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ESA Letter Texas

Texas ESA Laws: A Complete 2025 Guide (Housing, Travel & Workplace)

Erika Caturegli, PhDWritten by: Erika Caturegli, PhD - Updated:Nov 25, 2025
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Texas ESA Laws: A Complete 2025 Guide (Housing, Travel & Workplace)

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 can feel overwhelming; this guide outlines the process of obtaining an ESA letter step-by-step so you feel confident and supported.

Warning: Under House Bill 4164 (effective Sept 1 2023), falsely claiming a pet is a service or assistance animal in Texas can bring a fine of up to $1,000 and 30 hours of community service.

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

Feature Service 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, your ESA does not automatically get the same public access rights as a service dog under ADA.
  • You must follow proper documentation and your request can be denied if the animal poses a risk or your letter is invalid.
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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.

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Understanding Your Texas ESA Housing Rights

  • 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 guidance, 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.
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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.
  • 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).
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Texas ESA Rules for the Workplace

  • 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.
  • 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.
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Texas ESA Resources for Students and Veterans

Students:

Veterans:

Veterans can greatly benefit from ESAs as part of their mental health treatment (e.g. to alleviate symptoms of conditions such as PTSD). It is important to note that while the U.S. Department of Veterans Affairs (VA) may provide treatment, veterans often need an independent licensed mental health professional to prescribe their ESA letter.

What This Means for You

  • College students and veterans living in Texas can use ESAs if they meet the criteria and obtain housing rights even on campus.
  • You can’t assume any university or VA housing will automatically approve support pets—you’ll need to follow the specific process.
  • You have good support options; student disability offices and veteran services can help guide you through the steps.
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Your Texas ESA Questions Answered (FAQ)

▼ Do I need to register my ESA in Texas?

No state-law registration is required. The key requirement is a valid ESA letter from a licensed Texas mental health professional, such as one obtained through a compliant provider.

▼ Can a landlord charge me a pet deposit if I have an ESA?

No. If you provide proper documentation and the animal is prescribed as an ESA and part of your treatment, the landlord cannot impose additional pet rent or pet deposits.

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

No, there is no automatic right. ESAs do not fall under the ADA’s public-access protections for service animals. Entry is at the discretion of the business.

▼ How often must my ESA letter be renewed?

ESA letters are typically valid for 12 months. Because a patient’s situation can change, the letter should be renewed yearly to keep documentation current.

▼ What happens if I misrepresent my animal as a service animal?

You risk a fine of up to $1,000 and 30 hours of community service under Texas law (HB 4164) for misrepresenting your animal as a service animal.

▼ Does the letter need to come from within Texas?

Yes. For Texas housing accommodations, the mental health professional who writes the ESA letter should hold a valid Texas license.

▼ What animals qualify as ESAs in Texas?

There is no strict state list. Dogs, cats, rabbits, and some other household animals may qualify as ESAs, as long as a licensed professional supports their role in an ESA letter and the animal does not pose a safety threat.

▼ Are there size or breed restrictions for ESAs?

No. For housing accommodation purposes, landlords generally cannot impose breed or size restrictions on ESAs when the owner holds a valid ESA letter, unless the individual animal poses a direct threat or causes undue burden.

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