Texas 2023 - 88th Regular

Texas House Bill HB3756

Filed
3/7/23  
Out of House Committee
4/13/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil liability for removing certain individuals or animals from a motor vehicle.

Impact

The enactment of HB 3756 modifies existing laws related to civil liability in Texas. Under this bill, individuals will have clearer guidelines on when they are allowed to intervene in potentially dangerous situations involving confined animals or vulnerable persons. It encourages citizens to act decisively while ensuring they first contact law enforcement or emergency services. This legislation is seen as a protective measure that may facilitate quicker rescues and enhance the safety of pets and vulnerable individuals, especially during extreme weather conditions.

Summary

House Bill 3756 addresses civil liability for individuals who take action to remove domesticated animals or vulnerable individuals from locked vehicles. The bill establishes that a person acting in good faith, who believes their intervention is necessary to prevent imminent harm to an individual or animal, is exempt from civil liability when breaking into a vehicle. This would allow concerned citizens to rescue pets or vulnerable individuals from dangerous heat situations without the fear of legal repercussions, promoting a culture of accountability and compassion towards affected parties.

Sentiment

The sentiment surrounding HB 3756 appears overwhelmingly positive, particularly among animal welfare advocates and supporters of civil liberties. Proponents argue that the bill will deter inaction in emergencies and encourage individuals to safeguard vulnerable parties without the fear of legal backlash. However, there may be concerns from legal circles about the parameters of 'reasonable belief' and how this could be interpreted in the courts. Overall, the bill seems to provide a favorable legal framework for compassionate intervention.

Contention

Notable points of contention surrounding HB 3756 revolve around the precise definition of 'vulnerable individuals,' the obligations placed on citizens regarding notifying law enforcement before intervening, and potential misuse of the law. Critics may argue that while the intention is noble, the bill could lead to occurrences where individuals may act recklessly under the guise of 'good faith.' Concerns over the enforcement of the law and educating the public on their rights and responsibilities in such situations will be essential to ensure the bill's objectives are met without unintended negative consequences.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 92. Limitation Of Liability For Person Assisting Certain Animals
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2421

Identical Relating to civil liability for removing certain individuals or animals from a motor vehicle.

Similar Bills

No similar bills found.