HB 104 — Civil liability

90R1701 AMF-D By: Flores H.B. No. 104 relating to civil liability for removing certain individuals or animals from a motor vehicle.

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 . (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, 2027.