What Are the Texas Emotional Support Animal Laws You Should Know?

• Federal and State Protections: The Fair Housing Act (FHA) and Texas state laws protect emotional support animals (ESAs), each with specific rules.
• Fair Housing Act: The FHA prohibits housing discrimination against ESA owners, allowing them to reside in no-pet housing without extra fees, given they provide documentation.
• Public Access Rights: ESAs do not have the same public access rights as service animals under the ADA and may be denied entry to public places.
• Workplace Rights: ESAs are not guaranteed access to workplaces, but some employers may allow them as reasonable accommodations for mental health needs.
• Transportation Access: Public transportation does not guarantee ESA access, and airlines are no longer required to accommodate ESAs, although some may allow them.
• Misrepresentation Consequences: Misrepresenting an ESA as a service animal can incur fines under Texas law, highlighting the need for proper documentation.

• Housing Protections: The FHA prohibits housing discrimination based on disability, allowing ESA owners to live in housing that might otherwise enforce “no pets” policies. Under this law, landlords and housing providers must make reasonable accommodations for tenants with ESAs.
• No Additional Fees: While landlords can request verification, they generally cannot charge pet fees or deposits for an ESA. However, the animal must not pose a threat to others or cause significant property damage.
• Verification Requirements: Landlords may request an ESA letter from a licensed mental health professional confirming that the animal is needed for therapeutic support.
• Limitations on Denial: Landlords can only deny an ESA under specific circumstances, such as if the animal poses a direct threat to others or causes significant property damage.
• Breed Restrictions: Housing providers generally cannot impose breed or weight restrictions on ESAs, as long as the animal does not pose a threat to others or create undue hardship.

In addition to federal laws, Texas ESA laws like H.B. 4164 amend the Human Resources Code to address the misuse of support animals. Key updates include:

• Definition of Offense: The bill redefines the offense to focus on the intentional or knowing misrepresentation of an animal as an assistance or service animal when that animal is neither trained nor equipped to assist a person with a disability.
• Renaming the Offense: The offense is now referred to as the “Improper Use of Assistance and Service Animals.”
• Increased Penalties: The maximum fine for this offense has been raised from $300 to $1,000, reflecting Texas’s stronger stance against the misuse of assistance animals.
• Animal Cruelty Provisions: H.B. 4164 establishes that individuals who regularly neglect or abuse their service animals—by failing to provide necessary food and care—may have their animals seized under the Health and Safety Code provisions regarding animal cruelty.

This law applies only to offenses committed on or after its effective date. Offenses before September 1, 2023, remain under the previous regulations.

• No Guaranteed Access: Unlike service animals, emotional support dogs in Texas are not covered under the ADA for workplace access. However, some employers may permit ESAs as a reasonable accommodation for employees with documented mental health conditions.
• Requesting Accommodations: If you believe having your ESA at work would assist you, communicate with your employer. Provide any required documentation, such as an ESA letter, and explain how the animal’s presence can support your job performance.
• Company Policies: Each workplace has its own policies on animals. Familiarizing yourself with these rules and procedures will help you approach the request correctly and effectively.

In Texas, ESAs do not have automatic access to schools or colleges under federal law. However, institutions have varying policies:

• Colleges and Universities: Some Texas colleges may permit ESAs in student housing as a reasonable accommodation for mental health needs. To bring an ESA to college housing, provide documentation such as an ESA letter from a licensed mental health professional. Contact the school’s disability services office for specific procedures.
• K-12 Schools: In Texas, ESAs are generally not allowed in K-12 schools unless the animal is a registered service animal performing a specific task related to a disability. Public schools restrict ESA access, though individual requests may be considered. Parents can discuss the need for an ESA with school administrators if it supports the student’s well-being.

Transportation policies for emotional support animals in Texas vary by transit type:

• Public Transportation: ESAs do not have guaranteed access to public transit under the ADA. While service animals are permitted, ESAs may not be allowed on buses, trains, or other forms of public transportation unless they meet the organization’s pet policies. Check with the transit provider beforehand for their specific ESA policy.
• Air Travel: Federal regulations for air travel with ESAs have changed under the Air Carrier Access Act (ACAA), which no longer requires airlines to accommodate ESAs in the cabin. Airlines may impose fees and restrictions, such as requiring the ESA to travel in a carrier. Some airlines may voluntarily permit ESAs, but policies vary widely, so contact your airline in advance.
• Rideshares and Taxis: Companies like Uber and Lyft are not obligated to allow ESAs, though they are required to permit service animals. Some drivers may make personal exceptions, so it can be helpful to contact the driver or rideshare service to confirm their policy.