Sec. 21.012. PRESENCE OF QUALIFIED FACILITY DOG OR QUALIFIED THERAPY DOG IN COURT PROCEEDING. (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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