Bill Text: TX HB3622 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to liability for the death of a pet.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3622 Detail]
Download: Texas-2011-HB3622-Introduced.html
82R7240 TJS-D | ||
By: Anderson of Dallas | H.B. No. 3622 |
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relating to liability for the death of a pet. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 87A to read as follows: | ||
CHAPTER 87A. LIABILITY FOR DEATH OF PET | ||
Sec. 87A.001. DEFINITIONS. In this chapter: | ||
(1) "Governmental unit" has the meaning assigned by | ||
Section 42.001. | ||
(2) "Pet" means a domesticated animal, including a cat | ||
or dog, that is owned by an individual and kept in or near the | ||
household of the individual for the primary purpose of | ||
companionship. | ||
Sec. 87A.002. LIABILITY. (a) A person is liable as | ||
provided by Subsection (b) if the person engages in conduct that: | ||
(1) intentionally causes the death of a pet; or | ||
(2) negligently causes the death of a pet and the | ||
conduct takes place: | ||
(A) on the property of the pet's owner or | ||
caretaker; or | ||
(B) while the pet is under the control or | ||
supervision of the pet's owner or caretaker. | ||
(b) A person who is liable under Subsection (a) is liable to | ||
the pet's owner for damages and any other appropriate relief for the | ||
loss of companionship or society of the pet. | ||
Sec. 87A.003. LIMITATION ON DAMAGES. (a) In an action for | ||
the death of a pet under this chapter, damages, including | ||
noneconomic and exemplary damages, may not exceed $5,000 for each | ||
pet. | ||
(b) Noneconomic damages awarded under this chapter are | ||
solely for the loss of reasonably expected companionship or society | ||
of the pet. This section may not be construed to limit the amount of | ||
damages recoverable in any other cause of action. | ||
Sec. 87A.004. APPLICABILITY. (a) This chapter does not | ||
apply to the official act or omission of a nonprofit entity or a | ||
governmental unit or to an employee or officer of a nonprofit entity | ||
or governmental unit. | ||
(b) This chapter may not be construed to provide for the | ||
recovery of noneconomic damages from a licensed veterinarian in an | ||
action for veterinary malpractice or negligence. | ||
SECTION 2. Chapter 87A, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to conduct that takes place on or | ||
after the effective date of this Act. Conduct that takes place | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |