Bill Text: TX HB478 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: Israel, Laubenberg, Rinaldi, Gutierrez, H.B. No. 478
Neave, et al.

A BILL TO BE ENTITLED
AN ACT
relating to civil liability for removing certain individuals or
animals 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.