Texas 2025 - 89th Regular

Texas House Bill HB349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R2339 AMF-D
2		-	By: Flores, Leach, Bumgarner, Plesa, Buckley, H.B. No. 349
3		-	et al.
4		-
5		-
	2	+	By: Flores, Leach, Bumgarner, Plesa, Buckley H.B. No. 349
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to civil liability for removing certain individuals or
11	8		animals from a motor vehicle.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. The heading to Chapter 92A, Civil Practice and
14	11		Remedies Code, is amended to read as follows:
15	12		CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN
16	13		INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE
17	14		SECTION 2. Section 92A.001, Civil Practice and Remedies
18	15		Code, is amended to read as follows:
19	16		Sec. 92A.001. DEFINITIONS. In this chapter:
20	17		(1) "Domestic animal" means a dog, cat, or other
21	18		domesticated animal that may be kept as a household pet. The term
22	19		does not include a livestock animal, as defined by Section 87.001.
23	20		(2) "Motor vehicle" means a vehicle that is
24	21		self-propelled or a trailer or semitrailer designed for use with a
25	22		self-propelled vehicle.
26	23		(3) [(2)] "Vulnerable individual" means:
27	24		(A) a child younger than seven years of age; or
28	25		(B) an individual who by reason of age or
29	26		physical or mental disease, defect, or injury is substantially
30	27		unable to protect the individual's self from harm.
31	28		SECTION 3. Section 92A.002, Civil Practice and Remedies
32	29		Code, is amended to read as follows:
33	30		Sec. 92A.002. LIMITATION OF LIABILITY. (a) A person who,
34	31		by force or otherwise, enters a motor vehicle for the purpose of
35	32		removing a vulnerable individual or a domestic animal from the
36	33		vehicle is immune from civil liability for damages resulting from
37	34		that entry or removal if the person:
38	35		(1) determines that:
39	36		(A) the motor vehicle is locked; or
40	37		(B) there is no reasonable method for the
41	38		individual or animal to exit the motor vehicle without assistance;
42	39		(2) has a good faith and reasonable belief, based on
43	40		known circumstances, that entry into the motor vehicle is necessary
44	41		to avoid imminent harm to the individual or animal;
45	42		(3) before entering the motor vehicle, ensures that
46	43		law enforcement is notified or 911 is called if the person is not a
47	44		law enforcement officer or other first responder;
48	45		(4) uses no more force to enter the motor vehicle and
49	46		remove the individual or animal than is necessary; and
50	47		(5) remains with the individual or animal in a safe
51	48		location that is in reasonable proximity to the motor vehicle until
52	49		a law enforcement officer or other first responder arrives.
53	50		(b) A person is not immune from civil liability for entering
54	51		a motor vehicle under this section if the person, upon notifying law
55	52		enforcement or calling 911, was advised by law enforcement
56	53		personnel to not enter the motor vehicle.
57	54		SECTION 4. The change in law made by this Act applies only
58	55		to a cause of action that accrues on or after the effective date of
59	56		this Act. A cause of action that accrued before the effective date
60	57		of this Act is governed by the law applicable to the cause of action
61	58		immediately before the effective date of this Act, and that law is
62	59		continued in effect for that purpose.
63	60		SECTION 5. This Act takes effect September 1, 2025.