88R1750 AJA-D
By: Flores, Bumgarner, Plesa, Leach, H.B. No. 3756
Anderson
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for removing certain individuals or
animals from a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 92A, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
SECTION 2. Section 92A.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 92A.001. DEFINITIONS. In this chapter:
(1) "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.
(2) "Motor vehicle" means a vehicle that is
self-propelled or a trailer or semitrailer designed for use with a
self-propelled vehicle.
(3) [(2)] "Vulnerable individual" means:
(A) a child younger than seven years of age; or
(B) 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.
SECTION 3. Section 92A.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 92A.002. LIMITATION OF LIABILITY. (a) 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 entering the motor vehicle, ensures that
law enforcement is notified or 911 is called if the person is not a
law enforcement officer or other first responder;
(4) uses no more force to enter the motor vehicle and
remove the individual or animal than is necessary; [and]
(5) remains with the individual or animal in a safe
location that is in reasonable proximity to the motor vehicle until
a law enforcement officer or other first responder arrives; and
(6) in the case of removing an animal from a motor
vehicle, places a note on the motor vehicle's windshield with the
following information:
(A) the person's telephone number, e-mail
address, or other method of contacting the person;
(B) an explanation of the reason that the person
entered the motor vehicle;
(C) the location of the animal; and
(D) a statement indicating that the person
either:
(i) notified law enforcement or called 911;
or
(ii) is a law enforcement officer or other
first responder.
(b) A person is not immune from civil liability for entering
a motor vehicle under this section if the person, upon notifying law
enforcement or calling 911, was advised by law enforcement
personnel to not enter the motor vehicle.
SECTION 4. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.