Bill Text: TX HB478 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to civil liability for removing certain individuals from a motor vehicle.
Spectrum: 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 |