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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for removing certain individuals or |
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animals from a motor vehicle and criminal liability for removing |
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certain animals from a motor vehicle. |
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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 |
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INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE |
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Sec. 92A.001. DEFINITIONS. In this chapter: |
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(1) "Animal control officer" has the meaning assigned |
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by Section 829.001, Health and Safety Code. |
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(2) "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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(3) "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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(4) "Vulnerable individual" means an individual who by |
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reason of age or physical or mental disease, defect, or injury is |
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substantially unable to protect the individual's self from harm. |
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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 vulnerable individual or a domestic animal from the |
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vehicle is immune from civil liability for damages resulting from |
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that entry or removal if the 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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individual or 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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known circumstances, that entry into the motor vehicle is necessary |
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to avoid imminent harm to the individual or animal; |
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(3) before or immediately after entering the motor |
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vehicle, ensures that law enforcement or animal control, as |
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appropriate, is notified or 9-1-1 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 individual or animal in a safe |
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location that is in reasonable proximity to the motor vehicle until |
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a first responder or animal control officer arrives or, if based on |
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known circumstances the person has a good faith and reasonable |
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belief that it is necessary to remove the individual or animal from |
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the vicinity of the vehicle, leaves in a secure and conspicuous |
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location on or within the vehicle written notice that provides the |
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person's name and information and is otherwise sufficient to allow |
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the individual or animal to be easily located; and |
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(6) in the case of an animal, transfers control of the |
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animal to the first responder or officer on the first responder's or |
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officer's arrival. |
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Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not |
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affect limitation under Section 74.151 or 74.152 of a person's |
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liability for good faith administration of emergency care. |
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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. DEFINITIONS. In this subchapter: |
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(1) "Animal" has the meaning assigned by Section |
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42.092. |
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(2) "Animal control officer" has the meaning assigned |
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by Section 829.001, Health and Safety Code. |
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(3) "Motor vehicle" has the meaning assigned by |
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Section 92A.001, Civil Practice and Remedies Code. |
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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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known circumstances, that entry into the motor vehicle is necessary |
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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 or animal control, as |
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appropriate, is notified or 9-1-1 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 a first |
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responder or animal control officer arrives or, if based on known |
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circumstances the actor has a good faith and reasonable belief that |
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it is necessary to remove the animal from the vicinity of the |
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vehicle, leaves in a secure and conspicuous location on or within |
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the vehicle written notice that provides the actor's name and |
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information and is otherwise sufficient to allow the animal to be |
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easily located; and |
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(6) transfers control of the animal to the first |
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responder or officer on the first responder's or officer's arrival. |
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SECTION 3. (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, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this subsection, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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