82R7240 TJS-D
By: Anderson of Dallas H.B. No. 3622
A BILL TO BE ENTITLED
AN ACT
relating to liability for the death of a pet.
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 87A to read as follows:
CHAPTER 87A. LIABILITY FOR DEATH OF PET
Sec. 87A.001. DEFINITIONS. In this chapter:
(1) "Governmental unit" has the meaning assigned by
Section 42.001.
(2) "Pet" means a domesticated animal, including a cat
or dog, that is owned by an individual and kept in or near the
household of the individual for the primary purpose of
companionship.
Sec. 87A.002. LIABILITY. (a) A person is liable as
provided by Subsection (b) if the person engages in conduct that:
(1) intentionally causes the death of a pet; or
(2) negligently causes the death of a pet and the
conduct takes place:
(A) on the property of the pet's owner or
caretaker; or
(B) while the pet is under the control or
supervision of the pet's owner or caretaker.
(b) A person who is liable under Subsection (a) is liable to
the pet's owner for damages and any other appropriate relief for the
loss of companionship or society of the pet.
Sec. 87A.003. LIMITATION ON DAMAGES. (a) In an action for
the death of a pet under this chapter, damages, including
noneconomic and exemplary damages, may not exceed $5,000 for each
pet.
(b) Noneconomic damages awarded under this chapter are
solely for the loss of reasonably expected companionship or society
of the pet. This section may not be construed to limit the amount of
damages recoverable in any other cause of action.
Sec. 87A.004. APPLICABILITY. (a) This chapter does not
apply to the official act or omission of a nonprofit entity or a
governmental unit or to an employee or officer of a nonprofit entity
or governmental unit.
(b) This chapter may not be construed to provide for the
recovery of noneconomic damages from a licensed veterinarian in an
action for veterinary malpractice or negligence.
SECTION 2. Chapter 87A, Civil Practice and Remedies Code,
as added by this Act, applies only to conduct that takes place on or
after the effective date of this Act. Conduct that takes place
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.