What are the Emotional Support Animal Laws in Texas?

The difference between emotional support animals (ESA) and service animals can be a confusing distinction, but it is an important one in the eyes of the law. Emotional Support Animals are trained to help their owners manage symptoms. Unlike service animals, they are not protected under the provisions of the Americans with Disabilities Act of 1990. If you are a resident of Texas looking to clarify the laws surrounding your ESA, here is the rundown of Texas’ emotional support animal laws.

Qualify for an ESA by obtaining an ESA Letter

In Texas it is important to note that ESAs are not just given pet status under the law. To have a qualified ESA you must obtain a legitimate ESA letter from your healthcare provider, whether that is a therapist, counselor, nurse practitioner, or primary care physician. Once that step is completed your ESA should be recognized and allowed by your housing provider.

Texas Specific Housing Laws for your ESA

One of the big questions surrounding an ESA is whether the owner should be allowed to have one when they are renting a space to live. Just like the rest of the United States, Texas recognizes the Fair Housing Act which means landlords should make reasonable accommodations for assistance animals, which ESAs are classified as in Texas. Because of this, landlords are generally required by Texas law to recognize and accept an ESA letter when presented with one, permitting owners to live with their animal (even if it is in housing that typically doesn’t allow animals). However Texas has some important exceptions to this rule. If the pet poses a direct threat to the health and/or safety of others, or if it would incur an excessive financial burden upon the landlord, they can deny the tenant’s request to live with an ESA. The landlord does have provide proof of these burdens or threats, and cannot just simply state that there is a burden or threat.

Accommodation Rules for Work and Public Spaces

Outside the sphere of housing comes the question of ESAs in the Texan workplace, public spaces, and any locations that aren’t the home. You cannot bring your ESA out in public. Your ESA is not protected by the Americans with Disabilities Act which means you cannot bring your ESA into stores, restaurants, medical offices, barber shops, banks, on transportation, or anywhere in public that pet-dogs are not allowed. If you need support in public, then you need to talk to your medical provider about obtaining a service animal.

Service Animal and Emotional Support Animal Scams

Beware of online scams that claim that they can take your pet dog and turn it into a service animal or emotional support animal with just a 5 minute phone call with a licensed counselor, or by filling out an online form. Service animals require extensive training with you, specifically, to respond to the symptoms of your disability. Service animals can be trained by you – you are not required under any law to have your animal professionally trained. Some online service animal training websites are also scams. There are a lot of people who “think” they are “good” with dogs and claim to be “dog whisperers.” Those people may even have “credentials.” But make sure to thoroughly investigate these peoples’ backgrounds and credentials before signing up with them. Legitimate service animal training organizations will be very strict about their intake process, will likely have long wait times, and will NEVER ask you to fundraise to “move you up in line.” Legitimate service animal training organizations will likewise never take your dog away from you for training and then send the dog back to you. It is impossible to remove a dog from its handler and train that dog on the handler’s specific disability symptoms. The dog needs to be able to learn you as its handler, learn your scents, your body chemistry, your specific movements, and other signs and symptoms of whatever your disability is. Always make sure to thoroughly investigate any service animal training organization before signing a contract or paying fees.