H.B. No. 478 AN ACT 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