DEPARTMENT OF ASSISTIVE
AND REHABILITATIVE SERVICES
I CAN TAKE MY
DOG GUIDE
ANY PLACE
YOU CAN TAKE
YOUR EYES
Division for Blind Services
This booklet is published and distributed by the Department of Assistive and
Rehabilitative Services (DARS) and Division for Blind Services (DBS). It contains
information about the important role of dog guides and State of Texas laws that
safeguard the rights of dog guides and their owners.
Contents
About Dog Guides
The Law
User’s Responsibilities
Definitions
Dog guides and
Housing
Restaurants
Transportation
Medical Facilities
Common Courtesy
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3
4
6
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About Dog Guides
Dog guides are specially bred and trained dogs that help people who are blind travel
safely, independently, and efficiently.
Texas law and the federal Americans with Disabilities Act guarantee the right of a
person who is blind to be accompanied by a trained dog guide in all public places.
Denying entry or service to a person with a dog guide is a violation of these laws and
carries significant penalties.
For more information about dog guides or services for Texans who are blind, call DARS
Inquiries toll free 800.628.5115.
Law in Texas
Persons who are blind or have other disabilities are guaranteed the legal right to be
accompanied by a specially trained dog guide or assistance dog in all public places.
The law protects dog guides, too. A person may not assault, harass, interfere with or
injure in any way, or attempt to do such acts to a dog guide.
It’s essential that a dog guide be trained in the real world. Therefore, dog guides in
training, when accompanied by a trainer, are afforded the same access rights. Trainers
always exercise the utmost care and close supervision when training dog guides
in public places.
Finally, the law details specific responsibilities for dog guide users to manage their dogs
appropriately.
The Texas law that addresses all these issues can be found in:
Texas Human Resource Code
Title 8, Chapter 121
Sections 121.001-121.010
A person, firm, association, corporation or other organization, or the agent of a person,
firm association, corporation or other organization who violates a provision of Section
121.003 commits an offense. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $300 or more than $1,000.
Federal Law
The Americans with Disabilities Act (ADA) also guarantees access to public places and
allows persons who have been denied access to seek punitive damages under Title 3,
Sec. 36.104 of the ADA.
A Dog Guide User’s Responsibilities
A person who is blind who uses a dog guide is liable for any damages done
to the premises or facilities by the dog.
The person shall keep the dog guide properly harnessed.
A person who habitually abuses or neglects to feed or otherwise neglects to properly
care for the dog guide is not entitled to the benefits of state statutes and must surrender
the dog guide on demand to the person or organization furnishing the dog or to other
competent authorities.
Definitions
Dog Guide – a dog that:
• Is fitted with a special harness so as to be suitable as an aid to the mobility of a person
who is blind;
• Is used by a person who is blind who has satisfactorily completed a specific course of
training in the use of the dog; and
• Is trained by an organization generally recognized by agencies involved in the
rehabilitation of persons who are blind as reputable and competent to provide dogs
with training of this type.
Public Facilities/Transportation
Public facilities include streets, highways, sidewalks, walkways, common carriers,
airplanes, motor vehicles, trains, buses, streetcars, boats or any other pubic modes of
transportation. Dog guides are permitted in hotels, motels or other places of lodging;
restaurants; hospitals; medical facilities; public buildings or other places
of public accommodation to which the public is regularly, normally or customarily
invited.
Housing Accommodations
All or part of real property which is used or occupied or is intended, arranged or
designed to be used or occupied as the home, residence or sleeping place of one or
more human beings; except a single family residence whose occupants rent, lease
or furnish for compensation only one room.
Housing
Are dog guides exempt from pet deposits? Yes
Under Texas law a trained dog guide is not a pet and is exempt from pet deposit
requirements. Requiring a pet or animal deposit for a trained dog guide or refusing to
rent or lease a property on this basis is a violation of the law.
Can I refuse to rent or lease a property if the policy specifies “no animals”? No
A building with a “no animals” policy must allow a person who uses a dog guide to keep
the animal. Refusing to rent or lease a property on this basis is a violation of the law.
Texas law states that a person who is blind or visually impaired who has a dog guide is
entitled to full and equal access to all housing accommodations provided under state
law.
The person may not be required to pay extra compensation for the dog guide.
Relevant Federal Law
The Fair Housing Act guarantees fair and equal access to housing accommodations
and exempts dog guides from pet deposit requirements. A violation is a misdemeanor
punishable by a fine of not less than $300 or more than $1,000.
Restaurants
Are persons who are blind with dog guides allowed in all public places, including
restaurants?
Yes
Dog guides are highly trained and disciplined animals. They are not pets, but working
animals that thrive on going places and doing things with the people they serve. Health
Department regulations do not prohibit dog guides in restaurants.
A restaurant should not hesitate to allow a person who is blind with a dog guide enter
any place where the public is regularly welcomed. Denying service or entrance to a
public facility is a violation of the law.
Is it okay to require dog guides to remain in the entrance lobby or an outside patio? No
Texas law safeguards the right of a person who is blind to be accompanied by a trained
dog guide in all public places. The dog can go anywhere your patrons can go such as
dining areas, serving lines, etc. Dog guide users are sensitive to your concerns and will
manage their dogs with great care.
Requiring the user to be separated from his or her dog is a misdemeanor violation of the
law punishable by a fine of not less than $300 or more than $1,000.
Transportation
Do dog guides travel free and not caged on public transportation such as taxi, airplanes,
buses, ferries and trains? Yes
An extra charge cannot be levied because of the dog’s presence. Dog guides travel with
their users at all times and are not caged.
The dogs typically ride under the user’s seat or the space directly in front.
Can I simply refuse to transport a person who is blind accompanied by a dog guide? No
Anyone who operates a common carrier, airplane, motor vehicle, train, bus, streetcar,
boat or any other mode of public transportation violates the law if they refuse to carry a
person who is blind accompanied by a dog guide and is subject to a fine of not less than
$300 or more than $1,000.
Medical Facilities
Are persons who are blind with dog guides allowed in all public places including
hospitals or other medical facilities? Yes
Dog guides are highly trained and disciplined animals. They are not pets, but working
animals that thrive on going places and doing things with the people they serve.
Visitors and patients who are ambulatory have a right to be accompanied by trained dog
guides in publicly accessible areas of medical facilities.
You should not hesitate to allow a person who is blind with a dog guide enter any place
where the public is regularly welcomed. Denying service or entrance to a public facility
is a violation of the law.
Can I require that the dog remain in the entrance, lobby, or an outside area? No
Texas law safeguards the right of a person who is blind to be accompanied by a trained
dog guide in all public places.
The dog can go anywhere the public can go, such as a doctor’s office, cafeteria,
patient’s room, waiting area, etc. Dog guide users are sensitive to your concerns and
will manage their dogs with great care.
Requiring the user to be separated from their dog is a misdemeanor violation of the law
punishable by a fine of not less than $300 or more than $1,000.
Common Courtesy
When a person who is blind is using a dog guide remember that the dog is a working
animal. Petting the dog or offering food will divert the dog’s attention and could put the
owner at risk. Always ask the owner’s permission before approaching a dog guide.
If you are going to guide a person who is blind let him take your arm. As the sighted
guide, your movements and verbal descriptions will help him know what to expect.
If you are giving directions, try to be specific. For example, “that office is straight ahead,
the third door on your left.”
Speak directly to a person who is blind, not through her companion.
When you enter or leave a room, where a person who is blind is present let her know.
Keep doors to a room, cabinet or car either fully opened or completely closed. A
partially opened door can be a hazard.
If you see a person who is blind who may need help, offer your services by asking, “may
I help you”.
As with all persons you meet, common sense and courtesy make the best
accommodations.
Access is Opportunity!
Full access to public places, the work place and housing is essential if Texas is to
benefit and prosper from the skills and abilities of people with disabilities.
Texas law reflects the State’s commitment to encouraging and enabling persons with
disabilities to:
• participate fully in the social and economic life of the state;
• achieve maximum personal independence;
• become gainfully employed; and
• fully use and enjoy all public facilities throughout the state.
This brochure is published by the
Department of Assistive and Rehabilitative Services
Division for Blind Services
Inquiries may be made to:
Department of Assistive and
Rehabilitative Services
4800 N. Lamar Blvd.
Austin, TX 78756
Phone:
512.377.0500 V/TTY (Austin)
800.628.5115 V/TTY (Toll Free)
Email:
DARS.Inquiries@dars.state.tx.us
Website:
http://www.dars.state.tx.us/
The Department of Assistive and Rehabilitative Services is an equal opportunity
employer and services provider.
# 01700 DBS 11/2006