Texas 2017 - 85th Regular

Texas House Bill HB401 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2876 JRH-D
2	2	By: Villalba H.B. No. 401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil or criminal liability for leaving certain animals
8	8	unattended in or removing certain individuals or animals from a
9	9	motor vehicle.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 92A to read as follows:
13	13	CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
14	14	INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
15	15	Sec. 92A.001. DEFINITIONS. In this chapter:
16	16	(1) "Domestic animal" means a dog, cat, or other
17	17	domesticated animal that may be kept as a household pet. The term
18	18	does not include a livestock animal, as defined by Section 87.001.
19	19	(2) "Motor vehicle" means a vehicle that is
20	20	self-propelled or a trailer or semitrailer designed for use with a
21	21	self-propelled vehicle.
22	22	(3) "Vulnerable individual" means an individual who by
23	23	reason of age or physical or mental disease, defect, or injury is
24	24	substantially unable to protect the individual's self from harm.
25	25	Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by
26	26	force or otherwise, enters a motor vehicle for the purpose of
27	27	removing a vulnerable individual or a domestic animal from the
28	28	vehicle is immune from civil liability for damages resulting from
29	29	that entry or removal if the person:
30	30	(1) determines that:
31	31	(A) the motor vehicle is locked; or
32	32	(B) there is no reasonable method for the
33	33	individual or animal to exit the motor vehicle without assistance;
34	34	(2) has a good faith and reasonable belief, based on
35	35	known circumstances, that entry into the motor vehicle is necessary
36	36	to avoid imminent harm to the individual or animal;
37	37	(3) before entering the motor vehicle, ensures that
38	38	law enforcement is notified or 911 is called if the person is not a
39	39	law enforcement officer or other first responder;
40	40	(4) uses no more force to enter the motor vehicle than
41	41	is necessary;
42	42	(5) remains with the individual or animal in a safe
43	43	location that is in reasonable proximity to the motor vehicle until
44	44	a law enforcement officer or other first responder arrives or, if
45	45	based on known circumstances the person has a good faith and
46	46	reasonable belief that it is necessary to remove the individual or
47	47	animal from the vicinity of the vehicle, leaves in a secure and
48	48	conspicuous location on or within the vehicle written notice that
49	49	provides the person's name and information and is otherwise
50	50	sufficient to allow the individual or animal to be easily located;
51	51	and
52	52	(6) in the case of an animal, as soon as practicable
53	53	surrenders the animal to:
54	54	(A) another person that the person reasonably
55	55	believes is the animal's owner or caregiver; or
56	56	(B) a law enforcement officer or other first
57	57	responder.
58	58	Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not
59	59	affect limitation under Section 74.151 or 74.152 of a person's
60	60	liability for good faith administration of emergency care.
61	61	SECTION 2. Chapter 9, Penal Code, is amended by adding
62	62	Subchapter G to read as follows:
63	63	SUBCHAPTER G. PROTECTION OF CERTAIN INDIVIDUALS OR ANIMALS IN
64	64	MOTOR VEHICLES
65	65	Sec. 9.71. DEFINITIONS. In this subchapter:
66	66	(1) "Animal" and "motor vehicle" have the meanings
67	67	assigned by Section 42.092.
68	68	(2) "Vulnerable individual" means an individual who by
69	69	reason of age or physical or mental disease, defect, or injury is
70	70	substantially unable to protect the individual's self from harm.
71	71	Sec. 9.72. JUSTIFIED REMOVAL OF INDIVIDUAL OR ANIMAL FROM
72	72	MOTOR VEHICLE. A person's conduct is justified when the actor, by
73	73	force or otherwise, enters a motor vehicle for the purpose of
74	74	removing a vulnerable individual or an animal from the vehicle if
75	75	the actor:
76	76	(1) determines that:
77	77	(A) the motor vehicle is locked; or
78	78	(B) there is no reasonable method for the
79	79	individual or animal to exit the motor vehicle without assistance;
80	80	(2) has a good faith and reasonable belief, based on
81	81	known circumstances, that entry into the motor vehicle is necessary
82	82	to avoid imminent harm to the individual or animal;
83	83	(3) before entering the motor vehicle, ensures that
84	84	law enforcement is notified or 911 is called if the person is not a
85	85	law enforcement officer or other first responder;
86	86	(4) uses no more force to enter the motor vehicle than
87	87	is necessary;
88	88	(5) remains with the individual or animal in a safe
89	89	location that is in reasonable proximity to the motor vehicle until
90	90	a law enforcement officer or other first responder arrives or, if
91	91	based on known circumstances the actor has a good faith and
92	92	reasonable belief that it is necessary to remove the individual or
93	93	animal from the vicinity of the vehicle, leaves in a secure and
94	94	conspicuous location on or within the vehicle written notice that
95	95	provides the actor's name and information and is otherwise
96	96	sufficient to allow the individual or animal to be easily located;
97	97	and
98	98	(6) in the case of an animal, as soon as practicable
99	99	surrenders the animal to:
100	100	(A) a person that the actor reasonably believes
101	101	is the animal's owner or caregiver; or
102	102	(B) a law enforcement officer or other first
103	103	responder.
104	104	SECTION 3. Section 22.10, Penal Code, is amended to read as
105	105	follows:
106	106	Sec. 22.10. LEAVING A CHILD OR NONLIVESTOCK ANIMAL IN A
107	107	VEHICLE. (a) A person commits an offense if the person [he]
108	108	intentionally or knowingly leaves a child or animal in a motor
109	109	vehicle for longer than five minutes and, as applicable, knows[,
110	110	knowing] that:
111	111	(1) the child is:
112	112	(A) [(1)] younger than seven years of age; and
113	113	(B) [(2)] not attended by an individual in the
114	114	vehicle who is 14 years of age or older; or
115	115	(2) the animal is:
116	116	(A) not attended by an individual in the vehicle
117	117	who is 14 years of age or older; and
118	118	(B) exposed to harm, including harm caused by
119	119	temperature or lack of ventilation, while being confined in the
120	120	vehicle.
121	121	(b) An offense under this section is a Class C misdemeanor.
122	122	(c) To the extent that a local ordinance, rule, or
123	123	regulation adopted by a political subdivision of this state
124	124	prohibits or restricts leaving in a motor vehicle an unaccompanied
125	125	animal to a greater degree than this section:
126	126	(1) Section 1.08 does not apply to the ordinance,
127	127	rule, or regulation; and
128	128	(2) the ordinance, rule, or regulation is not
129	129	preempted or superseded by this section.
130	130	(d) In this section, "animal" has the meaning assigned by
131	131	Section 42.092.
132	132	SECTION 4. Section 42.092(a), Penal Code, is amended by
133	133	adding Subdivision (6-a) to read as follows:
134	134	(6-a) "Motor vehicle" means a vehicle that is
135	135	self-propelled or a trailer or semitrailer designed for use with a
136	136	self-propelled vehicle.
137	137	SECTION 5. Sections 42.092(b) and (c), Penal Code, are
138	138	amended to read as follows:
139	139	(b) A person commits an offense if the person intentionally,
140	140	knowingly, or recklessly:
141	141	(1) tortures an animal or in a cruel manner kills or
142	142	causes serious bodily injury to an animal;
143	143	(2) without the owner's effective consent, kills,
144	144	administers poison to, or causes serious bodily injury to an
145	145	animal;
146	146	(3) fails unreasonably to provide necessary food,
147	147	water, care, or shelter for an animal in the person's custody;
148	148	(4) abandons unreasonably an animal in the person's
149	149	custody;
150	150	(5) transports or confines an animal in a cruel
151	151	manner;
152	152	(6) without the owner's effective consent, causes
153	153	bodily injury to an animal;
154	154	(7) causes one animal to fight with another animal, if
155	155	either animal is not a dog;
156	156	(8) uses a live animal as a lure in dog race training
157	157	or in dog coursing on a racetrack; [or]
158	158	(9) seriously overworks an animal; or
159	159	(10) leaves an animal unattended in a motor vehicle
160	160	under circumstances that expose the animal to life-threatening heat
161	161	or cold without providing proper protection for the animal.
162	162	(c) An offense under Subsection (b)(3), (4), (5), (6), [or]
163	163	(9), or (10) is a Class A misdemeanor, except that the offense is a
164	164	state jail felony if the person has previously been convicted two
165	165	times under this section, two times under Section 42.09, or one time
166	166	under this section and one time under Section 42.09. An offense
167	167	under Subsection (b)(1), (2), (7), or (8) is a state jail felony,
168	168	except that the offense is a felony of the third degree if the
169	169	person has previously been convicted two times under this section,
170	170	two times under Section 42.09, or one time under this section and
171	171	one time under Section 42.09.
172	172	SECTION 6. (a) Chapter 92A, Civil Practice and Remedies
173	173	Code, as added by this Act, applies only to a cause of action that
174	174	accrues on or after the effective date of this Act.
175	175	(b) The change in law made by this Act by adding Subchapter
176	176	G, Chapter 9, Penal Code, and amending Sections 22.10 and 42.092,
177	177	Penal Code, applies only to an offense committed on or after the
178	178	effective date of this Act. An offense committed before the
179	179	effective date of this Act is governed by the law in effect on the
180	180	date the offense was committed, and the former law is continued in
181	181	effect for that purpose. For purposes of this subsection, an
182	182	offense was committed before the effective date of this Act if any
183	183	element of the offense occurred before that date.
184	184	SECTION 7. This Act takes effect September 1, 2017.