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ESA Letter Texas

Texas ESA Laws: A Complete 2026 Guide (Housing, Travel & Workplace)

Erika Caturegli, PhDWritten by: Erika Caturegli, PhD - Updated:Feb 04, 2026
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If you’re living in Texas and want to bring an emotional support animal (ESA) into your life, there are specific rules you have to follow so your rights are protected and you avoid legal trouble.  Navigating ESA laws in Texas, understanding what Texas ESAs are, how they’re legally defined, what protections they benefit from can feel overwhelming. This guide outlines the process of obtaining an ESA letter step-by-step so you feel confident and supported.

Warning: Texas Law Penalizes Service Animal Misrepresentation

Texas House Bill 4164 (effective September 1, 2023) makes fraudulently misrepresenting an animal as a service animal or assistance animal a Class B misdemeanor, punishable by a fine up to $1,000 and 30 hours of community service under Texas Human Resources Code § 121.006. ESAs do NOT have public access rights in Texas. Attempting to bring your ESA into restaurants, stores, or other public places by falsely claiming it’s a service animal could result in criminal penalties. Additionally, Texas Penal Code § 42.091 makes attacking or interfering with an assistance animal a criminal offense. Work only with licensed Texas mental health professionals to obtain legitimate ESA documentation.

Key Takeaways for Texas ESA Owners

  • An emotional support animal (ESA) is protected under the Federal Fair Housing Act which provides robust housing rights, requiring Texas landlords to accommodate legitimate ESAs
  • No state waiting period: Texas does not require a 30-day therapeutic relationship before ESA letter issuance, but the letter must come from a licensed Texas mental health professional
  • ESAs in Texas housing are exempt from pet fees, pet deposits, and breed/weight restrictions when properly documented
  • Public access limitations: Texas ESAs cannot enter restaurants, retail stores, or most public spaces
  • Airlines no longer required to accommodate ESAs: expect pet fees and standard pet travel policies since 2021
  • Employment protections limited: Texas employers maintain discretion over workplace ESA accommodations under federal ADA guidelines
  • Documentation requirements: secure your ESA letter from a Texas-licensed mental health professional with an established therapeutic relationship
  • Severe penalties for fraud: up to $1,000 fine and 30 hours community service for misrepresenting ESAs as service animals

CertaPet is Fully Compliant with Texas ESA Law

  • Licensed Texas mental health professionals
  • Complies with Texas HB 4164 requirements
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What is a Texas Emotional Support Animal?

An emotional support animal (ESA) is not the same as a service animal. A service animal is trained to perform specific tasks for a person with a disability (under the Americans with Disabilities Act or ADA). ESAs simply provide emotional or psychological support through their presence.

In Texas:

  • Federal law (via the Fair Housing Act or FHA) gives protection in housing for ESAs, even in “no pets” buildings at no additional cost.
  • ESAs are not granted full public access rights (like in restaurants or stores) simply by virtue of being an ESA. It is up to the discretion of business owners and establishments to allow support pets or not.

ESA vs. Service Dog — Key Differences

FeatureService Animal (ADA)ESA (Housing & Texas)
Must be trained to perform tasks?✅ Yes❌ No required training
Public access rights (restaurants, stores)?✅ Yes⚠️ No automatic rights; depends on location/building
Housing accommodation?✅ Covered (as service animal)✅ Covered under FHA (and Texas housing law)
Penalty for misrepresentation?✅ Yes (Texas felony/misdemeanor)✅ Yes (Texas statute covers false representations)

What This Means for You 

YES, if you have a valid ESA letter and a diagnosed disability, you may qualify for housing protections in Texas.
NO, ESAs do not automatically get the same public access rights as service dogs under ADA.
You must follow proper documentation and your request can be denied if the animal poses a risk or your letter is invalid.

How to Get a Legitimate Texas ESA Letter (Step-by-Step)

  1. Find a licensed mental health professional in Texas: One who holds a valid license in Texas. Online services are valid, but the provider must be licensed in Texas.
  2. Undergo an evaluation: The professional should assess whether you have a mental or emotional disability and whether an ESA represents a beneficial part of your treatment plan.
  3. Secure a properly-written ESA letter. A compliant letter should:
    • Be on letterhead, include the provider’s name, license number, state, contact info, and the date in which the letter was issued.
    • State you have a disability and that an ESA is necessary for you.
    • Be current. An ESA letter has validity for one year, so it is important for it to be up-to-date.
  4. Submit the letter when requesting housing accommodation: Provide it to your landlord or property manager when asking for your ESA to live with you.
  5. Avoid “instant approval” scams: Some online services promise turnkey ESA letters without proper evaluation. These letters are not valid, can undermine your rights, and can put you at risk of legal consequences.

Texas Law Alert: Texas does not require a specific “30-day waiting period” for ESA letters statewide. However, fraudulent letters or misrepresentations can trigger penalties under Texas law.

If you’re worried about the process of obtaining a valid ESA letter, CertaPet is here to assist you every step of the way. You will find licensed professionals in the state of Texas ready to help you answer any question you might have. 

Understanding Your Texas ESA Housing Rights

When you live in Texas and have a valid ESA letter, you have key rights under federal law, and these apply in Texas housing.

  • Under the FHA, housing providers must consider your request for an ESA as a reasonable accommodation, even if they have a “no-pets” policy.
  • Landlords cannot charge pet rent, additional deposits, or enforce breed/size restrictions just because you have an ESA, when you provide a legitimate letter.
  • Under the HUD a landlord may only deny the accommodation if:
    • The animal poses a direct threat to the health or safety of other tenants.
    • The animal causes substantial property damage.
    • The request imposes an undue burden on the housing provider.
  • Texas agency resources, such as the Texas Workforce Commission Civil Rights Division, can investigate housing discrimination.

What This Means for You

Your housing provider must allow your ESA to live with you when you have a valid letter and you ask formally.
You can’t skip the letter, ignore approval processes, or assume all housing allows ESAs without question.
Providers can still ask you for documentation, and you should follow their procedures, make your request formally and early.

Where Can You Take Your ESA in Texas? (Rules, Risks & Limits)

  • Public places (restaurants, stores, cinemas): Your ESA does not automatically have access rights under the ADA. Businesses can refuse entry unless your animal qualifies as a trained service animal under ADA. Some establishments might make exceptions at their discretion, or you will have to look for pet friendly restaurants, and hotels.
  • Travel (airlines, other carriers): In 2021, the rules of the Air Carrier Access Act changed, and ESAs lost their status as service animals. Emotional support animals are now recognized as regular pets by most airlines, so they are subject to pet fees, size and breed restrictions.
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  • Housing common areas or events: Even if your ESA is approved for your unit, extra rules may apply for common spaces, check the property policy.

What This Means for You

You can live with your ESA in your unit (with a valid letter).
You do not have blanket rights to bring the ESA everywhere (restaurants, public places, hotels, etc.) where service animals can go.
Always ask in advance, be respectful of space, and keep documentation ready (for housing or transport only—public access seldom applies).

Texas ESA Rules for the Workplace

While much of the focus is on housing, your workplace rights are also important.

  • Under the ADA and state disability laws, if you have a disability, your employer must consider requests for reasonable accommodation. In some cases, this can include an ESA depending on the employer, job, and animal’s role.
  • Texas state guidance indicates resources available via the Office of the Texas Governor’s disabilities page on service and assistance animals.
  • Important: ESAs are not automatically guaranteed workplace access. The key question is: “Does the presence of the animal enable the employee to perform their job better?” You can always request accommodation, but it is up to your employer’s discretion to allow it.

What This Means for You

You can ask your employer for accommodation that involves your ESA, but this is a request, not a right that applies in all circumstances.
Your boss isn’t legally obligated to allow your ESA under all conditions just because you own one.
Presenting clear documentation and being flexible with how the ESA will behave can greatly improve your chances.

Texas ESA Resources for Students

University and College Housing

Texas college and university housing falls under FHA jurisdiction, meaning ESAs receive accommodations as reasonable disability support, though access remains limited to student living quarters. Universities may remove animals that pose health/safety threats or interfere with University programs.

Typical process:

  • Contact your school’s Disability Services office, Student Accessibility Services, or Student Disability Resources (not housing departments initially)
  • Provide ESA documentation from a qualified Texas-licensed provider
  • Follow approval processes and requirements (vaccinations, behavioral standards, designated areas)

Texas schools with documented ESA policies:

University of Texas at Austin:

  • ESAs permitted in University Housing through Disability and Access office
  • Students must submit request and receive approval before bringing animal to campus
  • Must provide documentation from Texas-licensed mental health professional
  • ESAs restricted to student’s assigned housing only
  • ESAs NOT permitted in other UT Austin buildings (classrooms, libraries, dining facilities, academic buildings)
  • Minimum one-week stay requirement for visitors with ESAs in housing
  • Apply at least 3 weeks before arrival
  • Unauthorized animals may be removed from housing
  • Contact: Disability and Access or Institutional Accessibility and Accommodation at ada@austin.utexas.edu

Texas Tech University (TTU) (Lubbock):

  • ESAs permitted in University Housing through Student Disability Services (SDS)
  • Students must complete accommodation request process before bringing animal to campus
  • Must provide documentation from qualified Texas provider with established therapeutic relationship
  • ESAs restricted to residential areas only
  • ESAs NOT permitted in classroom buildings, TTU Library, or other campus facilities
  • Approval process typically takes 10 days or less
  • Must obtain roommate consent for shared spaces
  • Contact: Student Disability Services – (806) 742-2405 or 130 Weeks Hall

University of Texas at San Antonio (UTSA) (San Antonio):

  • ESAs permitted in University Housing through Student Disability Services (SDS)
  • Students must complete registration process and secure housing placement before approval
  • Must provide documentation from physician, psychiatrist, social worker, or mental health professional
  • Documentation must articulate need for ESA and how it alleviates disability symptoms
  • ESAs restricted to UTSA housing assignments only
  • NOT permitted in academic settings or other campus facilities
  • Contact: Student Disability Services

ESA Resources for Texas Veterans

Federal & State Housing Protections

Veterans in Texas receive the same Fair Housing Act protections as all other residents. There are no special state ESA laws specifically for veterans, but veterans qualify for ESA housing accommodations just like any other Texas resident with a documented mental health condition.

VA Mental Health Services & ESA Letters

Texas veterans can access mental health services through the VA healthcare system. VA mental health providers licensed in Texas can issue valid ESA letters that meet Fair Housing Act requirements.

Key points for veterans:

  • Veterans receive same FHA protections as all residents
  • VA-connected mental health providers licensed in TX can issue valid ESA letters
  • ESAs are NOT allowed on VA facility grounds (service animals only)
  • Veterans can use VA mental health services to connect with TX-licensed providers for ESA evaluations
  • No 30-day relationship requirement in Texas (unlike California, Iowa, or Arkansas)

VA Facilities Offering Mental Health Evaluations:

  • Dallas VA Medical Center – 4500 South Lancaster Road, Dallas, TX 75216 – (214) 742-8387 – Comprehensive mental health services including psychiatric care, PTSD treatment, and suicide prevention
  • Audie L. Murphy Memorial VA Hospital – 7400 Merton Minter Boulevard, San Antonio, TX 78229 – (210) 617-5300 – Full mental health services and emergency psychiatric care available 24/7
  • Central Texas Veterans Health Care System – Temple and Waco campuses with Austin Outpatient Clinic – (254) 778-4811 (Temple) – One of the largest inpatient psychiatric facilities in VA system, PTSD and TBI treatment
  • Michael E. DeBakey VA Medical Center – 2002 Holcombe Boulevard, Houston, TX 77030 – (713) 791-1414 – Comprehensive mental health and psychiatric services

Additional Support:

  • Texas Veterans Commission: (512) 463-6564 – State agency advocating for Texas veterans
  • Vet Centers throughout Texas: Confidential counseling for PTSD, depression, MST, and readjustment support
  • Veterans Crisis Line: 988, then press 1 (24/7 support)
Frequently Asked Questions
Do I need to register my emotional support animal in Texas?

No. There is no official ESA registry in Texas or any other state. Websites claiming to “register” or “certify” your ESA are scams. The only documentation you need is a legitimate ESA letter from a Texas-licensed mental health professional. Texas does not require certificates, vests, ID tags, or specific harnesses for ESAs.

Can my landlord charge me a pet deposit for my ESA in Texas?

No. Under the Fair Housing Act, landlords in Texas cannot charge pet deposits, pet rent, or additional fees for emotional support animals. However, you remain financially responsible for any damage your ESA causes to the property, and landlords can charge you for repairs beyond normal wear and tear.

Can I bring my ESA to restaurants, stores, or hotels in Texas?

No. Emotional support animals do not have public access rights in Texas. Only service animals (dogs and miniature horses individually trained to perform specific disability-related tasks) are allowed in public accommodations under the ADA. Attempting to bring an ESA into public places by falsely claiming it’s a service animal is a Class B misdemeanor under Texas HB 4164, punishable by up to $1,000 fine and 30 hours of community service.

Can I fly with my ESA in Texas?

No. Airlines are no longer required to accommodate emotional support animals under updated Department of Transportation regulations that took effect in 2021. Most airlines now treat ESAs as regular pets and charge standard pet fees. If you need to fly with an animal for psychiatric reasons, consider whether your animal qualifies as a psychiatric service dog (PSD), which has air travel protections.

Does Texas require a 30-day relationship before issuing an ESA letter?

No. Texas does not have a state-mandated 30-day waiting period for ESA letters (unlike California, Iowa, Arkansas, Montana, or Louisiana). However, the ESA letter must come from a Texas-licensed mental health professional who has an established therapeutic relationship with you and has conducted a proper clinical evaluation of your disability and need for an ESA.

What should I do if my landlord denies my ESA request in Texas?

First, ensure your ESA letter is legitimate and from a Texas-licensed mental health professional. If your documentation is valid and the landlord still denies your request without legal justification, file a complaint with HUD’s Fort Worth Regional Office at (817) 978-5600 or (888) 560-8913. You have one year to file with HUD from the date of discrimination. You can also contact the Texas Workforce Commission Civil Rights Division.

Can I have more than one ESA in Texas?

Yes, you can have multiple emotional support animals if your Texas-licensed mental health professional determines that each animal is necessary to alleviate symptoms of your disability. Each ESA must be individually documented in your ESA letter. However, having a very large number of ESAs may not be considered a “reasonable” accommodation under federal fair housing law.

Does my ESA need special training in Texas?

No. Emotional support animals do not require any specialized training in Texas. Their therapeutic benefit comes from their presence and companionship, not from performing specific tasks. However, your ESA must be well-behaved, housebroken, and under your control at all times. Animals that pose safety threats or cause substantial property damage can be legally denied or removed.

What are the penalties for misrepresenting a service animal in Texas?

Under Texas HB 4164 (effective September 1, 2023) and Texas Human Resources Code § 121.006, fraudulently misrepresenting an animal as a service animal or assistance animal is a Class B misdemeanor punishable by a fine up to $1,000 and 30 hours of community service. Additionally, Texas Penal Code § 42.091 makes attacking or interfering with an assistance animal a criminal offense. Habitually abusing or neglecting a service animal can result in the animal being seized.

Can I bring my ESA to work in Texas?

Texas employers are not required to allow ESAs in the workplace under federal ADA guidelines. The ADA only protects trained service animals in employment settings. However, some employers may voluntarily allow ESAs as a reasonable accommodation for employees with disabilities. Contact your employer’s HR department to discuss whether this accommodation is possible in your specific situation.

Do I need an ESA letter to keep my emotional support animal in Texas housing?

Yes. To receive Fair Housing Act protections in Texas, you must have a valid ESA letter from a Texas-licensed mental health professional who has an established therapeutic relationship with you. Without proper documentation, landlords can treat your animal as a regular pet and apply standard pet policies, fees, and restrictions.

Can my HOA or condo association deny my ESA in Texas?

No. Homeowners associations (HOAs) and condo associations in Texas must comply with the Fair Housing Act, requiring them to provide reasonable accommodations for ESAs even if their bylaws or CC&Rs prohibit pets. You must provide valid ESA documentation from a Texas-licensed mental health professional, and the association cannot charge pet fees. However, they can deny requests if the animal poses a direct threat to safety or would cause substantial property damage.

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