85R1864 JRH-D

By: Uresti S.B. No. 188

A BILL TO BE ENTITLED

AN ACT

relating to civil or criminal liability for transporting in, confining in, or removing from a motor vehicle certain animals.

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 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.

Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by force or otherwise, enters a motor vehicle for the purpose of removing 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 domestic animal to exit the motor vehicle without assistance;

(2) has a good faith and reasonable belief, based on the known circumstances, that entry into the motor vehicle is necessary to avoid imminent harm to the domestic animal;

(3) before or immediately after entering the motor vehicle, ensures that law enforcement is notified or 911 is called;

(4) uses no more force to enter the motor vehicle than is necessary;

(5) remains with the domestic animal in a safe location that is in reasonable proximity to the motor vehicle until law enforcement or another first responder arrives; and

(6) transfers control of the domestic animal to the first responder on the first responder's arrival.

SECTION 2. Chapter 9, Penal Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. PROTECTION OF CERTAIN ANIMALS IN MOTOR VEHICLES

Sec. 9.71. DEFINITION. In this subchapter, "animal" and "motor vehicle" have the meanings assigned by Section 42.092.

Sec. 9.72. JUSTIFIED REMOVAL OF 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 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 animal to exit the motor vehicle without assistance;

(2) has a good faith and reasonable belief, based on the known circumstances, that entry into the motor vehicle is necessary to avoid imminent harm to the animal;

(3) before or immediately after entering the motor vehicle, ensures that law enforcement is notified or 911 is called;

(4) uses no more force to enter the motor vehicle than is necessary;

(5) remains with the animal in a safe location that is in reasonable proximity to the motor vehicle until law enforcement or another first responder arrives; and

(6) transfers control of the animal to the first responder on the first responder's arrival.

SECTION 3. 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 4. Section 42.092(b), Penal Code, is 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, including by depriving an animal of adequate ventilation or exposing an animal in a motor vehicle to prolonged and life-threatening heat or cold without providing proper protection for the 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, including by depriving an animal of adequate ventilation or exposing an animal in a motor vehicle to prolonged and life-threatening heat or cold without providing proper protection for the animal;

(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.

SECTION 5. (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 Section 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 6. This Act takes effect September 1, 2017.