82R10654 JRH-D
By: Watson S.B. No. 1500
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:
(1) the person engages in conduct that intentionally
causes the death of a pet;
(2) a reasonable person would not consider the pet to
be likely to:
(A) cause bodily injury to any person;
(B) attack livestock, domestic animals, or
fowls; or
(C) damage real or personal property;
(3) the pet was not:
(A) causing bodily injury to any person;
(B) attacking livestock, domestic animals, or
fowls; or
(C) damaging real or personal property; and
(4) the pet had not recently:
(A) caused bodily injury to any person;
(B) attacked livestock, domestic animals, or
fowls; or
(C) damaged real or personal property.
(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. DAMAGES. (a) In an action for the death of a
pet under this chapter, damages, including noneconomic and
exemplary damages, shall be at least $500 but not more than $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 occurs on or
after the effective date of this Act. Conduct that occurs 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.