88R1750 AJA-D
 
  By: Flores H.B. No. 3756
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for removing certain individuals or
  animals from a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 92A, Civil Practice and
  Remedies Code, is amended to read as follows:
  CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
  INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
         SECTION 2.  Section 92A.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 92A.001.  DEFINITIONS.  In this chapter:
               (1)  "Domestic animal" means a dog, cat, or other
  domesticated animal that may be kept as a household pet. The term
  does not include a livestock animal, as defined by Section 87.001.
               (2)  "Motor vehicle" means a vehicle that is
  self-propelled or a trailer or semitrailer designed for use with a
  self-propelled vehicle.
               (3) [(2)]  "Vulnerable individual" means:
                     (A)  a child younger than seven years of age; or
                     (B)  an individual who by reason of age or
  physical or mental disease, defect, or injury is substantially
  unable to protect the individual's self from harm.
         SECTION 3.  Section 92A.002, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 92A.002.  LIMITATION OF LIABILITY. (a) A person who,
  by force or otherwise, enters a motor vehicle for the purpose of
  removing a vulnerable individual or a domestic animal from the
  vehicle is immune from civil liability for damages resulting from
  that entry or removal if the person:
               (1)  determines that:
                     (A)  the motor vehicle is locked; or
                     (B)  there is no reasonable method for the
  individual or animal to exit the motor vehicle without assistance;
               (2)  has a good faith and reasonable belief, based on
  known circumstances, that entry into the motor vehicle is necessary
  to avoid imminent harm to the individual or animal;
               (3)  before entering the motor vehicle, ensures that
  law enforcement is notified or 911 is called if the person is not a
  law enforcement officer or other first responder;
               (4)  uses no more force to enter the motor vehicle and
  remove the individual or animal than is necessary; [and]
               (5)  remains with the individual or animal in a safe
  location that is in reasonable proximity to the motor vehicle until
  a law enforcement officer or other first responder arrives; and
               (6)  in the case of removing an animal from a motor
  vehicle, places a note on the motor vehicle's windshield with the
  following information:
                     (A)  the person's telephone number, e-mail
  address, or other method of contacting the person;
                     (B)  an explanation of the reason that the person
  entered the motor vehicle;
                     (C)  the location of the animal; and
                     (D)  a statement indicating that the person
  either:
                           (i)  notified law enforcement or called 911;
  or
                           (ii)  is a law enforcement officer or other
  first responder. 
         (b)  A person is not immune from civil liability for entering
  a motor vehicle under this section if the person, upon notifying law
  enforcement or calling 911, was advised by law enforcement
  personnel to not enter the motor vehicle.
         SECTION 4.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act.  A cause of action that accrued before the effective date
  of this Act is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2023.