85R2876 JRH-D     By: Villalba H.B. No. 401       A BILL TO BE ENTITLED   AN ACT   relating to civil or criminal liability for leaving certain animals   unattended in or removing certain individuals or 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)  "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)  "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 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 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 law enforcement officer or other first responder 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, as soon as practicable   surrenders the animal to:                      (A)  another person that the person reasonably   believes is the animal's owner or caregiver; or                      (B)  a law enforcement officer or other first   responder.          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 INDIVIDUALS OR ANIMALS IN   MOTOR VEHICLES          Sec. 9.71.  DEFINITIONS. In this subchapter:                (1)  "Animal" and "motor vehicle" have the meanings   assigned by Section 42.092.                (2)  "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. 9.72.  JUSTIFIED REMOVAL OF INDIVIDUAL OR 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 a vulnerable individual or 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   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 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 law enforcement officer or other first responder arrives or, if   based on known circumstances the actor 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 actor'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, as soon as practicable   surrenders the animal to:                      (A)  a person that the actor reasonably believes   is the animal's owner or caregiver; or                      (B)  a law enforcement officer or other first   responder.          SECTION 3.  Section 22.10, Penal Code, is amended to read as   follows:          Sec. 22.10.  LEAVING A CHILD OR NONLIVESTOCK ANIMAL IN A   VEHICLE. (a) A person commits an offense if the person [he]   intentionally or knowingly leaves a child or animal in a motor   vehicle for longer than five minutes and, as applicable, knows[,   knowing] that:                (1)  the child is:                      (A) [(1)]  younger than seven years of age; and                      (B) [(2)]  not attended by an individual in the   vehicle who is 14 years of age or older; or                (2)  the animal is:                      (A)  not attended by an individual in the vehicle   who is 14 years of age or older; and                      (B)  exposed to harm, including harm caused by   temperature or lack of ventilation, while being confined in the   vehicle.          (b)  An offense under this section is a Class C misdemeanor.          (c)  To the extent that a local ordinance, rule, or   regulation adopted by a political subdivision of this state   prohibits or restricts leaving in a motor vehicle an unaccompanied   animal to a greater degree than this section:                (1)  Section 1.08 does not apply to the ordinance,   rule, or regulation; and                (2)  the ordinance, rule, or regulation is not   preempted or superseded by this section.          (d)  In this section, "animal" has the meaning assigned by   Section 42.092.          SECTION 4.  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 5.  Sections 42.092(b) and (c), Penal Code, are   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;                (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;                (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; or                (10)  leaves an animal unattended in a motor vehicle   under circumstances that expose the animal to life-threatening heat   or cold without providing proper protection for the animal.          (c)  An offense under Subsection (b)(3), (4), (5), (6), [or]   (9), or (10) is a Class A misdemeanor, except that the offense is a   state jail felony if the person has previously been convicted two   times under this section, two times under Section 42.09, or one time   under this section and one time under Section 42.09. An offense   under Subsection (b)(1), (2), (7), or (8) is a state jail felony,   except that the offense is a felony of the third degree if the   person has previously been convicted two times under this section,   two times under Section 42.09, or one time under this section and   one time under Section 42.09.          SECTION 6.  (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 Sections 22.10 and 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 7.  This Act takes effect September 1, 2017.