Texas House Bill HB401

Texas 2017 - 85th Regular

• Filed: 11/17/16

Caption

Relating to civil or criminal liability for leaving certain animals unattended in or removing certain individuals or animals from a motor vehicle.

Impact

The law proposes significant changes to the Texas Civil Practice and Remedies Code and the Penal Code, specifically by adding Chapter 92A and creating a new subchapter that defines the circumstances under which individuals can act to remove animals or vulnerable individuals from motor vehicles. This bill aims to protect Good Samaritans who act in good faith and need to intervene to prevent harm. Notably, it specifies that immunity will apply if the individual has made reasonable efforts to contact emergency services before proceeding with their actions.

Summary

House Bill 401 addresses the civil and criminal liability associated with the removal of certain individuals or domestic animals from unattended vehicles. This legislation is designed to provide legal protections for individuals who enter locked vehicles to rescue vulnerable individuals or animals that may be in distress due to heat or other harmful conditions. It establishes a framework under which such actions can be taken without fear of legal repercussions, provided that specific criteria are met before entering the vehicle.

Contention

While the bill is aimed at enhancing animal welfare and protecting vulnerable people, it could also lead to contention around the definitions of 'vulnerable individuals' and what constitutes 'reasonable belief' for entering a vehicle. Critics may argue that the subjective nature of these definitions could lead to misuse or overreach, potentially undermining the rights of vehicle owners. Furthermore, the balance between protecting Good Samaritans and respecting property rights may spark debates among legislators and advocacy groups.

Additional_notes

HB401 serves as a legal acknowledgment of the risks associated with leaving animals or vulnerable individuals in vehicles, particularly during extreme weather conditions. The overarching goal is to encourage timely intervention and reduce the risks of harm while navigating the intricacies of liability law.