85R2876 JRH-D
By: Villalba H.B. No. 401
A BILL TO BE ENTITLED
AN ACT
relating to civil or criminal liability for leaving certain animals
unattended in or removing certain individuals or animals from a
motor vehicle.
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 92A to read as follows:
CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
Sec. 92A.001. DEFINITIONS. In this chapter:
(1) "Domestic animal" means a dog, cat, or other
domesticated animal that may be kept as a household pet. The term
does not include a livestock animal, as defined by Section 87.001.
(2) "Motor vehicle" means a vehicle that is
self-propelled or a trailer or semitrailer designed for use with a
self-propelled vehicle.
(3) "Vulnerable individual" means an individual who by
reason of age or physical or mental disease, defect, or injury is
substantially unable to protect the individual's self from harm.
Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by
force or otherwise, enters a motor vehicle for the purpose of
removing a vulnerable individual or a domestic animal from the
vehicle is immune from civil liability for damages resulting from
that entry or removal if the person:
(1) determines that:
(A) the motor vehicle is locked; or
(B) there is no reasonable method for the
individual or animal to exit the motor vehicle without assistance;
(2) has a good faith and reasonable belief, based on
known circumstances, that entry into the motor vehicle is necessary
to avoid imminent harm to the individual or animal;
(3) before entering the motor vehicle, ensures that
law enforcement is notified or 911 is called if the person is not a
law enforcement officer or other first responder;
(4) uses no more force to enter the motor vehicle than
is necessary;
(5) remains with the individual or animal in a safe
location that is in reasonable proximity to the motor vehicle until
a law enforcement officer or other first responder arrives or, if
based on known circumstances the person has a good faith and
reasonable belief that it is necessary to remove the individual or
animal from the vicinity of the vehicle, leaves in a secure and
conspicuous location on or within the vehicle written notice that
provides the person's name and information and is otherwise
sufficient to allow the individual or animal to be easily located;
and
(6) in the case of an animal, as soon as practicable
surrenders the animal to:
(A) another person that the person reasonably
believes is the animal's owner or caregiver; or
(B) a law enforcement officer or other first
responder.
Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not
affect limitation under Section 74.151 or 74.152 of a person's
liability for good faith administration of emergency care.
SECTION 2. Chapter 9, Penal Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. PROTECTION OF CERTAIN INDIVIDUALS OR ANIMALS IN
MOTOR VEHICLES
Sec. 9.71. DEFINITIONS. In this subchapter:
(1) "Animal" and "motor vehicle" have the meanings
assigned by Section 42.092.
(2) "Vulnerable individual" means an individual who by
reason of age or physical or mental disease, defect, or injury is
substantially unable to protect the individual's self from harm.
Sec. 9.72. JUSTIFIED REMOVAL OF INDIVIDUAL OR ANIMAL FROM
MOTOR VEHICLE. A person's conduct is justified when the actor, by
force or otherwise, enters a motor vehicle for the purpose of
removing a vulnerable individual or an animal from the vehicle if
the actor:
(1) determines that:
(A) the motor vehicle is locked; or
(B) there is no reasonable method for the
individual or animal to exit the motor vehicle without assistance;
(2) has a good faith and reasonable belief, based on
known circumstances, that entry into the motor vehicle is necessary
to avoid imminent harm to the individual or animal;
(3) before entering the motor vehicle, ensures that
law enforcement is notified or 911 is called if the person is not a
law enforcement officer or other first responder;
(4) uses no more force to enter the motor vehicle than
is necessary;
(5) remains with the individual or animal in a safe
location that is in reasonable proximity to the motor vehicle until
a law enforcement officer or other first responder arrives or, if
based on known circumstances the actor has a good faith and
reasonable belief that it is necessary to remove the individual or
animal from the vicinity of the vehicle, leaves in a secure and
conspicuous location on or within the vehicle written notice that
provides the actor's name and information and is otherwise
sufficient to allow the individual or animal to be easily located;
and
(6) in the case of an animal, as soon as practicable
surrenders the animal to:
(A) a person that the actor reasonably believes
is the animal's owner or caregiver; or
(B) a law enforcement officer or other first
responder.
SECTION 3. Section 22.10, Penal Code, is amended to read as
follows:
Sec. 22.10. LEAVING A CHILD OR NONLIVESTOCK ANIMAL IN A
VEHICLE. (a) A person commits an offense if the person [he]
intentionally or knowingly leaves a child or animal in a motor
vehicle for longer than five minutes and, as applicable, knows[,
knowing] that:
(1) the child is:
(A) [(1)] younger than seven years of age; and
(B) [(2)] not attended by an individual in the
vehicle who is 14 years of age or older; or
(2) the animal is:
(A) not attended by an individual in the vehicle
who is 14 years of age or older; and
(B) exposed to harm, including harm caused by
temperature or lack of ventilation, while being confined in the
vehicle.
(b) An offense under this section is a Class C misdemeanor.
(c) To the extent that a local ordinance, rule, or
regulation adopted by a political subdivision of this state
prohibits or restricts leaving in a motor vehicle an unaccompanied
animal to a greater degree than this section:
(1) Section 1.08 does not apply to the ordinance,
rule, or regulation; and
(2) the ordinance, rule, or regulation is not
preempted or superseded by this section.
(d) In this section, "animal" has the meaning assigned by
Section 42.092.
SECTION 4. Section 42.092(a), Penal Code, is amended by
adding Subdivision (6-a) to read as follows:
(6-a) "Motor vehicle" means a vehicle that is
self-propelled or a trailer or semitrailer designed for use with a
self-propelled vehicle.
SECTION 5. Sections 42.092(b) and (c), Penal Code, are
amended to read as follows:
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or
causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills,
administers poison to, or causes serious bodily injury to an
animal;
(3) fails unreasonably to provide necessary food,
water, care, or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's
custody;
(5) transports or confines an animal in a cruel
manner;
(6) without the owner's effective consent, causes
bodily injury to an animal;
(7) causes one animal to fight with another animal, if
either animal is not a dog;
(8) uses a live animal as a lure in dog race training
or in dog coursing on a racetrack; [or]
(9) seriously overworks an animal; or
(10) leaves an animal unattended in a motor vehicle
under circumstances that expose the animal to life-threatening heat
or cold without providing proper protection for the animal.
(c) An offense under Subsection (b)(3), (4), (5), (6), [or]
(9), or (10) is a Class A misdemeanor, except that the offense is a
state jail felony if the person has previously been convicted two
times under this section, two times under Section 42.09, or one time
under this section and one time under Section 42.09. An offense
under Subsection (b)(1), (2), (7), or (8) is a state jail felony,
except that the offense is a felony of the third degree if the
person has previously been convicted two times under this section,
two times under Section 42.09, or one time under this section and
one time under Section 42.09.
SECTION 6. (a) Chapter 92A, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
(b) The change in law made by this Act by adding Subchapter
G, Chapter 9, Penal Code, and amending Sections 22.10 and 42.092,
Penal Code, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2017.