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.
I have 2 ESA dogs. I am moving to an apartment complex. Do Texas laws allow more than one animal?
You can have multiple ESAs as long as your licensed mental health professional has made a recommendation for the number of ESAs that you need. It is not uncommon to find people that use more than one ESA to cope with their disability.
I live in Pflugerville, TX in a mobile home community. I OWN my house but rent the lot that it is on. After i got into an accident a few years back, i talked to my therapist and she recommended i get an ESA. For the past few months i had been getting one trained for me because i would rather have it well behaved so there wont be a problem. Paid 100’s for her to get trained. I have an ESA letter of approval and a certificate for my ESA with her picture on it (so there is no confusion). I have asked for my landlords to approve her, and they flat out told me no, because she is an American Pitbull Terrier.
So now i have done all of this for nothing. What do i do now? she helps in every way, and is always by my side!
The Department of Housing has clearly stated that landlords cannot restrict an ESA solely because it is a certain breed. According to HUD, “[b]reed, size, and weight limitations may not be applied to an assistance animal.” Instead, a landlord may only determine if the specific emotional support animal in question poses a direct threat to the health and safety of others.
Why would people who need ESA’s choose an aggressive breed? There are so many animals not on an aggressive breed list, why choose one that is?
Many animals on such lists make wonderful companions, and it would be unfair to deprive a person of their ESA who behaves in exemplary fashion solely because it is a certain breed. Fair Housing rules recognize that inherent unfairness, which is why breed restrictions are not allowed. People also come into possession of their pets in various ways, as gifts, through adoptions from shelters, as puppies from an unexpected litter. When it comes to ESAs, the philosophy (which the rules back) should be that each ESA is evaluated to see whether it poses a danger, rather than relying on general stereotypes.
So if I want to bring my emotional support animal to school in Texas would I be able too?
Emotional support animals have rights in housing (including university housing) and on flights, but not in all public areas, such as a school campus. You may want to have a discussion with your school about what their policy is regarding emotional support animals on campus.
I’m from Mississippi and I’m moving to Texas and I was wondering what I need for my ESA to be legitimate in Texas?
You would need to seek the help of a therapist licensed for the state you are currently in. If you do not currently have a therapist, ESA Doctors can help connect you to one: https://esadoctors.com/esa-questionnaire/
I downsized to a smaller apartment within the same complex for financial reasons and two months later, they are charging me $843 to replace the carpeting because of urine from my support dog. I’ve already paid the carpet cleaning fee of $175 when I moved out. Is this legal?
As the ESA owner, you are responsible for all damages caused by your ESA.
I am looking into applying for an ESA letter for my dog. I currently live in Michigan, but am moving to Texas within 2 months . Is it best to get wait to get my letter until I move to Texas or can I get it from an MHP from Michigan and have it carry over to Texas?
It is up to you. Although an ESA letter from one state should be accepted in another state, there are landlords that do not know the rules and may put up a fight. We are here to help you through the process and will assist you whether you choose to get your ESA letter in Michigan or in Texas.
To get started, please complete the questionnaire in the link below.
https://esadoctors.com/esa-questionnaire/
I own a private mental health group in San Antonio – we have a client that has an ESA (dog). In the past four months the dog (smallish, dirty) has
1) charged my therapist
2) barks during sessions, disrupting other sessions
3) we’ve had several complaints from other clients about how the dog smells – staff has to lysol and febreeze the area each time client leaves
4) we’ve had two flea outbreaks that I cannot prove were started by this dog but heavily believe they were
5) two weeks ago the dog defecated in the hallway outside the offices – client came in, checked in, and sat down, and didn’t respond until another person walking by came in and told us – client acted as if she didn’t know. And didn’t move to go clean it up until our receptionist handed her some paper towels.
This is NOT a service animal, but an ESA. I believe from everything that I have read that I can ban this dog from the office… Direction?
One common misconception about ESAs is that they must be given access to public areas like service animals. That is not the case. The right to be accompanied by an ESA in your home is enshrined in the Fair Housing Act, and the right to fly with your ESA can be found in the Air Carrier Access Act. ESAs do not have the right to be in other public places, such as restaurants.
When moving into a new apartment in Texas, at what point do I tell the landlord that I have an ESA? My realtor told me to fill in “NO” on my apartment application when asked if I had a pet, so it wouldn’t be biased against when put into the best application pool.
Emotional support animals are not considered pets.
No, this is not allowed according to the Fair Housing Act. For more information on the ESA Housing Laws click here.
Can emotional support dogs Go to school or no just asking
Schools are not required to allow emotional support animals onto the campus.