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.