Texas 2021 - 87th Regular

Texas House Bill HB762 Compare Versions

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

Old	New	Differences
1	1	87R1941 BRG-D
2	2	By: Israel H.B. No. 762
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil liability for removing certain individuals or
8	8	animals from a motor vehicle.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 92A, Civil Practice and
11	11	Remedies Code, is amended to read as follows:
12	12	CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
13	13	INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
14	14	SECTION 2. Section 92A.001, Civil Practice and Remedies
15	15	Code, is amended to read as follows:
16	16	Sec. 92A.001. DEFINITIONS. In this chapter:
17	17	(1) "Domestic animal" means a dog, cat, or other
18	18	domesticated animal that may be kept as a household pet. The term
19	19	does not include a livestock animal, as defined by Section 87.001.
20	20	(2) "Motor vehicle" means a vehicle that is
21	21	self-propelled or a trailer or semitrailer designed for use with a
22	22	self-propelled vehicle.
23	23	(3) [(2)] "Vulnerable individual" means:
24	24	(A) a child younger than seven years of age; or
25	25	(B) an individual who by reason of age or
26	26	physical or mental disease, defect, or injury is substantially
27	27	unable to protect the individual's self from harm.
28	28	SECTION 3. Section 92A.002, Civil Practice and Remedies
29	29	Code, is amended to read as follows:
30	30	Sec. 92A.002. LIMITATION OF LIABILITY. (a) A person who,
31	31	by force or otherwise, enters a motor vehicle for the purpose of
32	32	removing a vulnerable individual or a domestic animal from the
33	33	vehicle is immune from civil liability for damages resulting from
34	34	that entry or removal if the person:
35	35	(1) determines that:
36	36	(A) the motor vehicle is locked; or
37	37	(B) there is no reasonable method for the
38	38	individual or animal to exit the motor vehicle without assistance;
39	39	(2) has a good faith and reasonable belief, based on
40	40	known circumstances, that entry into the motor vehicle is necessary
41	41	to avoid imminent harm to the individual or animal;
42	42	(3) before entering the motor vehicle, ensures that
43	43	law enforcement is notified or 911 is called if the person is not a
44	44	law enforcement officer or other first responder;
45	45	(4) uses no more force to enter the motor vehicle and
46	46	remove the individual or animal than is necessary; [and]
47	47	(5) remains with the individual or animal in a safe
48	48	location that is in reasonable proximity to the motor vehicle until
49	49	a law enforcement officer or other first responder arrives; and
50	50	(6) in the case of removing an animal from a motor
51	51	vehicle, places a note on the motor vehicle's windshield with the
52	52	following information:
53	53	(A) the person's telephone number, e-mail
54	54	address, or other method of contacting the person;
55	55	(B) an explanation of the reason that the person
56	56	entered the motor vehicle;
57	57	(C) the location of the animal; and
58	58	(D) a statement indicating that the person
59	59	either:
60	60	(i) notified law enforcement or called 911;
61	61	or
62	62	(ii) is a law enforcement officer or other
63	63	first responder.
64	64	(b) A person is not immune from civil liability for entering
65	65	a motor vehicle under this section if the person, upon notifying law
66	66	enforcement or calling 911, was advised by law enforcement
67	67	personnel to not enter the motor vehicle.
68	68	SECTION 4. The change in law made by this Act applies only
69	69	to a cause of action that accrues on or after the effective date of
70	70	this Act. A cause of action that accrued before the effective date
71	71	of this Act is governed by the law applicable to the cause of action
72	72	immediately before the effective date of this Act, and that law is
73	73	continued in effect for that purpose.
74	74	SECTION 5. This Act takes effect September 1, 2021.