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A BILL TO BE ENTITLED
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AN ACT
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relating to civil or criminal liability for transporting in, |
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confining in, or removing from a motor vehicle 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 92A to read as follows: |
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CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN ANIMALS |
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FROM MOTOR VEHICLE |
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Sec. 92A.001. DEFINITIONS. In this chapter: |
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(1) "Domestic animal" means a dog, cat, or other |
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domesticated animal that may be kept as a household pet. The term |
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does not include a livestock animal, as defined by Section 87.001. |
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(2) "Motor vehicle" means a vehicle that is |
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self-propelled or a trailer or semitrailer designed for use with a |
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self-propelled vehicle. |
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Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by |
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force or otherwise, enters a motor vehicle for the purpose of |
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removing a domestic animal from the vehicle is immune from civil |
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liability for damages resulting from that entry or removal if the |
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person: |
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(1) determines that: |
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(A) the motor vehicle is locked; or |
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(B) there is no reasonable method for the |
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domestic animal to exit the motor vehicle without assistance; |
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(2) has a good faith and reasonable belief, based on |
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the known circumstances, that entry into the motor vehicle is |
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necessary to avoid imminent harm to the domestic animal; |
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(3) before or immediately after entering the motor |
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vehicle, ensures that law enforcement is notified or 911 is called; |
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(4) uses no more force to enter the motor vehicle than |
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is necessary; |
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(5) remains with the domestic animal in a safe |
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location that is in reasonable proximity to the motor vehicle until |
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law enforcement or another first responder arrives; and |
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(6) transfers control of the domestic animal to the |
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first responder on the first responder's arrival. |
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SECTION 2. Chapter 9, Penal Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. PROTECTION OF CERTAIN ANIMALS IN MOTOR VEHICLES |
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Sec. 9.71. DEFINITION. In this subchapter, "animal" and |
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"motor vehicle" have the meanings assigned by Section 42.092. |
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Sec. 9.72. JUSTIFIED REMOVAL OF ANIMAL FROM MOTOR VEHICLE. |
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A person's conduct is justified when the actor, by force or |
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otherwise, enters a motor vehicle for the purpose of removing an |
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animal from the vehicle if the actor: |
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(1) determines that: |
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(A) the motor vehicle is locked; or |
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(B) there is no reasonable method for the animal |
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to exit the motor vehicle without assistance; |
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(2) has a good faith and reasonable belief, based on |
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the known circumstances, that entry into the motor vehicle is |
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necessary to avoid imminent harm to the animal; |
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(3) before or immediately after entering the motor |
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vehicle, ensures that law enforcement is notified or 911 is called; |
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(4) uses no more force to enter the motor vehicle than |
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is necessary; |
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(5) remains with the animal in a safe location that is |
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in reasonable proximity to the motor vehicle until law enforcement |
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or another first responder arrives; and |
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(6) transfers control of the animal to the first |
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responder on the first responder's arrival. |
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SECTION 3. Section 42.092(a), Penal Code, is amended by |
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adding Subdivision (6-a) to read as follows: |
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(6-a) "Motor vehicle" means a vehicle that is |
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self-propelled or a trailer or semitrailer designed for use with a |
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self-propelled vehicle. |
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SECTION 4. Section 42.092(b), Penal Code, is amended to |
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read as follows: |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly: |
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(1) tortures an animal or in a cruel manner kills or |
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causes serious bodily injury to an animal, including by depriving |
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an animal of adequate ventilation or exposing an animal in a motor |
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vehicle to prolonged and life-threatening heat or cold without |
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providing proper protection for the animal; |
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(2) without the owner's effective consent, kills, |
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administers poison to, or causes serious bodily injury to an |
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animal; |
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(3) fails unreasonably to provide necessary food, |
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water, care, or shelter for an animal in the person's custody; |
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(4) abandons unreasonably an animal in the person's |
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custody; |
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(5) transports or confines an animal in a cruel |
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manner, including by depriving an animal of adequate ventilation or |
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exposing an animal in a motor vehicle to prolonged and |
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life-threatening heat or cold without providing proper protection |
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for the animal; |
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(6) without the owner's effective consent, causes |
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bodily injury to an animal; |
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(7) causes one animal to fight with another animal, if |
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either animal is not a dog; |
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(8) uses a live animal as a lure in dog race training |
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or in dog coursing on a racetrack; or |
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(9) seriously overworks an animal. |
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SECTION 5. (a) Chapter 92A, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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(b) The change in law made by this Act by adding Subchapter |
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G, Chapter 9, Penal Code, and amending Section 42.092, Penal Code, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |