| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil liability for removing certain individuals or |
|
|
animals from a motor vehicle. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Chapter 92A, Civil Practice and |
|
|
Remedies Code, is amended to read as follows: |
|
|
CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN |
|
|
INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE |
|
|
SECTION 2. Section 92A.001, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
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. |
|
|
(3) [(2)] "Vulnerable individual" means: |
|
|
(A) a child younger than seven years of age; or |
|
|
(B) an individual who by reason of age or |
|
|
physical or mental disease, defect, or injury is substantially |
|
|
unable to protect the individual's self from harm. |
|
|
SECTION 3. Section 92A.002, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 92A.002. LIMITATION OF LIABILITY. (a) A person who, |
|
|
by force or otherwise, enters a motor vehicle for the purpose of |
|
|
removing a vulnerable individual or 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 |
|
|
individual or animal to exit the motor vehicle without assistance; |
|
|
(2) has a good faith and reasonable belief, based on |
|
|
known circumstances, that entry into the motor vehicle is necessary |
|
|
to avoid imminent harm to the individual or animal; |
|
|
(3) before entering the motor vehicle, ensures that |
|
|
law enforcement is notified or 911 is called if the person is not a |
|
|
law enforcement officer or other first responder; |
|
|
(4) uses no more force to enter the motor vehicle and |
|
|
remove the individual or animal than is necessary; and |
|
|
(5) remains with the individual or animal in a safe |
|
|
location that is in reasonable proximity to the motor vehicle until |
|
|
a law enforcement officer or other first responder arrives. |
|
|
(b) A person is not immune from civil liability for entering |
|
|
a motor vehicle under this section if the person, upon notifying law |
|
|
enforcement or calling 911, was advised by law enforcement |
|
|
personnel to not enter the motor vehicle. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrued before the effective date |
|
|
of this Act is governed by the law applicable to the cause of action |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |