Service Dogs in Training Laws in Texas
Overview

Texas law provides public access protections for service dogs in training (SDITs), allowing trainers and individuals with disabilities to bring dogs in training into many public places.

Unlike federal law under the Americans with Disabilities Act (ADA), which does not specifically grant public access rights to service animals in training, Texas law expressly recognizes service animals in training and grants them protections under state statute.

Legal Foundation

Texas service animal and SDIT laws are primarily found in:

• Texas Human Resources Code § 121.002

• Texas Human Resources Code § 121.003

• Texas Human Resources Code § 121.006

• Texas Penal Code § 37.13

These laws protect individuals with disabilities and certain service animal trainers from discrimination in public accommodations and other covered places.

Service Dogs in Training Under Texas Law

Texas law specifically recognizes both:

• Fully trained service animals, and

• Service animals in training

under state access laws.

Under Texas Human Resources Code § 121.002(1):

“Assistance animal” includes an animal that is being trained by a person with a disability or by an assistance animal trainer to assist a person with a disability.

Texas allows:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Assistance animal trainers

to bring SDITs into public places for training purposes.

Public Access Rights

Service dogs in training may generally accompany handlers and trainers into places open to the public, including:

• Restaurants and food establishments

• Retail stores and shopping centers

• Hotels and lodging

• Public transportation

• Government buildings

• Hospitals and medical offices

• Educational institutions

• Most places open to the general public

Texas law grants SDITs substantially similar public access rights as fully trained service animals.

Additionally:

• Businesses may not charge extra fees or deposits because of a service dog or service dog in training.

• SDITs generally must be allowed anywhere members of the public are permitted.

Requirements for Service Dogs in Training

Texas generally requires service dogs in training to be:

• Under the handler’s control

• Properly behaved in public

• Housebroken

• Non-disruptive and safe

Service animals and SDITs are generally expected to be:

• Harnessed, leashed, or tethered unless doing so interferes with the dog’s work or training.

Texas does not generally require:

• State certification

• Registration

• Identification cards

• Special vests or patches

Businesses generally may not require proof of certification or documentation.

Who Can Train a Service Dog

Texas law protects:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Assistance animal trainers engaged in legitimate training activities

Texas law does not require universal certification or licensing for service dog trainers.

Handler Responsibilities

The handler or trainer is responsible for:

• Maintaining control of the dog

• Preventing disruptive or dangerous behavior

• Ensuring the dog is housebroken

• Paying for damage caused by the dog

A business may require removal of the dog if:

• The dog is out of control and the handler fails to take corrective action

• The dog poses a direct threat to health or safety

• The dog is not housebroken

Even if a dog is removed, the business generally must still provide the individual an opportunity to obtain goods or services without the animal present.

What Businesses Can and Cannot Do

Businesses MAY:

• Ask whether the dog is a service animal required because of a disability

• Ask what work or task the dog has been trained — or is being trained — to perform

Businesses MAY NOT:

• Require certification or registration

• Demand proof of disability

• Require the dog to demonstrate tasks

• Charge additional fees or deposits

• Deny access solely because the dog is still in training under Texas law

Misrepresentation and Interference

Texas law prohibits:

• Fraudulently misrepresenting a pet as a service animal

• Interfering with or harming a service animal or SDIT

Under Texas Penal Code § 37.13:

• Harm, interference, or obstruction involving service animals may result in criminal penalties.

Texas law also allows civil remedies for damages involving injury to or interference with service animals.

Federal vs. Texas Law

ADA (federal law):

• Does not specifically grant public access rights to service dogs in training

Texas law:

• Expressly recognizes service animals in training and grants them public access protections

Because Texas law provides broader protections in this area, those state protections generally apply within Texas.

Summary

• Texas allows service dogs in training in many public places

• Trainers and individuals with disabilities are both protected

• SDITs must remain under control and behave appropriately

• Texas generally does not require certification or identification for SDITs

• Businesses cannot charge extra fees or deny access solely because a dog is in training

• Fraudulent representation and interference may result in civil or criminal penalties

Sources

Texas Human Resources Code Chapter 121:
https://statutes.capitol.texas.gov

Texas Penal Code § 37.13:
https://statutes.capitol.texas.gov

Texas Attorney General – Service Animals:
https://www.texasattorneygeneral.gov

Texas Legislature Online:
https://capitol.texas.gov

Disclaimer

This content is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations may change, and their application can vary depending on specific circumstances. For the most current and accurate information, consult official Texas statutes or a qualified attorney.

Service Dogs in Training Laws in the State of Texas are Recognized!