Texas House Bill HB762

Texas 2021 - 87th Regular

Caption

Relating to civil liability for removing certain individuals or animals from a motor vehicle.

Impact

The bill provides immunity from civil liability to individuals who forcibly enter a locked vehicle to assist these vulnerable individuals or animals, provided they meet specific conditions outlined in the legislation. These conditions include having a reasonable belief that the individual or animal is in imminent danger, notifying law enforcement before entering the vehicle, and using minimal force necessary for the entry. The intent is to promote prompt action in emergency situations while protecting good Samaritans from potential legal challenges.

Summary

House Bill 762 introduces significant amendments to the Civil Practice and Remedies Code regarding civil liability in situations where an individual seeks to remove vulnerable individuals or domestic animals from a locked motor vehicle. The bill defines 'vulnerable individuals' as children under seven and individuals unable to protect themselves due to various impairments. The premise of the bill is to encourage bystanders to act in emergencies without the fear of facing legal repercussions when their actions are aimed at saving lives or preventing harm.

Contention

Notable contentious points surround the definitions of 'reasonable belief' and the circumstances that justify entry into a motor vehicle. The discussion also addresses whether the law adequately protects citizens while balancing the rights of vehicle owners. Some critics worry that the broad nature of the 'imminent harm' criterion could lead to misuse, allowing individuals to enter vehicles under less serious circumstances than intended. Additionally, there are calls for clear guidelines to ensure uniformity in enforcing this law, given its potential for varied interpretations.