| 1 | 1 | | By: Flores, Bumgarner, Plesa, Leach, H.B. No. 3756 |
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| 2 | 2 | | Anderson, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil liability for removing certain individuals or |
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| 8 | 8 | | animals from a motor vehicle. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 92A, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended to read as follows: |
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| 12 | 12 | | CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN |
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| 13 | 13 | | INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE |
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| 14 | 14 | | SECTION 2. Section 92A.001, Civil Practice and Remedies |
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| 15 | 15 | | Code, is amended to read as follows: |
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| 16 | 16 | | Sec. 92A.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Domestic animal" means a dog, cat, or other |
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| 18 | 18 | | domesticated animal that may be kept as a household pet. The term |
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| 19 | 19 | | does not include a livestock animal, as defined by Section 87.001. |
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| 20 | 20 | | (2) "Motor vehicle" means a vehicle that is |
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| 21 | 21 | | self-propelled or a trailer or semitrailer designed for use with a |
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| 22 | 22 | | self-propelled vehicle. |
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| 23 | 23 | | (3) [(2)] "Vulnerable individual" means: |
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| 24 | 24 | | (A) a child younger than seven years of age; or |
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| 25 | 25 | | (B) an individual who by reason of age or |
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| 26 | 26 | | physical or mental disease, defect, or injury is substantially |
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| 27 | 27 | | unable to protect the individual's self from harm. |
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| 28 | 28 | | SECTION 3. Section 92A.002, Civil Practice and Remedies |
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| 29 | 29 | | Code, is amended to read as follows: |
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| 30 | 30 | | Sec. 92A.002. LIMITATION OF LIABILITY. (a) A person who, |
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| 31 | 31 | | by force or otherwise, enters a motor vehicle for the purpose of |
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| 32 | 32 | | removing a vulnerable individual or a domestic animal from the |
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| 33 | 33 | | vehicle is immune from civil liability for damages resulting from |
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| 34 | 34 | | that entry or removal if the person: |
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| 35 | 35 | | (1) determines that: |
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| 36 | 36 | | (A) the motor vehicle is locked; or |
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| 37 | 37 | | (B) there is no reasonable method for the |
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| 38 | 38 | | individual or animal to exit the motor vehicle without assistance; |
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| 39 | 39 | | (2) has a good faith and reasonable belief, based on |
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| 40 | 40 | | known circumstances, that entry into the motor vehicle is necessary |
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| 41 | 41 | | to avoid imminent harm to the individual or animal; |
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| 42 | 42 | | (3) before entering the motor vehicle, ensures that |
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| 43 | 43 | | law enforcement is notified or 911 is called if the person is not a |
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| 44 | 44 | | law enforcement officer or other first responder; |
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| 45 | 45 | | (4) uses no more force to enter the motor vehicle and |
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| 46 | 46 | | remove the individual or animal than is necessary; and |
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| 47 | 47 | | (5) remains with the individual or animal in a safe |
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| 48 | 48 | | location that is in reasonable proximity to the motor vehicle until |
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| 49 | 49 | | a law enforcement officer or other first responder arrives. |
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| 50 | 50 | | (b) A person is not immune from civil liability for entering |
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| 51 | 51 | | a motor vehicle under this section if the person, upon notifying law |
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| 52 | 52 | | enforcement or calling 911, was advised by law enforcement |
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| 53 | 53 | | personnel to not enter the motor vehicle. |
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| 54 | 54 | | SECTION 4. The change in law made by this Act applies only |
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| 55 | 55 | | to a cause of action that accrues on or after the effective date of |
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| 56 | 56 | | this Act. A cause of action that accrued before the effective date |
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| 57 | 57 | | of this Act is governed by the law applicable to the cause of action |
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| 58 | 58 | | immediately before the effective date of this Act, and that law is |
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| 59 | 59 | | continued in effect for that purpose. |
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| 60 | 60 | | SECTION 5. This Act takes effect September 1, 2023. |
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