Relating to civil liability for removing certain individuals or animals from a motor vehicle.

The text as introduced · 508 words

90R1701 AMF-D

By: Flores
H.B. No. 104

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. 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) [ (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.

SECTION 3. Section 92A.002, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 92A.002. LIMITATION OF LIABILITY. (a) 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 .

(b) A person is not immune from civil liability for entering

a motor vehicle under this section if the person, upon notifying law

enforcement or calling 911, was advised by law enforcement

personnel to not enter the motor vehicle .

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, 2027.