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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for the death of a pet. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 87A to read as follows: |
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CHAPTER 87A. LIABILITY FOR DEATH OF PET |
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Sec. 87A.001. DEFINITIONS. In this chapter: |
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(1) "Governmental unit" has the meaning assigned by |
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Section 42.001. |
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(2) "Pet" means a domesticated animal, including a cat |
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or dog, that is owned by an individual and kept in or near the |
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household of the individual for the primary purpose of |
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companionship. |
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Sec. 87A.002. LIABILITY. (a) A person is liable as |
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provided by Subsection (b) if the person engages in conduct that: |
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(1) intentionally causes the death of a pet; or |
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(2) negligently causes the death of a pet and the |
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conduct takes place: |
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(A) on the property of the pet's owner or |
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caretaker; or |
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(B) while the pet is under the control or |
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supervision of the pet's owner or caretaker. |
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(b) A person who is liable under Subsection (a) is liable to |
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the pet's owner for damages and any other appropriate relief for the |
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loss of companionship or society of the pet. |
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Sec. 87A.003. LIMITATION ON DAMAGES. (a) In an action for |
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the death of a pet under this chapter, damages, including |
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noneconomic and exemplary damages, may not exceed $5,000 for each |
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pet. |
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(b) Noneconomic damages awarded under this chapter are |
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solely for the loss of reasonably expected companionship or society |
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of the pet. This section may not be construed to limit the amount of |
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damages recoverable in any other cause of action. |
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Sec. 87A.004. APPLICABILITY. (a) This chapter does not |
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apply to the official act or omission of a nonprofit entity or a |
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governmental unit or to an employee or officer of a nonprofit entity |
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or governmental unit. |
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(b) This chapter may not be construed to provide for the |
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recovery of noneconomic damages from a licensed veterinarian in an |
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action for veterinary malpractice or negligence. |
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SECTION 2. Chapter 87A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to conduct that takes place on or |
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after the effective date of this Act. Conduct that takes place |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |