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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for the death of a pet. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 87A to read as follows: |
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CHAPTER 87A. LIABILITY FOR DEATH OF PET |
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Sec. 87A.001. DEFINITIONS. In this chapter: |
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(1) "Governmental unit" has the meaning assigned by |
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Section 42.001. |
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(2) "Pet" means a domesticated animal, including a cat |
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or dog, that is owned by an individual and kept in or near the |
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household of the individual for the primary purpose of |
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companionship. |
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Sec. 87A.002. LIABILITY. (a) A person is liable as |
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provided by Subsection (b) if: |
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(1) the person engages in conduct that intentionally |
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causes the death of a pet; |
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(2) a reasonable person would not consider the pet to |
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be likely to: |
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(A) cause bodily injury to any person; |
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(B) attack livestock, domestic animals, or |
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fowls; or |
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(C) damage real or personal property; |
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(3) the pet was not: |
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(A) causing bodily injury to any person; |
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(B) attacking livestock, domestic animals, or |
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fowls; or |
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(C) damaging real or personal property; and |
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(4) the pet had not recently: |
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(A) caused bodily injury to any person; |
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(B) attacked livestock, domestic animals, or |
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fowls; or |
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(C) damaged real or personal property. |
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(b) A person who is liable under Subsection (a) is liable to |
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the pet's owner for damages and any other appropriate relief for the |
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loss of companionship or society of the pet. |
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Sec. 87A.003. DAMAGES. (a) In an action for the death of a |
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pet under this chapter, damages, including noneconomic and |
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exemplary damages, shall be at least $500 but not more than $5,000 |
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for each pet. |
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(b) Noneconomic damages awarded under this chapter are |
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solely for the loss of reasonably expected companionship or society |
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of the pet. This section may not be construed to limit the amount of |
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damages recoverable in any other cause of action. |
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Sec. 87A.004. APPLICABILITY. (a) This chapter does not |
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apply to the official act or omission of a nonprofit entity or a |
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governmental unit or to an employee or officer of a nonprofit entity |
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or governmental unit. |
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(b) This chapter may not be construed to provide for the |
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recovery of noneconomic damages from a licensed veterinarian in an |
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action for veterinary malpractice or negligence. |
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SECTION 2. Chapter 87A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to conduct that occurs on or |
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after the effective date of this Act. Conduct that occurs before |
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the effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |