BILL ANALYSIS

C.S.H.B. 810

By: Israel

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the high number of animals, often dogs, that die or suffer other adverse effects from being left unattended in hot cars. C.S.H.B. 810 seeks to alleviate this problem by providing immunity from civil liability, subject to certain conditions, for a person who enters a vehicle to remove a domestic animal that the person believes to be in danger of imminent harm.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 810 amends the Civil Practice and Remedies Code to extend the immunity from civil liability for a person who, by force or otherwise, enters a motor vehicle for the purpose of removing a vulnerable individual from the vehicle to apply to a person who, by force or otherwise, enters a motor vehicle for the purpose of removing from the vehicle a dog, cat, or other domesticated animal that may be kept as a household pet, excluding a livestock animal, provided the person's actions and state of mind in doing so meet the requisite conditions. The bill expressly does not grant immunity from civil liability to a person who, upon notifying law enforcement or calling 911, was advised by law enforcement personnel to not enter the motor vehicle.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 810 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision requiring a person who removes an animal from a motor vehicle, as a condition of the immunity from civil liability provided by the bill, to place a note containing certain information on the vehicle's windshield.

The substitute excludes from the immunity from civil liability granted by the bill a person who, upon notifying law enforcement or calling 911, enters a motor vehicle contrary to advice received from law enforcement personnel.