Emotional support animals (ESAs) can provide immeasurable comfort and support for those with mental health disabilities. If you’re a Texas resident and are currently considering an ESA, it’s important to know the legal rights that come with it. By being informed, you’ll be in the very best position to advocate for yourself and your ESA companion.

To help, we’ll provide an overview of Texas ESA laws and everything else you need to know about ESAs.

Emotional support animals are considered companion animals that provide therapeutic relief to individuals with diagnosed mental health conditions. More specifically, they ease disability-related symptoms through the comfort and reassurance their physical presence provides to their owners.

Any animal can become legally recognized as an ESA in Texas, including dogs, cats, rabbits, and more “unusual” pets, such as reptiles and ferrets.

Emotional support animals are protected under the Fair Housing Act (FHA) federal law in Texas.

The FHA aims to prohibit discrimination in housing based on characteristics like race, religion, sex, and disability. Since the FHA recognizes that ESAs can provide invaluable comfort and support to people with disabilities, these protections extend to them, too.

Under the FHA, emotional support animals are granted the following housing rights in Texas:

• The right to live with their owner in rental properties, even in accommodations where pets are typically not allowed

• Exemption from a landlord’s pet-related policies and fees

However, there are some rare circumstances where your ESA can be denied these rights in Texas. Some properties are exempt from the FHA, including:

• Properties with four or fewer units if the owner resides in one of these units

• Single-family homes that are rented without the use of a broker, provided the owner of the property does not own more than three single-family homes

• Properties owned by religious organizations or private clubs; preference can be given to members

Your ESA can also be denied accommodation if they cause any undue hardship on the landlord, behave in a way that endangers other tenants, or cannot be reasonably accommodated within the space. For instance, it wouldn’t be realistic (or safe) for an alpaca to live in a one-bedroom apartment.

In most instances, it is extremely rare for an ESA to be denied their rights as long as they are housebroken and well-behaved. That’s why it’s vital to ensure your companion is properly trained and socialized, even if they aren’t required to undergo training to qualify as an ESA.

Unfortunately, ESAs do not receive public access rights in Texas at a state level, nor do they receive them at a federal level. However, many businesses in Texas do opt to accommodate ESAs provided they’re housebroken, well-behaved, and don’t pose an undue hardship.

If you’re considering taking your ESA out in public, be sure to contact the businesses or areas you plan to visit to find out their personal stance on ESAs.

Emotional support animals used to be protected under the Air Carriers Access Act (ACAA) federal law. Under the ACAA, ESAs were legally permitted to travel on airplanes without being subjected to standard pet restrictions, policies, and fees.

However, as of 2021, the ACAA revised its policy to exclude ESAs from its definition of working animals. Now, only service animals trained to perform tasks are entitled to the legal rights defined in the ACAA.

Unfortunately, Texas also doesn’t grant ESAs additional travel rights at a state level. This means it is entirely up to an airline’s discretion whether your ESA can fly with you, and if standard pet policies or fees apply.

By law, an employer does not need to accommodate an emotional support animal in Texas. However, that doesn’t mean you can’t take your ESA to work with you. Many employers recognize the invaluable support ESAs provide and offer reasonable accommodation for them within the workplace. This is especially the case if the ESA isn’t likely to disrupt other employees at the premises.

If you’re considering bringing your ESA to your workplace in Texas, it’s important to first consult your employer directly. Be sure to advocate for yourself and emphasize how having your ESA by your side will allow you to better manage your symptoms within the workplace, which in turn can help you perform your job responsibilities.

Emotional support animals are protected under the FHA in Texas, though to qualify for these housing rights, you must get your ESA officially recognized. This involves obtaining a valid ESA letter from a mental healthcare professional who is licensed to practice in the state.

An ESA letter is a legal document that states you have been prescribed an ESA as part of your treatment plan for a diagnosed mental health disability. The letter can only be issued after an ESA evaluation with a mental healthcare professional.

Getting an ESA letter in Texas can seem daunting, but the team of experts at EmotionalSupportAnimal can help arrange everything for you and answer any concerns you have about the process. They also have a helpful online guide that covers emotional support animal laws in further detail.