Animal Law

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A guide to resources available online and in the library on the law surrounding pets and service animals, wild animals, wild game, and livestock.

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Service Animals

What is a service animal?

The definition "service animal" or "assistance animal" will depend on the specific situation. In most situations, the Americans with Disabilities Act (ADA) or definitions found in Texas law will apply. However, the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA) have much broader definitions that can include animals commonly known as "emotional support animals." See the boxes below for information about service animals in housing and air travel.

Texas & Federal Law

This chapter defines "assistance animal" and "service animal" under Texas law and prohibits discrimination, providing penalties.

This statute sets penalties for misrepresenting an animal as a trained service animal. It also states that improperly cared for service animals are subject to seizure.

This rule provides a federal definition of “service animal.” The rules in this chapter were authorized by the Americans with Disabilities Act of 1990.

Understanding the Law

This handy brochure from the U.S. Department of Justice summarizes what a "service animal" is according to federal law.

The U.S. Department of Justice's Civil Rights Division has provided this handy Q&A pertaining to service animals. Information about emotional support animals under federal law is also included.

This article from Nolo, a legal publisher, describes protections for those using service animals under Texas law.

Owners' Rights

Texas & Federal Law

This section sets out the criminal offense known as an "Attack on Assistance Animal."

The U.S. Department of Justice has established rules for service animals, authorized by the Americans with Disabilities Act of 1990.

Many of the federal provisions regarding the rights of those with disabilities are set out in this chapter. It was originally enacted in 1990 as part of the U.S. Americans with Disabilities Act (also known as the ADA).

Understanding the Law

Provided by the Texas Governor's office, this page summarizes the major state legislation on service dogs and includes useful organizations for more information on legal rights in this matter.

This article from Nolo, a legal publisher, describes protections for those using service animals under Texas law.

This 3 minute video from Disability Rights Texas goes over the basic rights and responsibilities of those who use service animals.

Public Places

Many people who use service animals or emotional support animals bring their animal with them when they go out in public. Below you will find information related to: restaurants, shops, schools, public transportation, service establishments, houses of worship, places of public gathering or entertainment, and more.

Texas & Federal Law

This section discuses a person's right to bring certain service animals into restaurants and other food establishments in Texas.

Many of the federal provisions regarding the rights of those with disabilities are set out in this chapter. It was originally enacted in 1990 as part of the U.S. Americans with Disabilities Act (also known as the ADA).

Understanding the Law

This publication by the ADA National Network describes the rights and responsibilities of those with service animals in public places, in educational or occupational settings, when using transportation, and when obtaining housing.

The U.S. Department of Justice's Civil Rights Division has provided this handy Q&A pertaining to service animals. Information about emotional support animals under federal law is also included.

This manual from the U.S. Department of Justice explains how the ADA applies in various common situations. See Section III-4.2300 for specific information about service animals.

Housing

Texas & Federal Law

The Texas Fair Housing Act prohibits discrimination in housing for certain populations including people with disabilities.

This statute prohibits charging fees or deposits for service animals in housing but notes that the owner is liable for any damages done by the animal outside of normal wear and tear.

This federal law protects people against discrimination when obtaining housing. It includes protection against discrimination due to disability. It was originally enacted as part of the U.S. Fair Housing Act of 1988.

Understanding the Law

This official notice from the U.S. Office of Fair Housing and Equal Opportunity explains the obligations of housing providers under the Fair Housing Act (FHA) with regard to service animals and emotional support animals. It provides a set of questions that housing providers can use to help determine whether they must make a reasonable accommodation.

This article answers frequently asked questions about emotional support animals and fair housing laws. The information is provided by the Animal Legal and Historical Center at Michigan State University College of Law.

This page from the U.S. Department of Housing and Urban Development (HUD) provides examples of requests for "reasonable accommodations" under the Fair Housing Act as they relate to individuals who use an assistance animal.