even then, it must still be under control at all times.

Laws Regarding Service Animals on Airplanes (Air Carrier Access Act)

Only trained service dogs are allowed. No emotional support animals. The airline may not restrict dog breeds. Dogs in training qualify.

Rules.

The service dog must be leashed, housebroken, not disruptive, and not a threat to health or safety. The dog must be on the person’s lap or foot space and must not encroach into another passenger’s space. The airline may require the dog owner to submit a completed Department of Transportation service animal form and may require 48 hours advance notice if the reservation is made at least 48 hours before the flight. The airline may not require someone with a service dog to check in early. The disabled person and service dog must be given a bulkhead seat if it is requested. 

Determination by the airline that the dog is eligible.

To determine if a dog is eligible to fly, the airline may: 1) make the two inquiries mentioned above (is the dog needed because of a disability and what tasks is the dog trained to perform), 2) observe the dog’s behavior, or 3) look for indications that the dog is a service dog, such as a vest or harness.

Laws Regarding Service Animals on Buses, Taxis, Uber, Etc (ADA Title III)

Only trained service animals are allowed. No emotional support animals. A transportation entity must modify its policies and procedures to allow service animals unless it would pose a risk to health or safety or “fundamentally alter the nature of its services. The animal must be housebroken, under control, and not disruptive.

The disabled person may only be asked two questions: 1) is the animal required because of a disability, and 2) what tasks is the animal trained to perform? The transportation entity is not allowed to ask for any more information or request any documentation of the disability or animal training. The dog is not required to wear a vest and the owner is not required to have a letter, ID, or certificate of any kind.

Laws Regarding Service Animals in the Workplace (ADA Title I)

Employers with 15 or more employees must provide “reasonable accommodations” for disabled people unless it would cause undue hardship or a threat to health, safety, or welfare. The EEOC has said that a “reasonable accommodation” may include allowing a service animal. Arguably any species of animal may qualify. Employers with fewer than 15 employees are not required to allow service animals.

Emotional support animals may be a reasonable accommodation. There is no requirement in the EEOC rules that an animal must be individually trained as a service animal. Thus, ESA’s may qualify, although I had a case where this was disputed by an employer.

Rules. 

The disabled person must be qualified for the job. The employer is allowed to make inquiries into the disabled person’s ability to do the job and is allowed to ask how an animal will assist them in performing the job. The employer is allowed to inquire about the disability and how an animal would help. The employer may also require the disabled person to undergo a medical examination to determine his or her ability to do the job. All animals must be housebroken and under control. The employer may require a leash or harness unless it would interfere with the animal performing its tasks, but the animal must still be controlled by verbal commands.

Laws Regarding Service Animals in Housing (Fair Housing Act) 

Housing providers must allow “assistance animals.” Housing providers include landlords, HOAs, cities, property rental agents, zoning ordinances, etc.

Assistance animals are defined as:

1) trained service dogs.

2) “support animals,” which include emotional support animals and trained or untrained animals other than dogs.

There are two types of "Support Animals":

1) “Common household animals” qualify as support animals. These include animals such as such as dogs, cats, turtles, birds, gerbils, fish, rabbits, etc.

2) “Unique animals” are animals that are not traditionally kept in the home, such as monkeys, goats, kangaroos, etc. In order for a unique animal to qualify as a support animal the disabled person has a “substantial burden” to show the need for that specific type of animal. (For example, a monkey that is trained to open bottles for a paralyzed person would qualify.)

No breed restrictions.
City ordinances prohibiting certain species or breeds of animals do not apply to assistance animals which are allowed under the Fair Housing Act.

Pet deposits are not allowed:
Housing providers may not charge pet deposits for assistance animals because they are not pets.

Reasonable information may be requested by the housing provider.
If a person’s disability is not apparent (as, for example, when the person is blind) then reasonable information may be requested by the housing provider. This would include things such as a government record or a note from a health care provider—but not medical records, diagnosis, or a medical exam. (I once represented a 50-something-year-old woman whose landlord demanded all her medical records going back to childhood, including her gynecological records. That was not a reasonable request, and we had a good outcome in that case.)