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Assistance Dogs In Public

Human Res. Code 121.003 — full use of public facilities, and only two questions

In Texas, persons with disabilities have the same right as anyone to the full use and enjoyment of any public facility in the state, and may not be denied admittance, or the use of an assistance animal, because of a disability.

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Two questions, no papers. No one may demand or ask about a service animal's qualifications or certifications for admittance except to learn the basic type of assistance it provides. Where the disability is not apparent, staff may ask whether the animal is required because of a disability, and what work or task it is trained to perform.

  • No public conveyance may refuse a passenger with a disability, or charge more because of a service animal.
  • A service animal in training may not be denied admittance when accompanied by an approved trainer.
  • In housing, a person with a service animal may not be charged extra or a deposit for it, but is liable for damage beyond reasonable wear and tear.
  • No one may assault, harass, interfere with, kill or injure an assistance animal.
The assumptionWhat the law actually does
The assumptionA business can ask for a certificateWhat the law actually doesOnly the basic type of assistance, or the two questions where the disability is not apparent
The assumptionA landlord can charge a pet deposit for a service animalWhat the law actually doesNo extra compensation or deposit, though the tenant is liable for damage beyond reasonable wear and tear

Emotional support animals, misrepresenting an animal as a service animal, and the penalties for violations are not all on this page. What a particular situation carries is a question for a licensed Texas attorney.

Sources for this section (1)
  1. Human Res. Code 121.003 — Discrimination prohibited

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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