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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the civil liability of certain persons who |
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obtain or provide medical care and treatment for certain animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 92 to read as follows: |
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CHAPTER 92. LIMITATION OF LIABILITY FOR PERSON ASSISTING CERTAIN |
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ANIMALS |
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Sec. 92.001. DEFINITIONS. In this chapter: |
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(1) "Animal control agency" means a municipal or |
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county animal control office, or a state, county, or municipal law |
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enforcement agency, that collects, impounds, or keeps stray, |
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homeless, abandoned, or unwanted animals. |
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(2) "Livestock animal" means an equine animal or an |
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animal raised primarily for use as food for human consumption or to |
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produce fiber for human use and includes horses, cattle, sheep, |
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swine, goats, and poultry. |
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(3) "Nonlivestock animal" means a service animal or an |
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animal maintained as a pet in the home or on the property of the |
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animal's owner and includes captured wildlife or an exotic animal |
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maintained as a pet. The term does not include a livestock animal. |
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(4) "Running at large" means not under the control of |
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the owner or handler while: |
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(A) on the premises of another without the |
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consent of the owner of the premises or any other person authorized |
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to give consent; or |
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(B) on a highway, a public road or street, or any |
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other place open to the public generally. |
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(5) "Service animal" has the meaning assigned by the |
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Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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seq.). |
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Sec. 92.002. LIMITATION OF LIABILITY. (a) In this section, |
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"emergency" includes: |
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(1) a natural disaster, including an earthquake, fire, |
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flood, or storm; |
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(2) a hazardous chemical or substance incident; and |
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(3) a vehicular collision with an animal or other |
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transportation accident in which an animal is injured or is |
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otherwise in need of assistance to protect the animal's health or |
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life. |
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(b) A person who in good faith and without compensation |
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renders or obtains medical care or treatment for a nonlivestock |
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animal that is injured or in distress because of an emergency, |
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abandoned, running at large, or stray is not liable for civil |
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damages for an injury to the animal resulting from an act or |
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omission in rendering or obtaining the medical care or treatment, |
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unless the person commits gross negligence, if: |
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(1) the person first takes reasonable steps to locate |
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the animal's owner by: |
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(A) attempting to contact the animal's owner |
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using the contact information located on the animal's |
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identification tag, collar, or chip, if any, or taking other |
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reasonable action to contact the owner; or |
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(B) notifying an animal control agency with |
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authority over the area where the person resides, or an animal |
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control agency with authority over the area where the person took |
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custody of the animal if that area lies outside of the municipality |
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or county where the person resides, that the animal is in the |
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person's custody and providing the animal control agency with the |
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person's contact information; or |
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(2) a veterinarian determines that the animal: |
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(A) needs immediate medical treatment to |
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alleviate pain or save the animal's life; or |
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(B) exhibits visible signs of recent abuse as |
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described by Section 42.092(b), Penal Code. |
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Sec. 92.003. LIMITATION OF LIABILITY FOR ANIMAL CONTROL |
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AGENCIES AND CERTAIN EMPLOYEES. An animal control agency or an |
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employee of an animal control agency acting within the scope of the |
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person's employment that in good faith takes into custody and cares |
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for a nonlivestock animal that is abandoned, running at large, or |
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stray is not liable for civil damages for an injury to the animal |
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arising from an act or omission in caring for the animal, except in |
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a case of gross negligence, if the animal control agency obtains |
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custody of the animal from a person not affiliated with the animal |
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control agency and that person certifies in writing that the person |
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has taken reasonable steps to locate the owner as provided by |
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Section 92.002. |
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Sec. 92.004. EFFECT ON OTHER LAW. (a) This chapter does |
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not limit the application of or supersede Section 822.013, Health |
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and Safety Code, or Section 801.358, Occupations Code. |
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(b) This chapter does not create any civil liability or |
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waive any defense, immunity, or jurisdictional bar available under |
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state law. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |