| |
|
|
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. 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 FROM MOTOR VEHICLE |
|
|
Sec. 92A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Motor vehicle" means a vehicle that is |
|
|
self-propelled or a trailer or semitrailer designed for use with a |
|
|
self-propelled vehicle. |
|
|
(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. |
|
|
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 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 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; |
|
|
(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 than is necessary; and |
|
|
(5) remains with the individual |
|
|
in a safe location |
|
|
that is in reasonable proximity to the motor vehicle until a law |
|
|
enforcement officer or other first responder arrives. |
|
|
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 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. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |