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 , Health and Safety Code. Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, Sec. 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec. 4, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 7, eff. Sept. 1, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489 ), Sec. 5, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 757 (H.B. 4164 ), Sec. 1, eff. September 1, 2023.