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Texas Government Code - GOV'T § 21.012. Presence of Qualified Facility Dog or Qualified Therapy Dog in Court Proceeding

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Qualified facility dog” means a dog that:

(A) is a graduate of a program operated by an assistance dog organization that is a member of a nationally recognized assistance dog association; or

(B) before January 1, 2021, on the approval of the court, served in a court proceeding by accompanying a witness who was testifying.

(2) “Qualified therapy dog” means a dog that successfully completes a program operated by an organization that registers, insures, or certifies a therapy dog and the dog's handler as meeting or exceeding the standards of practice in animal-assisted interventions.

(b) Any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog or qualified therapy dog to be present with a witness who is testifying before the court through:

(1) in-person testimony; or

(2) closed-circuit video teleconferencing testimony.

(c) The court may enter an order authorizing a qualified facility dog or qualified therapy dog to accompany a witness testifying at the court proceeding if:

(1) the presence of the dog will assist the witness in providing testimony; and

(2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog.

(d) A handler who is trained to manage the qualified facility dog or qualified therapy dog must accompany the dog provided for a witness at a court proceeding.

(e) A party to the action must petition the court for an order under Subsection (b) not later than the 14th day before the date of the court proceeding.

(f) A court may:

(1) impose restrictions on the presence of the qualified facility dog or qualified therapy dog during the court proceeding; and

(2) issue instructions to the jury, as applicable, regarding the presence of the dog.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 21.012. Presence of Qualified Facility Dog or Qualified Therapy Dog in Court Proceeding - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-21-012/

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