82R13686 ALB-D
By: Phillips H.B. No. 2471
A BILL TO BE ENTITLED
AN ACT
relating to limiting the civil liability of certain persons who
obtain or provide medical care and treatment for certain animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 92 to read as follows:
CHAPTER 92. LIMITATION OF LIABILITY FOR PERSON ASSISTING CERTAIN
ANIMALS
Sec. 92.001. DEFINITIONS. In this chapter:
(1) "Animal control agency" means a municipal or
county animal control office, or a state, county, or municipal law
enforcement agency, that collects, impounds, or keeps stray,
homeless, abandoned, or unwanted animals.
(2) "Livestock animal" means an equine animal or an
animal raised primarily for use as food for human consumption or to
produce fiber for human use and includes horses, cattle, sheep,
swine, goats, and poultry.
(3) "Nonlivestock animal" means a service animal or an
animal maintained as a pet in the home or on the property of the
animal's owner and includes captured wildlife or an exotic animal
maintained as a pet. The term does not include a livestock animal.
(4) "Running at large" means not under the control of
the owner or handler while:
(A) on the premises of another without the
consent of the owner of the premises or any other person authorized
to give consent; or
(B) on a highway, a public road or street, or any
other place open to the public generally.
(5) "Service animal" has the meaning assigned by the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.).
Sec. 92.002. LIMITATION OF LIABILITY. (a) In this section,
"emergency" includes:
(1) a natural disaster, including an earthquake, fire,
flood, or storm;
(2) a hazardous chemical or substance incident; and
(3) a vehicular collision with an animal or other
transportation accident in which an animal is injured or is
otherwise in need of assistance to protect the animal's health or
life.
(b) A person who in good faith and without compensation
renders or obtains medical care or treatment for a nonlivestock
animal that is injured or in distress because of an emergency,
abandoned, running at large, or stray is not liable for civil
damages for an injury to the animal resulting from an act or
omission in rendering or obtaining the medical care or treatment,
unless the person commits gross negligence, if:
(1) the person first takes reasonable steps to locate
the animal's owner by:
(A) attempting to contact the animal's owner
using the contact information located on the animal's
identification tag, collar, or chip, if any, or taking other
reasonable action to contact the owner; or
(B) notifying an animal control agency with
authority over the area where the person resides, or an animal
control agency with authority over the area where the person took
custody of the animal if that area lies outside of the municipality
or county where the person resides, that the animal is in the
person's custody and providing the animal control agency with the
person's contact information; or
(2) a veterinarian determines that the animal:
(A) needs immediate medical treatment to
alleviate pain or save the animal's life; or
(B) exhibits visible signs of recent abuse as
described by Section 42.092(b), Penal Code.
Sec. 92.003. LIMITATION OF LIABILITY FOR ANIMAL CONTROL
AGENCIES AND CERTAIN EMPLOYEES. An animal control agency or an
employee of an animal control agency acting within the scope of the
person's employment that in good faith takes into custody and cares
for a nonlivestock animal that is abandoned, running at large, or
stray is not liable for civil damages for an injury to the animal
arising from an act or omission in caring for the animal, except in
a case of gross negligence, if the animal control agency obtains
custody of the animal from a person not affiliated with the animal
control agency and that person certifies in writing that the person
has taken reasonable steps to locate the owner as provided by
Section 92.002.
Sec. 92.004. EFFECT ON OTHER LAW. (a) This chapter does
not limit the application of or supersede Section 822.013, Health
and Safety Code, or Section 801.358, Occupations Code.
(b) This chapter does not create any civil liability or
waive any defense, immunity, or jurisdictional bar available under
state law.
SECTION 2. 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 as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.