Bill Text: TX SB250 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to civil liability for removing certain animals from a motor vehicle.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-05-07 - Co-author authorized [SB250 Detail]
Download: Texas-2019-SB250-Introduced.html
86R2315 BRG-D | ||
By: Zaffirini | S.B. No. 250 |
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relating to civil liability for removing certain animals from a | ||
motor vehicle. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 92A, Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN | ||
INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE | ||
SECTION 2. Section 92A.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 92A.001. DEFINITIONS. In this chapter: | ||
(1) "Domestic animal" means a dog, cat, or other | ||
domesticated animal that may be kept as a household pet. The term | ||
does not include a livestock animal, as defined by Section 87.001. | ||
(2) "Motor vehicle" means a vehicle that is | ||
self-propelled or a trailer or semitrailer designed for use with a | ||
self-propelled vehicle. | ||
(3) [ |
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(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. | ||
SECTION 3. Section 92A.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
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 or a domestic animal 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 or animal 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 or animal; | ||
(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 or animal than is necessary; and | ||
(5) remains with the individual or animal in a safe | ||
location that is in reasonable proximity to the motor vehicle until | ||
a law enforcement officer or other first responder arrives. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrued before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2019. |