Texas 2025 - 89th Regular

Texas House Bill HB4777 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Flores H.B. No. 4777
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to liability for the loss, injury, or death of a domestic
7	9		animal.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Title 4, Civil Practice and Remedies Code, is
10	12		amended by adding Chapter 87A to read as follows:
11	13		CHAPTER 87A. LIABILITY OF KENNELS AND ANIMAL SHELTERS
12	14		Sec. 87A.001. DEFINITIONS. In this chapter:
13	15		(1) "Animal shelter" has the meaning assigned by
14	16		Section 823.001, Health and Safety Code.
15	17		(2) "Domestic animal" means a dog, cat, or other
16	18		animal that is not a farm animal, wild animal, or livestock.
17	19		(3) "For-profit kennel" means a kennel that is not
18	20		owned or operated by a nonprofit organization exempt from taxation
19	21		under Section 501(c)(3), Internal Revenue Code of 1986, or a
20	22		governmental unit.
21	23		(4) "Governmental unit" has the meaning assigned by
22	24		Section 101.001.
23	25		(5) "Kennel" means a facility that hosts, boards, or
24	26		otherwise holds domestic animals overnight in exchange for
25	27		compensation.
26	28		(6) "Nonprofit kennel" means a kennel that is owned or
27	29		operated by a nonprofit organization exempt from taxation under
28	30		Section 501(c)(3), Internal Revenue Code of 1986.
29	31		(7) "Pet owner" means any person who owns or otherwise
30	32		cares for a domestic animal.
31	33		Sec. 87A.002. LIABILITY OF FOR-PROFIT KENNEL OWNER OR
32	34		OPERATOR. An owner or operator of a for-profit kennel is liable to
33	35		a pet owner as provided by this chapter if:
34	36		(1) while in the kennel's possession, care, or
35	37		control, the pet owner's domestic animal is lost, injured, or dies;
36	38		and
37	39		(2) a negligent, grossly negligent, or intentional act
38	40		or omission by the kennel contributes to the domestic animal's
39	41		loss, injury, or death.
40	42		Sec. 87A.003. LIABILITY OF NONPROFIT KENNEL OWNER OR
41	43		OPERATOR. An owner or operator of a nonprofit kennel is liable to a
42	44		pet owner as provided by this chapter if:
43	45		(1) while in the kennel's possession, care, or
44	46		control, the pet owner's domestic animal is lost, injured, or dies;
45	47		and
46	48		(2) a negligent, grossly negligent, or intentional act
47	49		or omission by the kennel is the proximate cause of the domestic
48	50		animal's loss, injury, or death.
49	51		Sec. 87A.004. LIABILITY OF ANIMAL SHELTER. An animal
50	52		shelter is liable to a pet owner as provided by this chapter if the
51	53		pet owner demonstrates by clear and convincing evidence that:
52	54		(1) while in the shelter's possession, care, or
53	55		control, the pet owner's domestic animal was lost or destroyed;
54	56		(2) the domestic animal was not in the possession of
55	57		the animal shelter as a result of a negligent act or omission by the
56	58		pet owner;
57	59		(3) the animal shelter's act or omission was grossly
58	60		negligent or intentional; and
59	61		(4) the animal shelter's act or omission proximately
60	62		caused the domestic animal's loss or destruction.
61	63		Sec. 87A.005. LIABILITY OF PUBLICLY OWNED KENNEL OR ANIMAL
62	64		SHELTER. (a) A governmental unit that owns or operates a kennel or
63	65		animal shelter is liable to a pet owner as provided by this chapter
64	66		if:
65	67		(1) while in the kennel's or shelter's possession,
66	68		care, or control, the pet owner's domestic animal is lost or
67	69		destroyed; and
68	70		(2) a grossly negligent or intentional act or omission
69	71		of the kennel or shelter was the proximate cause of the domestic
70	72		animal's loss or destruction.
71	73		(b) A governmental unit is liable in an action brought under
72	74		this chapter to the extent allowed by Chapter 101.
73	75		Sec. 87A.006. DEFENSE. It is an affirmative defense to
74	76		liability under this chapter that the loss, injury, or death of the
75	77		domestic animal was proximately caused by a health condition that
76	78		the domestic animal had before entering the kennel or shelter and of
77	79		which the pet owner gave the kennel or shelter notice.
78	80		Sec. 87A.007. EVIDENCE. (a) A claimant may prove causation
79	81		in an action brought under this chapter with direct,
80	82		circumstantial, or expert evidence. The claimant is not required
81	83		to provide testimony from a veterinarian or another causation
82	84		expert in the action. A trial court may not dismiss or otherwise
83	85		dispose of the action before trial solely because the claimant
84	86		fails to provide expert evidence.
85	87		(b) Evidence that a defendant complied with local, state, or
86	88		federal standards, licensing requirements, or regulations is not
87	89		admissible in an action brought under this chapter unless:
88	90		(1) the claimant alleges that the defendant's
89	91		noncompliance contributed to the domestic animal's loss, injury, or
90	92		death; and
91	93		(2) compliance would have prevented the domestic
92	94		animal's loss, injury, or death.
93	95		Sec. 87A.008. DAMAGES. (a) A prevailing claimant in an
94	96		action brought under this chapter may recover:
95	97		(1) if the domestic animal is lost or dies, the market
96	98		value of the domestic animal in an amount equal to the greater of:
97	99		(A) $5,000;
98	100		(B) 80 percent of the purchase price of the
99	101		domestic animal if the domestic animal is at least one year old at
100	102		the time the cause of action accrues;
101	103		(C) the purchase price of the domestic animal if
102	104		the domestic animal is less than one year old at the time the cause
103	105		of action accrues; or
104	106		(D) the market value of the domestic animal as
105	107		testified to by an expert qualified to testify as to the market
106	108		value of domestic animals;
107	109		(2) if the domestic animal is injured and not lost or
108	110		dead, the amount by which the domestic animal's market value, as
109	111		determined under Subdivision (1), is reduced by the injury, as
110	112		determined by the finder of fact;
111	113		(3) reasonable and necessary veterinary expenses
112	114		incurred, as proved by affidavit of a veterinarian, veterinarian's
113	115		assistant, or staff member of a veterinarian's clinic;
114	116		(4) future veterinary expenses, as proved by affidavit
115	117		of a veterinarian;
116	118		(5) reasonable and necessary medical expenses of the
117	119		pet owner;
118	120		(6) pain and suffering of the domestic animal;
119	121		(7) the following noneconomic damages sustained by the
120	122		pet owner for the loss or death of a domestic animal:
121	123		(A) bystander damages;
122	124		(B) mental anguish; and
123	125		(C) loss of animal companionship;
124	126		(8) the following noneconomic damages sustained by the
125	127		pet owner if the pet owner has a disability or other documented
126	128		condition requiring the use of a service animal and the domestic
127	129		animal that is the subject of the action is a service animal:
128	130		(A) bystander damages;
129	131		(B) mental anguish;
130	132		(C) pain and suffering;
131	133		(D) loss of animal companionship; and
132	134		(E) inconvenience;
133	135		(9) statutory damages of the greater of $10,000 per
134	136		domestic animal or an amount not to exceed three times the amount of
135	137		actual damages if the claimant proves by clear and convincing
136	138		evidence that the death of the domestic animal was the result of a
137	139		fire and the defendant did not have an operational smoke alarm,
138	140		operational fire alarm, or other fire-suppressing equipment in the
139	141		kennel or shelter, as applicable;
140	142		(10) if Subdivision (9) does not apply, statutory
141	143		damages of $10,000 if the defendant proximately caused the loss or
142	144		death of at least 10 domestic animals in less than 24 hours; and
143	145		(11) except as provided by Subsection (b), if the act
144	146		or omission of the defendant was the result of gross negligence or
145	147		intentional conduct, exemplary damages in an amount not to exceed:
146	148		(A) the greater of:
147	149		(i) $200,000; or
148	150		(ii) two times the amount of actual
149	151		damages; or
150	152		(B) the limit imposed by Section 41.008.
151	153		(b) A claimant may not recover exemplary damages from a
152	154		nonprofit kennel or animal shelter that operates with either
153	155		volunteer or paid staff on location at all times.
154	156		(c) A claimant that prevails in an action brought under this
155	157		chapter against a for-profit kennel or a defendant providing
156	158		services to the claimant under a contract for compensation at the
157	159		time the cause of action accrued may recover court costs and
158	160		reasonable attorney's fees.
159	161		(d) There is a rebuttable presumption that a claimant making
160	162		a claim for the loss or death of the claimant's domestic animal is
161	163		entitled to damages for mental anguish. The claimant is not
162	164		required to provide evidence of physical pain or present expert
163	165		testimony to receive mental anguish damages.
164	166		(e) The damages and liability limits prescribed by this
165	167		section as a dollar amount are increased by five percent per annum
166	168		between September 1, 2025, and the date damages are awarded in the
167	169		action.
168	170		Sec. 87A.009. CONSTRUCTION OF CHAPTER. (a) This chapter
169	171		may not be construed to limit a person from bringing an action under
170	172		another law, including an action for breach of contract or a
171	173		deceptive trade practice.
172	174		(b) This chapter shall be liberally construed to favor the
173	175		protection of domestic animals and the rights of pet owners.
174	176		SECTION 2. Chapter 87A, Civil Practice and Remedies Code,
175	177		as added by this Act, applies only to a cause of action that accrues
176	178		on or after the effective date of this Act.
177	179		SECTION 3. This Act takes effect September 1, 2025.