Texas 2019 - 86th Regular

Texas House Bill HB810 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R21056~~ BRG-D
	1	+	86R2315 BRG-D
2	2		By: Israel H.B. No. 810
3		-	Substitute the following for H.B. No. 810:
4		-	By: Farrar C.S.H.B. No. 810
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to civil liability for removing certain ~~individuals or~~
10		-	~~animals from a~~ motor vehicle.
	7	+	relating to civil liability for removing certain animals from a
	8	+	motor vehicle.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. The heading to Chapter 92A, Civil Practice and
13	11		Remedies Code, is amended to read as follows:
14	12		CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
15	13		INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
16	14		SECTION 2. Section 92A.001, Civil Practice and Remedies
17	15		Code, is amended to read as follows:
18	16		Sec. 92A.001. DEFINITIONS. In this chapter:
19	17		(1) "Domestic animal" means a dog, cat, or other
20	18		domesticated animal that may be kept as a household pet. The term
21	19		does not include a livestock animal, as defined by Section 87.001.
22	20		(2) "Motor vehicle" means a vehicle that is
23	21		self-propelled or a trailer or semitrailer designed for use with a
24	22		self-propelled vehicle.
25	23		(3) [(2)] "Vulnerable individual" means:
26	24		(A) a child younger than seven years of age; or
27	25		(B) an individual who by reason of age or
28	26		physical or mental disease, defect, or injury is substantially
29	27		unable to protect the individual's self from harm.
30	28		SECTION 3. Section 92A.002, Civil Practice and Remedies
31	29		Code, is amended to read as follows:
32		-	Sec. 92A.002. LIMITATION OF LIABILITY. ~~(a)~~ A person who,
33		-	by force or otherwise, enters a motor vehicle for the purpose of
	30	+	Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by
	31	+	force or otherwise, enters a motor vehicle for the purpose of
34	32		removing a vulnerable individual or a domestic animal from the
35	33		vehicle is immune from civil liability for damages resulting from
36	34		that entry or removal if the person:
37	35		(1) determines that:
38	36		(A) the motor vehicle is locked; or
39	37		(B) there is no reasonable method for the
40	38		individual or animal to exit the motor vehicle without assistance;
41	39		(2) has a good faith and reasonable belief, based on
42	40		known circumstances, that entry into the motor vehicle is necessary
43	41		to avoid imminent harm to the individual or animal;
44	42		(3) before entering the motor vehicle, ensures that
45	43		law enforcement is notified or 911 is called if the person is not a
46	44		law enforcement officer or other first responder;
47	45		(4) uses no more force to enter the motor vehicle and
48		-	remove the individual or animal than is necessary; [and]
	46	+	remove the individual or animal than is necessary; and
49	47		(5) remains with the individual or animal in a safe
50	48		location that is in reasonable proximity to the motor vehicle until
51		-	a law enforcement officer or other first responder arrives; and
52		-	(6) in the case of removing an animal from a vehicle,
53		-	places a note on the motor vehicle's windshield with the following
54		-	information:
55		-	(A) the person's telephone number, e-mail
56		-	address, or other method of contacting the person;
57		-	(B) an explanation of the reason that the person
58		-	entered the motor vehicle;
59		-	(C) the location of the animal; and
60		-	(D) a statement indicating that the person
61		-	either:
62		-	(i) notified law enforcement or called 911;
63		-	or
64		-	(ii) is a law enforcement officer or other
65		-	first responder.
66		-	(b) A person is not immune from civil liability for entering
67		-	a motor vehicle under this section if the person, upon notifying law
68		-	enforcement or calling 911, was advised by law enforcement
69		-	personnel to not enter the motor vehicle.
	49	+	a law enforcement officer or other first responder arrives.
70	50		SECTION 4. The change in law made by this Act applies only
71	51		to a cause of action that accrues on or after the effective date of
72	52		this Act. A cause of action that accrued before the effective date
73	53		of this Act is governed by the law applicable to the cause of action
74	54		immediately before the effective date of this Act, and that law is
75	55		continued in effect for that purpose.
76	56		SECTION 5. This Act takes effect September 1, 2019.