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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 92A, Civil Practice and |
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Remedies Code, is amended 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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SECTION 2. Section 92A.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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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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(3) [(2)] "Vulnerable individual" means: |
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(A) a child younger than seven years of age; or |
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(B) an individual who by reason of age or |
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physical or mental disease, defect, or injury is substantially |
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unable to protect the individual's self from harm. |
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SECTION 3. Section 92A.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 92A.002. LIMITATION OF LIABILITY. (a) A person who, |
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by 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 entering the motor vehicle, ensures that |
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law enforcement is notified or 911 is called if the person is not a |
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law enforcement officer or other first responder; |
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(4) uses no more force to enter the motor vehicle and |
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remove the individual or animal than is necessary; [and] |
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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 law enforcement officer or other first responder arrives; and |
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(6) in the case of removing an animal from a vehicle, |
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places a note on the motor vehicle's windshield with the following |
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information: |
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(A) the person's telephone number, e-mail |
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address, or other method of contacting the person; |
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(B) an explanation of the reason that the person |
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entered the motor vehicle; |
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(C) the location of the animal; and |
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(D) a statement indicating that the person |
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either: |
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(i) notified law enforcement or called 911; |
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or |
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(ii) is a law enforcement officer or other |
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first responder. |
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(b) A person is not immune from civil liability for entering |
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a motor vehicle under this section if the person, upon notifying law |
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enforcement or calling 911, was advised by law enforcement |
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personnel to not enter the motor vehicle. |
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SECTION 4. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |