By: Uresti S.B. No. 188
(In the Senate - Filed November 14, 2016; January 25, 2017,
read first time and referred to Committee on State Affairs;
April 18, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; April 18, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 188 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for removing certain individuals or
animals from a motor vehicle and criminal liability for removing
certain 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) "Animal control officer" has the meaning assigned
by Section 829.001, Health and Safety Code.
(2) "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.
(3) "Motor vehicle" means a vehicle that is
self-propelled or a trailer or semitrailer designed for use with a
self-propelled vehicle.
(4) "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 or immediately after entering the motor
vehicle, ensures that law enforcement or animal control, as
appropriate, is notified or 9-1-1 is called;
(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 first responder or animal control officer 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, transfers control of the
animal to the first responder or officer on the first responder's or
officer's arrival.
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 ANIMALS IN MOTOR VEHICLES
Sec. 9.71. DEFINITIONS. In this subchapter:
(1) "Animal" has the meaning assigned by Section
42.092.
(2) "Animal control officer" has the meaning assigned
by Section 829.001, Health and Safety Code.
(3) "Motor vehicle" has the meaning assigned by
Section 92A.001, Civil Practice and Remedies Code.
Sec. 9.72. JUSTIFIED REMOVAL OF 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 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 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 animal;
(3) before or immediately after entering the motor
vehicle, ensures that law enforcement or animal control, as
appropriate, is notified or 9-1-1 is called;
(4) uses no more force to enter the motor vehicle than
is necessary;
(5) remains with the animal in a safe location that is
in reasonable proximity to the motor vehicle until a first
responder or animal control officer arrives or, if based on known
circumstances the actor has a good faith and reasonable belief that
it is necessary to remove the 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 animal to be
easily located; and
(6) transfers control of the animal to the first
responder or officer on the first responder's or officer's arrival.
SECTION 3. (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, 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 4. This Act takes effect September 1, 2017.
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