Texas 2011 - 82nd Regular

Texas House Bill HB2471 Compare Versions

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1	1	By: Phillips (Senate Sponsor - Deuell) H.B. No. 2471
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on
4	4	Agriculture and Rural Affairs; May 17, 2011, reported favorably by
5	5	the following vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to limiting the civil liability of certain persons who
11	11	obtain or provide medical care and treatment for certain animals.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 4, Civil Practice and Remedies Code, is
14	14	amended by adding Chapter 92 to read as follows:
15	15	CHAPTER 92. LIMITATION OF LIABILITY FOR PERSON ASSISTING CERTAIN
16	16	ANIMALS
17	17	Sec. 92.001. DEFINITIONS. In this chapter:
18	18	(1) "Animal control agency" means a municipal or
19	19	county animal control office, or a state, county, or municipal law
20	20	enforcement agency, that collects, impounds, or keeps stray,
21	21	homeless, abandoned, or unwanted animals.
22	22	(2) "Livestock animal" means an equine animal or an
23	23	animal raised primarily for use as food for human consumption or to
24	24	produce fiber for human use and includes horses, cattle, sheep,
25	25	swine, goats, and poultry.
26	26	(3) "Nonlivestock animal" means a service animal or an
27	27	animal maintained as a pet in the home or on the property of the
28	28	animal's owner and includes captured wildlife or an exotic animal
29	29	maintained as a pet. The term does not include a livestock animal.
30	30	(4) "Running at large" means not under the control of
31	31	the owner or handler while:
32	32	(A) on the premises of another without the
33	33	consent of the owner of the premises or any other person authorized
34	34	to give consent; or
35	35	(B) on a highway, a public road or street, or any
36	36	other place open to the public generally.
37	37	(5) "Service animal" has the meaning assigned by the
38	38	Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
39	39	seq.).
40	40	Sec. 92.002. LIMITATION OF LIABILITY. (a) In this section,
41	41	"emergency" includes:
42	42	(1) a natural disaster, including an earthquake, fire,
43	43	flood, or storm;
44	44	(2) a hazardous chemical or substance incident; and
45	45	(3) a vehicular collision with an animal or other
46	46	transportation accident in which an animal is injured or is
47	47	otherwise in need of assistance to protect the animal's health or
48	48	life.
49	49	(b) A person who in good faith and without compensation
50	50	renders or obtains medical care or treatment for a nonlivestock
51	51	animal that is injured or in distress because of an emergency,
52	52	abandoned, running at large, or stray is not liable for civil
53	53	damages for an injury to the animal resulting from an act or
54	54	omission in rendering or obtaining the medical care or treatment,
55	55	unless the person commits gross negligence, if:
56	56	(1) the person first takes reasonable steps to locate
57	57	the animal's owner by:
58	58	(A) attempting to contact the animal's owner
59	59	using the contact information located on the animal's
60	60	identification tag, collar, or chip, if any, or taking other
61	61	reasonable action to contact the owner; or
62	62	(B) notifying an animal control agency with
63	63	authority over the area where the person resides, or an animal
64	64	control agency with authority over the area where the person took
65	65	custody of the animal if that area lies outside of the municipality
66	66	or county where the person resides, that the animal is in the
67	67	person's custody and providing the animal control agency with the
68	68	person's contact information; or
69	69	(2) a veterinarian determines that the animal:
70	70	(A) needs immediate medical treatment to
71	71	alleviate pain or save the animal's life; or
72	72	(B) exhibits visible signs of recent abuse as
73	73	described by Section 42.092(b), Penal Code.
74	74	Sec. 92.003. LIMITATION OF LIABILITY FOR ANIMAL CONTROL
75	75	AGENCIES AND CERTAIN EMPLOYEES. An animal control agency or an
76	76	employee of an animal control agency acting within the scope of the
77	77	person's employment that in good faith takes into custody and cares
78	78	for a nonlivestock animal that is abandoned, running at large, or
79	79	stray is not liable for civil damages for an injury to the animal
80	80	arising from an act or omission in caring for the animal, except in
81	81	a case of gross negligence, if the animal control agency obtains
82	82	custody of the animal from a person not affiliated with the animal
83	83	control agency and that person certifies in writing that the person
84	84	has taken reasonable steps to locate the owner as provided by
85	85	Section 92.002.
86	86	Sec. 92.004. EFFECT ON OTHER LAW. (a) This chapter does
87	87	not limit the application of or supersede Section 822.013, Health
88	88	and Safety Code, or Section 801.358, Occupations Code.
89	89	(b) This chapter does not create any civil liability or
90	90	waive any defense, immunity, or jurisdictional bar available under
91	91	state law.
92	92	SECTION 2. The change in law made by this Act applies only
93	93	to a cause of action that accrues on or after the effective date of
94	94	this Act. A cause of action that accrued before the effective date
95	95	of this Act is governed by the law as it existed immediately before
96	96	the effective date of this Act, and that law is continued in effect
97	97	for that purpose.
98	98	SECTION 3. This Act takes effect September 1, 2011.
99	99	* * * * *