Emotional Support Animal Letters

Emotional Support Animal Laws in Texas

There are no specific state laws in Texas that protect emotional support animals; however, owners of ESAs are protected under the federal Fair Housing Act (FHA).

Housing Laws

Clients living in Texas who have been granted an emotional support animal by a mental health professional are entitled to certain federal protections when it comes to renting a home or apartment. The law states that any person with a disability, either mental or physical, is given fair and equal access to housing with their ESA.

Under this law, Texas ESA owners can live with their animals, even in accommodation where pets are not normally allowed. While it’s not legally required, landlords can request to see your ESA letter that demonstrates your need for the animal.

Landlords are also not allowed to charge additional fees for tenants with ESAs, and they are not allowed to refuse to rent to a tenant because of their animal. However, you are financially liable if your ESA causes a threat to the landlord or other tenants or damages the property.

University campus housing is also covered under the Fair Housing Act, but dorm rooms are not. So, students who wish to have an ESA nearby while they study will want to keep this in mind. Like landlords, universities may also request an ESA letter to confirm the animal is registered and to determine its eligibility for housing accommodation.

It’s worth noting that hotels are not covered by the Fair Housing Act. If you are planning to travel to Texas and stay in a hotel with your ESA, you are not entitled to stay unless the hotel is pet friendly.

What is an Emotional Support Animal?

An emotional Support Animal or ESA is an animal that provides therapeutic benefits such as companionship, comfort, and emotional support to their owners suffering from mental health disabilities. Although ESAs are different from service animals, under U.S law and ESAs are considered a pet. ESAs can be dogs, cats, rabbits, mini pigs, or any domesticated animal of any age. ESAs are, however, expected to have conductible behaviour in social spaces.

Always keep in mind that an ESA is not a service animal. A service animal is specially trained to carry out activities for a person with a handicap. For instance, they may assist persons who have severe sight impairments or apply deep-pressure treatment to patients who are experiencing anxiety disorders. A dog is commonly used as a service animal. 

ESA or Assistance Animal does not have to be specially trained, can be any type of animal (cat, bird…), and a person can have more than one emotional support animal. An ESA helps improve a person’s mental health by living with and accompanying their person as a comfort animal.  

While a service dog can go to public places, an ESA might not necessarily be allowed into public places (like stores or gyms) unless the owner/manager of the location grants permission. 

Your rights to have an emotional support animal in Texas are federally protected by the ADA (Americans for Disability Act), HUD (Housing and Urban Development), and the FHA (Fair Housing Act). 

Texas Emotional Support Animal 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 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. 

Getting a Legal ESA Letter in Texas

The pivotal document that every ESA owner in Texas needs is a valid ESA letter, which serves as proof of the animal’s significance in the owner’s life. But who’s eligible to provide such a letter?

Texas-licensed healthcare professionals, including psychiatrists, therapists, psychologists, nurses, and social workers, can issue ESA letters. Physicians can also write ESA letters, but they more commonly come from dedicated mental health professionals. 

Typically, an ESA letter remains valid for a year. It’s important to keep this documentation updated to ensure uninterrupted rights and privileges for the ESA and its owner.