85R3292 JRH-D     By: Israel H.B. No. 478       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.  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:                      (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 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.          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.