85R1864 JRH-D     By: Uresti S.B. No. 188       A BILL TO BE ENTITLED   AN ACT   relating to civil or criminal liability for transporting in,   confining in, or removing from a motor vehicle certain animals.          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 ANIMALS   FROM MOTOR VEHICLE          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.          Sec. 92A.002.  LIMITATION OF LIABILITY. A person who, by   force or otherwise, enters a motor vehicle for the purpose of   removing 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   domestic animal to exit the motor vehicle without assistance;                (2)  has a good faith and reasonable belief, based on   the known circumstances, that entry into the motor vehicle is   necessary to avoid imminent harm to the domestic animal;                (3)  before or immediately after entering the motor   vehicle, ensures that law enforcement is notified or 911 is called;                (4)  uses no more force to enter the motor vehicle than   is necessary;                (5)  remains with the domestic animal in a safe   location that is in reasonable proximity to the motor vehicle until   law enforcement or another first responder arrives; and                (6)  transfers control of the domestic animal to the   first responder on the first responder's arrival.          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.  DEFINITION. In this subchapter, "animal" and   "motor vehicle" have the meanings assigned by Section 42.092.          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   the 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 is notified or 911 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 law enforcement   or another first responder arrives; and                (6)  transfers control of the animal to the first   responder on the first responder's arrival.          SECTION 3.  Section 42.092(a), Penal Code, is amended by   adding Subdivision (6-a) to read as follows:                (6-a)  "Motor vehicle" means a vehicle that is   self-propelled or a trailer or semitrailer designed for use with a   self-propelled vehicle.          SECTION 4.  Section 42.092(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if the person intentionally,   knowingly, or recklessly:                (1)  tortures an animal or in a cruel manner kills or   causes serious bodily injury to an animal, including by depriving   an animal of adequate ventilation or exposing an animal in a motor   vehicle to prolonged and life-threatening heat or cold without   providing proper protection for the animal;                (2)  without the owner's effective consent, kills,   administers poison to, or causes serious bodily injury to an   animal;                (3)  fails unreasonably to provide necessary food,   water, care, or shelter for an animal in the person's custody;                (4)  abandons unreasonably an animal in the person's   custody;                (5)  transports or confines an animal in a cruel   manner, including by depriving an animal of adequate ventilation or   exposing an animal in a motor vehicle to prolonged and   life-threatening heat or cold without providing proper protection   for the animal;                (6)  without the owner's effective consent, causes   bodily injury to an animal;                (7)  causes one animal to fight with another animal, if   either animal is not a dog;                (8)  uses a live animal as a lure in dog race training   or in dog coursing on a racetrack; or                (9)  seriously overworks an animal.          SECTION 5.  (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, and amending Section 42.092, 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 6.  This Act takes effect September 1, 2017.