87(R) HB 1071 - Enrolled version - Bill Text

	H.B.  No.  1071

	AN ACT
	relating to the presence of a qualified facility dog or qualified
	therapy dog in certain court proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Chapter 21, Government Code, is amended by
	adding Section 21.012 to read as follows:
	Sec.  21.012.    PRESENCE OF QUALIFIED FACILITY DOG OR
	QUALIFIED THERAPY DOG IN COURT PROCEEDING. (a) In this section:
	(1)    "Qualified facility dog" means a dog that:
	(A)    is a graduate of a program operated by an
	assistance dog organization that is a member of a nationally
	recognized assistance dog association; or
	(B)    before January 1, 2021, on the approval of
	the court, served in a court proceeding by accompanying a witness
	who was testifying.
	(2)    "Qualified therapy dog" means a dog that
	successfully completes a program operated by an organization that
	registers, insures, or certifies a therapy dog and the dog's
	handler as meeting or exceeding the standards of practice in
	animal-assisted interventions.
	(b)    Any party to an action filed in a court in this state in
	which a proceeding related to the action will be held may petition
	the court for an order authorizing a qualified facility dog or
	qualified therapy dog to be present with a witness who is testifying
	before the court through:
	(1)    in-person testimony; or
	(2)    closed-circuit video teleconferencing testimony.
	(c)    The court may enter an order authorizing a qualified
	facility dog or qualified therapy dog to accompany a witness
	testifying at the court proceeding if:
	(1)    the presence of the dog will assist the witness in
	providing testimony; and
	(2)    the party petitioning for the order provides proof
	of liability insurance coverage in effect for the dog.
	(d)    A handler who is trained to manage the qualified
	facility dog or qualified therapy dog must accompany the dog
	provided for a witness at a court proceeding.
	(e)    A party to the action must petition the court for an
	order under Subsection (b) not later than the 14th day before the
	date of the court proceeding.
	(f)    A court may:
	(1)    impose restrictions on the presence of the
	qualified facility dog or qualified therapy dog during the court
	proceeding; and
	(2)    issue instructions to the jury, as applicable,
	regarding the presence of the dog.
	SECTION  2.    This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1071 was passed by the House on April
	9, 2021, by the following vote:    Yeas 144, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1071 on May 18, 2021, by the following vote:    Yeas 137, Nays 4,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1071 was passed by the Senate, with
	amendments, on May 12, 2021, by the following vote:    Yeas 30, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor