This article was last updated on November 29, 2023, to reflect the latest updates in Texas ESA laws.
Emotional support animals (ESA) help individuals deal with emotional or psychological disorders. As Texans continue to embrace the comfort and solace provided by these animals, it’s crucial to stay updated about the latest state laws governing ESAs.
This article provides an in-depth look into Texas ESA laws, ensuring that ESA owners and the general public remain informed and protected.
Texas Emotional Support Animal Housing Laws
What gives ESA owners special housing rights in Texas? The federal Fair Housing Act plays a pivotal role here. The Fair Housing Act and guidelines from the U.S. Department of Housing prevent landlords from discriminating against ESA owners.
Texas landlords must allow for emotional support animals even if their building has a strict policy that forbids pets. ESAs are also exempt from lease provisions that ban ordinary pets. Under federal rules, ESAs are not considered pets but assistance animals for people with mental health conditions.
Housing providers can never demand that an ESA owner pay pet fees or deposits (though the ESA owner is still on the hook for any property damage). As proof that a resident has a real emotional support animal, Texas landlords are entitled to see an ESA letter from a Texas-licensed healthcare professional.
What wasn’t and what could be: In 2023, Texas bill HB 5206 was proposed, which would have provided additional guidelines regarding the process to get an ESA letter. The letter would have required healthcare professionals to establish a relationship with the client or patient for at least 30 days before issuing an ESA letter. That requirement would have put Texas in line with states like California and Arkansas, which have passed similar laws. The bill, ultimately, did not pass, but it’s a step forward to see Texas acknowledging the rights of ESA owners. In the future, Texas may eventually pass its own ESA laws to supplement existing federal law.
Texas Service Dog Laws
In addition to ESAs, Texas also recognizes the rights of service dog owners. Both Texas law and the federal Americans with Disabilities Act (ADA) protect service dog handlers from discrimination. A service dog is a dog that has been trained to perform a task related to the handler’s physical or mental health disability.
In contrast, an emotional support animal doesn’t need any specialized training. An ESA can also be an animal other than a dog, like a cat, bird, or fish. ESA rights are also very different from service dog rights. Service dogs not only have housing rights but wide-ranging public access rights that allow them to enter establishments that normally ban animals.
The trade-off for these greater rights, of course, is that service dogs require a high level of training. Service dogs must be trained to not only assist with their owner’s disability but also to ensure they can perform their duties in public environments.
A new Texas law that went into effect in 2023, HB 4164, punishes individuals who attempt to misrepresent their pet or assistance dog as a service dog. Under the new law, a person can be fined $1,000 and ordered to perform 30 hours of community service for violations. In addition, the law allows for the seizure of neglected assistance animals and service dogs.
Texas Assistance Animal Lawsuits
Failing to recognize the rights of assistance animal owners can lead to unpleasant legal consequences in Texas. For example, a veteran who owned a service dog to help with his PTSD sued a real estate company for rejecting his attempt to rent an apartment. The animal, in this case, was likely a psychiatric service dog.
Another case that also involved a veteran, the U.S. Attorney’s office took action against a hotel for violating his ADA rights. The hotel was mandated to adopt a service dog policy, train its employees and managers, and pay damages to the veteran as compensation for the effects of their discriminatory actions.
In one case that involved ESA letters, the court found that an ESA letter did not contain sufficient detail to establish the tenant’s need for an emotional support animal. This case highlights the need for healthcare professionals to understand how ESA letters should be written. When in doubt, go with a therapist or doctor who has experience writing successful ESA letters.
Texas ESA Travel Laws
Air travel in Texas falls under the jurisdiction of the U.S. Department of Transportation. Under the latest DOT guidelines, emotional support animals are no longer allowed to board planes free of charge. When flying on U.S. airlines, your emotional support animal will be subject to the airline’s standard pet policies.
You can, however, board a flight in Texas and nationwide with your service dog without any extra fee. Service dogs are protected under the federal Air Carrier Access Act. Flying with a service dog in Texas requires the handler to complete the DOT’s Service Animal Air Transportation Form.
Texas ESA Employment Laws
Many ESA owners would love to take their support animals to their workplaces. Unfortunately, no federal or state law exists which requires employers to allow for emotional support animals. However, many pet-friendly employers these days allow pets and emotional support animals as a workplace benefit.
Service dogs, on the other hand, are allowed to accompany their handlers in the workplace. If you need an assistance animal during working hours, let your HR department know and ask what their policies are.
Texas ESA Registration Laws
Contrary to popular belief, Texas law does not mandate ESA registration. Nor do you need a certificate, license, or special ID card. A genuine ESA letter from a licensed mental health professional suffices.
Registering an emotional support animal, obtaining an ID card, or having other ESA accessories like vests can be helpful for owners but are entirely optional. These items should also only be procured after qualifying for an ESA letter.
Conclusion: Navigating the Texas ESA Legal Landscape
In the state of Texas, emotional support animals’ rights are protected under both state and federal law. Texas also defines legal ramifications and consequences for misrepresenting pets and assistance dogs as service dogs. Given the track record of proposed bills in 2023, it is possible that the legal landscape will continue to evolve as pertains to minimum periods of client–provider relationships. What is certainly true and reliable is the one and only qualification for housing protections under federal and Texas law: an ESA letter.
We have a letter from our sons physician our dog is emotional support and a service dog to our son who has severe autism, the dog always behaves and wears west and we were denied entry in local Costco. The dog is also registered. What do we do in this case?
ESAs do not have access rights to public stores like Costco but service dogs do. Service dogs are not required to wear vests or be registered. A Costco employee should have asked you two questions: 1. Is the dog a service dog required for a disability? and 2. What work or task has the dog been trained to perform? If you have issues with any Costco member in the future, we suggest speaking to a manager about your situation.
I have a dog that is currently my ESA and i am thinking on getting a second one. How can I report o justify a second ESA with my landlord ?
You can have additional emotional support animals as long as your healthcare provider believes they are necessary. Each ESA must be covered by your ESA letter. We wrote an article about having additional ESAs which you can find here: https://esadoctors.com/more-than-one-emotional-support-animal/
I have my papers but want to confirm I’ve done everything right Am afraid management will reject them and want to know what to do next.
You might find this guide helpful: https://esadoctors.com/emotional-support-dog-letter-landlord/
I need a letter documenting my dog has been approved as an ESA. I think it was approved back in 2015 but am unable to locate it and am having problems with an establishment (Bar) that I need proof of documentation of which I cannot find it. Where can I request such documentation?
If your ESA letter was from 2015 it is very unlikely to be accepted. If anyone tries to validate your ESA letter, the healthcare professional who wrote it will not be able to stand by it currently if the last evaluation occurred in 2015. Please see this link for more info about what it means for ESA letters to expire: https://esadoctors.com/do-esa-letters-expire-how-to-renew/
I realize this is about housing but would you know how ESAs apply to hotels? If I have to travel for work, 1) Can I bring my dog even if the hotel does not allow dogs and 2) There are hotels that actually do allow pets, but there’s always a non refundable deposit, usually $150, does it provide exemption to pay this if I have an ESA? Thank you
ESAs unfortunately do not have rights when it comes to hotels in Texas. They are solely protected by Fair Housing rules which apply to your home. Many hotels however will accommodate ESAs and pets as a courtesy. We suggest checking with your hotel to see what their policies are, and whether they could offer a waiver of any pet fees.
I have an ESA and live in Texas. Our community has several outdoor amenities including a swimming pool and pickleball courts. The HOA has told me I can’t bring my ESA in the pool area or on the courts because my ESA will pose a safety risk if it is tethered while I swim or play pickleball. Is this type of discrimination permitted under the FHA?
Landlords can place reasonable restrictions on what emotional support animals can do in common areas if there is a true threat to the health or safety of other tenants.
I am dealing with depression and a friend suggested getting a small dog for support and company. How do I get my landlord to allow me one since I’ve been living here 3 years without an ESA?
Emotional support animals can be life changing for people with depression. They help owners with depression in a variety of ways. Their mere presence can be uplifting, and the routine involved in feeding, walking and caring for a dog can bring structure and purpose to the owner’s life. Your landlord must accommodate an ESA even if you have lived there for 3 years without an animal. It is quite common for tenants to move in and then not require an emotional support animal until later. In Texas, you will need to show your landlord an ESA letter from a Texas licensed healthcare professional. If you’re not sure where to turn, we can help. You can get started by clicking here: https://app.esadoctors.com/checkout/
Are ESAs Allowed in over 55 apartments or independent living sutuations
Apartments for seniors are also subject to federal Fair Housing guidelines regarding emotional support animals.
Does the “healthcare provider” need to be a medical doctor or nurse? Can my therapist (licensed in Texas) write my letter?
Licensed therapists can also write ESA letters. Please see this post for more info: https://esadoctors.com/who-can-write-an-esa-letter/
My landlord says they cannot accept a letter from a medical assistant, it must come from a medical doctor. Is this correct?
ESA letters have to come from a “licensed healthcare professional”. A nurse could qualify. Please see this article for more details: https://esadoctors.com/who-can-write-an-esa-letter/