Bill Text: TX HB478 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to civil liability for removing certain individuals from a motor vehicle.
Sponsorship: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB478 Detail]
Download: Texas-2017-HB478-Enrolled.html
| H.B. No. 478 | ||
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| relating to civil liability for removing certain individuals from a | ||
| motor vehicle. | ||
| 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 92A to read as follows: | ||
| CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN | ||
| INDIVIDUALS FROM MOTOR VEHICLE | ||
| Sec. 92A.001. DEFINITIONS. In this chapter: | ||
| (1) "Motor vehicle" means a vehicle that is | ||
| self-propelled or a trailer or semitrailer designed for use with a | ||
| self-propelled vehicle. | ||
| (2) "Vulnerable individual" means: | ||
| (A) a child younger than seven years of age; or | ||
| (B) an individual who by reason of age or | ||
| physical or mental disease, defect, or injury is substantially | ||
| unable to protect the individual's self from harm. | ||
| Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by | ||
| force or otherwise, enters a motor vehicle for the purpose of | ||
| removing a vulnerable individual from the vehicle is immune from | ||
| civil liability for damages resulting from that entry or removal if | ||
| the person: | ||
| (1) determines that: | ||
| (A) the motor vehicle is locked; or | ||
| (B) there is no reasonable method for the | ||
| individual to exit the motor vehicle without assistance; | ||
| (2) has a good faith and reasonable belief, based on | ||
| known circumstances, that entry into the motor vehicle is necessary | ||
| to avoid imminent harm to the individual; | ||
| (3) before entering the motor vehicle, ensures that | ||
| law enforcement is notified or 911 is called if the person is not a | ||
| law enforcement officer or other first responder; | ||
| (4) uses no more force to enter the motor vehicle and | ||
| remove the individual than is necessary; and | ||
| (5) remains with the individual in a safe location | ||
| that is in reasonable proximity to the motor vehicle until a law | ||
| enforcement officer or other first responder arrives. | ||
| Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not | ||
| affect limitation under Section 74.151 or 74.152 of a person's | ||
| liability for good faith administration of emergency care. | ||
| SECTION 2. Chapter 92A, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to a cause of action that accrues | ||
| on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 478 was passed by the House on May 8, | ||
| 2017, by the following vote: Yeas 145, Nays 1, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 478 on May 24 | ||
| , 2017, by the following vote: Yeas 145, Nays 0, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 478 was passed by the Senate, with | ||
| amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
