By: Uresti S.B. No. 188 (In the Senate - Filed November 14, 2016; January 25, 2017, read first time and referred to Committee on State Affairs; April 18, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 1; April 18, 2017, sent to printer.)Click here to see the committee vote COMMITTEE SUBSTITUTE FOR S.B. No. 188 By: Hughes A BILL TO BE ENTITLED AN ACT relating to civil liability for removing certain individuals or animals from a motor vehicle and criminal liability for removing certain 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 OR ANIMALS FROM MOTOR VEHICLE Sec. 92A.001. DEFINITIONS. In this chapter: (1) "Animal control officer" has the meaning assigned by Section 829.001, Health and Safety Code. (2) "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. (3) "Motor vehicle" means a vehicle that is self-propelled or a trailer or semitrailer designed for use with a self-propelled vehicle. (4) "Vulnerable individual" means 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 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 or immediately after entering the motor vehicle, ensures that law enforcement or animal control, as appropriate, is notified or 9-1-1 is called; (4) uses no more force to enter the motor vehicle than is necessary; (5) remains with the individual or animal in a safe location that is in reasonable proximity to the motor vehicle until a first responder or animal control officer arrives or, if based on known circumstances the person has a good faith and reasonable belief that it is necessary to remove the individual or animal from the vicinity of the vehicle, leaves in a secure and conspicuous location on or within the vehicle written notice that provides the person's name and information and is otherwise sufficient to allow the individual or animal to be easily located; and (6) in the case of an animal, transfers control of the animal to the first responder or officer on the first responder's or officer's arrival. 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 9, Penal Code, is amended by adding Subchapter G to read as follows: SUBCHAPTER G. PROTECTION OF CERTAIN ANIMALS IN MOTOR VEHICLES Sec. 9.71. DEFINITIONS. In this subchapter: (1) "Animal" has the meaning assigned by Section 42.092. (2) "Animal control officer" has the meaning assigned by Section 829.001, Health and Safety Code. (3) "Motor vehicle" has the meaning assigned by Section 92A.001, Civil Practice and Remedies Code. Sec. 9.72. JUSTIFIED REMOVAL OF ANIMAL FROM MOTOR VEHICLE. A person's conduct is justified when the actor, by force or otherwise, enters a motor vehicle for the purpose of removing an animal from the vehicle if the actor: (1) determines that: (A) the motor vehicle is locked; or (B) there is no reasonable method for the 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 animal; (3) before or immediately after entering the motor vehicle, ensures that law enforcement or animal control, as appropriate, is notified or 9-1-1 is called; (4) uses no more force to enter the motor vehicle than is necessary; (5) remains with the animal in a safe location that is in reasonable proximity to the motor vehicle until a first responder or animal control officer arrives or, if based on known circumstances the actor has a good faith and reasonable belief that it is necessary to remove the animal from the vicinity of the vehicle, leaves in a secure and conspicuous location on or within the vehicle written notice that provides the actor's name and information and is otherwise sufficient to allow the animal to be easily located; and (6) transfers control of the animal to the first responder or officer on the first responder's or officer's arrival. SECTION 3. (a) 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. (b) The change in law made by this Act by adding Subchapter G, Chapter 9, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 4. This Act takes effect September 1, 2017. * * * * *