Texas 2017 - 85th Regular

Texas Senate Bill SB188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Uresti S.B. No. 188
2		-	(In the Senate - Filed November 14, 2016; January 25, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 18, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 1; April 18, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 188 By: Hughes
	1	+	By: Uresti, Zaffirini S.B. No. 188
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to civil liability for removing certain individuals or
14	7		animals from a motor vehicle and criminal liability for removing
15	8		certain animals from a motor vehicle.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Title 4, Civil Practice and Remedies Code, is
18	11		amended by adding Chapter 92A to read as follows:
19	12		CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
20	13		INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
21	14		Sec. 92A.001. DEFINITIONS. In this chapter:
22	15		(1) "Animal control officer" has the meaning assigned
23	16		by Section 829.001, Health and Safety Code.
24	17		(2) "Domestic animal" means a dog, cat, or other
25	18		domesticated animal that may be kept as a household pet. The term
26	19		does not include a livestock animal, as defined by Section 87.001.
27	20		(3) "Motor vehicle" means a vehicle that is
28	21		self-propelled or a trailer or semitrailer designed for use with a
29	22		self-propelled vehicle.
30	23		(4) "Vulnerable individual" means an individual who by
31	24		reason of age or physical or mental disease, defect, or injury is
32	25		substantially unable to protect the individual's self from harm.
33	26		Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by
34	27		force or otherwise, enters a motor vehicle for the purpose of
35	28		removing a vulnerable individual or a domestic animal from the
36	29		vehicle is immune from civil liability for damages resulting from
37	30		that entry or removal if the person:
38	31		(1) determines that:
39	32		(A) the motor vehicle is locked; or
40	33		(B) there is no reasonable method for the
41	34		individual or animal to exit the motor vehicle without assistance;
42	35		(2) has a good faith and reasonable belief, based on
43	36		known circumstances, that entry into the motor vehicle is necessary
44	37		to avoid imminent harm to the individual or animal;
45		-	(3) before ~~or immediately after~~ entering the motor
46		-	~~vehicle, ensures that~~ law enforcement or animal control, as
47		-	~~appropriate, is notified or~~ 9-1-1 is called;
	38	+	(3) before entering the motor vehicle, ensures that
	39	+	law enforcement or animal control, as appropriate, is notified or
	40	+	9-1-1 is called;
48	41		(4) uses no more force to enter the motor vehicle than
49	42		is necessary;
50	43		(5) remains with the individual or animal in a safe
51	44		location that is in reasonable proximity to the motor vehicle until
52	45		a first responder or animal control officer arrives or, if based on
53	46		known circumstances the person has a good faith and reasonable
54	47		belief that it is necessary to remove the individual or animal from
55		-	the vicinity of the vehicle, leaves in a secure and conspicuous
56		-	location on or within the vehicle written notice that provides the
57		-	person's name and information and is otherwise sufficient to allow
58		-	the individual or animal to be easily located; and
	48	+	the vicinity of the vehicle:
	49	+	(A) leaves in a secure and conspicuous location
	50	+	on or within the vehicle written notice that provides the person's
	51	+	name and information and is otherwise sufficient to allow the
	52	+	individual or animal to be easily located; or
	53	+	(B) if it is unreasonably burdensome to leave a
	54	+	note under Paragraph (A), provides 9-1-1 with the person's name and
	55	+	sufficient information to allow the individual or animal to be
	56	+	easily located; and
59	57		(6) in the case of an animal, transfers control of the
60	58		animal to the first responder or officer on the first responder's or
61	59		officer's arrival.
62	60		Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not
63	61		affect limitation under Section 74.151 or 74.152 of a person's
64	62		liability for good faith administration of emergency care.
65	63		SECTION 2. Chapter 9, Penal Code, is amended by adding
66	64		Subchapter G to read as follows:
67	65		SUBCHAPTER G. PROTECTION OF CERTAIN ANIMALS IN MOTOR VEHICLES
68	66		Sec. 9.71. DEFINITIONS. In this subchapter:
69	67		(1) "Animal" has the meaning assigned by Section
70	68		42.092.
71	69		(2) "Animal control officer" has the meaning assigned
72	70		by Section 829.001, Health and Safety Code.
73	71		(3) "Motor vehicle" has the meaning assigned by
74	72		Section 92A.001, Civil Practice and Remedies Code.
75	73		Sec. 9.72. JUSTIFIED REMOVAL OF ANIMAL FROM MOTOR VEHICLE.
76	74		A person's conduct is justified when the actor, by force or
77	75		otherwise, enters a motor vehicle for the purpose of removing an
78	76		animal from the vehicle if the actor:
79	77		(1) determines that:
80	78		(A) the motor vehicle is locked; or
81	79		(B) there is no reasonable method for the animal
82	80		to exit the motor vehicle without assistance;
83	81		(2) has a good faith and reasonable belief, based on
84	82		known circumstances, that entry into the motor vehicle is necessary
85	83		to avoid imminent harm to the animal;
86		-	(3) before ~~or immediately after~~ entering the motor
87		-	~~vehicle, ensures that~~ law enforcement or animal control, as
88		-	~~appropriate, is notified or~~ 9-1-1 is called;
	84	+	(3) before entering the motor vehicle, ensures that
	85	+	law enforcement or animal control, as appropriate, is notified or
	86	+	9-1-1 is called;
89	87		(4) uses no more force to enter the motor vehicle than
90	88		is necessary;
91	89		(5) remains with the animal in a safe location that is
92	90		in reasonable proximity to the motor vehicle until a first
93	91		responder or animal control officer arrives or, if based on known
94	92		circumstances the actor has a good faith and reasonable belief that
95	93		it is necessary to remove the animal from the vicinity of the
96		-	vehicle, leaves in a secure and conspicuous location on or within
97		-	the vehicle written notice that provides the actor's name and
98		-	information and is otherwise sufficient to allow the animal to be
99		-	easily located; and
	94	+	vehicle:
	95	+	(A) leaves in a secure and conspicuous location
	96	+	on or within the vehicle written notice that provides the actor's
	97	+	name and information and is otherwise sufficient to allow the
	98	+	animal to be easily located; or
	99	+	(B) if it is unreasonably burdensome to leave a
	100	+	note under Paragraph (A), provides 9-1-1 with the actor's name and
	101	+	sufficient information to allow the animal to be easily located;
	102	+	and
100	103		(6) transfers control of the animal to the first
101	104		responder or officer on the first responder's or officer's arrival.
102	105		SECTION 3. (a) Chapter 92A, Civil Practice and Remedies
103	106		Code, as added by this Act, applies only to a cause of action that
104	107		accrues on or after the effective date of this Act.
105	108		(b) The change in law made by this Act by adding Subchapter
106	109		G, Chapter 9, Penal Code, applies only to an offense committed on or
107	110		after the effective date of this Act. An offense committed before
108	111		the effective date of this Act is governed by the law in effect on
109	112		the date the offense was committed, and the former law is continued
110	113		in effect for that purpose. For purposes of this subsection, an
111	114		offense was committed before the effective date of this Act if any
112	115		element of the offense occurred before that date.
113	116		SECTION 4. This Act takes effect September 1, 2017.
114		-	* * * * *