88R1750 AJA-D     By: Zaffirini S.B. No. 2421       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; and                (6)  in the case of removing an animal from a motor   vehicle, places a note on the motor vehicle's windshield with the   following information:                      (A)  the person's telephone number, e-mail   address, or other method of contacting the person;                      (B)  an explanation of the reason that the person   entered the motor vehicle;                      (C)  the location of the animal; and                      (D)  a statement indicating that the person   either:                            (i)  notified law enforcement or called 911;   or                            (ii)  is a law enforcement officer or other   first responder.           (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, 2023.