85R2876 JRH-D
 
  By: Villalba H.B. No. 401
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil or criminal liability for leaving certain animals
  unattended in or removing certain individuals or animals from a
  motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 92A to read as follows:
  CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
  INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
         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)  "Vulnerable individual" means 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.
         Sec. 92A.002.  LIMITATION OF LIABILITY. 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 than
  is necessary;
               (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 or, if
  based on known circumstances the person has a good faith and
  reasonable belief that it is necessary to remove the individual or
  animal from the vicinity of the vehicle, leaves in a secure and
  conspicuous location on or within the vehicle written notice that
  provides the person's name and information and is otherwise
  sufficient to allow the individual or animal to be easily located;
  and
               (6)  in the case of an animal, as soon as practicable
  surrenders the animal to:
                     (A)  another person that the person reasonably
  believes is the animal's owner or caregiver; or
                     (B)  a law enforcement officer or other first
  responder.
         Sec. 92A.003.  EFFECT ON OTHER LAWS. This chapter does not
  affect limitation under Section 74.151 or 74.152 of a person's
  liability for good faith administration of emergency care.
         SECTION 2.  Chapter 9, Penal Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G. PROTECTION OF CERTAIN INDIVIDUALS OR ANIMALS IN
  MOTOR VEHICLES
         Sec. 9.71.  DEFINITIONS. In this subchapter:
               (1)  "Animal" and "motor vehicle" have the meanings
  assigned by Section 42.092.
               (2)  "Vulnerable individual" means 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.
         Sec. 9.72.  JUSTIFIED REMOVAL OF INDIVIDUAL OR ANIMAL FROM
  MOTOR VEHICLE. A person's conduct is justified when the actor, by
  force or otherwise, enters a motor vehicle for the purpose of
  removing a vulnerable individual or an animal from the vehicle if
  the actor:
               (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 than
  is necessary;
               (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 or, if
  based on known circumstances the actor has a good faith and
  reasonable belief that it is necessary to remove the individual or
  animal from the vicinity of the vehicle, leaves in a secure and
  conspicuous location on or within the vehicle written notice that
  provides the actor's name and information and is otherwise
  sufficient to allow the individual or animal to be easily located;
  and
               (6)  in the case of an animal, as soon as practicable
  surrenders the animal to:
                     (A)  a person that the actor reasonably believes
  is the animal's owner or caregiver; or
                     (B)  a law enforcement officer or other first
  responder.
         SECTION 3.  Section 22.10, Penal Code, is amended to read as
  follows:
         Sec. 22.10.  LEAVING A CHILD OR NONLIVESTOCK ANIMAL IN A
  VEHICLE. (a) A person commits an offense if the person [he]
  intentionally or knowingly leaves a child or animal in a motor
  vehicle for longer than five minutes and, as applicable, knows[,
  knowing] that:
               (1)  the child is:
                     (A) [(1)]  younger than seven years of age; and
                     (B) [(2)]  not attended by an individual in the
  vehicle who is 14 years of age or older; or
               (2)  the animal is:
                     (A)  not attended by an individual in the vehicle
  who is 14 years of age or older; and
                     (B)  exposed to harm, including harm caused by
  temperature or lack of ventilation, while being confined in the
  vehicle.
         (b)  An offense under this section is a Class C misdemeanor.
         (c)  To the extent that a local ordinance, rule, or
  regulation adopted by a political subdivision of this state
  prohibits or restricts leaving in a motor vehicle an unaccompanied
  animal to a greater degree than this section:
               (1)  Section 1.08 does not apply to the ordinance,
  rule, or regulation; and
               (2)  the ordinance, rule, or regulation is not
  preempted or superseded by this section.
         (d)  In this section, "animal" has the meaning assigned by
  Section 42.092.
         SECTION 4.  Section 42.092(a), Penal Code, is amended by
  adding Subdivision (6-a) to read as follows:
               (6-a)  "Motor vehicle" means a vehicle that is
  self-propelled or a trailer or semitrailer designed for use with a
  self-propelled vehicle.
         SECTION 5.  Sections 42.092(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  A person commits an offense if the person intentionally,
  knowingly, or recklessly:
               (1)  tortures an animal or in a cruel manner kills or
  causes serious bodily injury to an animal;
               (2)  without the owner's effective consent, kills,
  administers poison to, or causes serious bodily injury to an
  animal;
               (3)  fails unreasonably to provide necessary food,
  water, care, or shelter for an animal in the person's custody;
               (4)  abandons unreasonably an animal in the person's
  custody;
               (5)  transports or confines an animal in a cruel
  manner;
               (6)  without the owner's effective consent, causes
  bodily injury to an animal;
               (7)  causes one animal to fight with another animal, if
  either animal is not a dog;
               (8)  uses a live animal as a lure in dog race training
  or in dog coursing on a racetrack; [or]
               (9)  seriously overworks an animal; or
               (10)  leaves an animal unattended in a motor vehicle
  under circumstances that expose the animal to life-threatening heat
  or cold without providing proper protection for the animal.
         (c)  An offense under Subsection (b)(3), (4), (5), (6), [or]
  (9), or (10) is a Class A misdemeanor, except that the offense is a
  state jail felony if the person has previously been convicted two
  times under this section, two times under Section 42.09, or one time
  under this section and one time under Section 42.09. An offense
  under Subsection (b)(1), (2), (7), or (8) is a state jail felony,
  except that the offense is a felony of the third degree if the
  person has previously been convicted two times under this section,
  two times under Section 42.09, or one time under this section and
  one time under Section 42.09.
         SECTION 6.  (a)  Chapter 92A, Civil Practice and Remedies
  Code, as added by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act.
         (b)  The change in law made by this Act by adding Subchapter
  G, Chapter 9, Penal Code, and amending Sections 22.10 and 42.092,
  Penal Code, applies only to an offense committed on or after the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 7.  This Act takes effect September 1, 2017.