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AN ACT
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relating to civil liability for removing certain individuals from a |
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motor vehicle. |
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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 92A to read as follows: |
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CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN |
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INDIVIDUALS FROM MOTOR VEHICLE |
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Sec. 92A.001. DEFINITIONS. In this chapter: |
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(1) "Motor vehicle" means a vehicle that is |
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self-propelled or a trailer or semitrailer designed for use with a |
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self-propelled vehicle. |
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(2) "Vulnerable individual" means: |
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(A) a child younger than seven years of age; or |
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(B) an individual who by reason of age or |
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physical or mental disease, defect, or injury is substantially |
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unable to protect the individual's self from harm. |
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Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by |
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force or otherwise, enters a motor vehicle for the purpose of |
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removing a vulnerable individual from the vehicle is immune from |
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civil liability for damages resulting from that entry or removal if |
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the person: |
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(1) determines that: |
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(A) the motor vehicle is locked; or |
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(B) there is no reasonable method for the |
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individual to exit the motor vehicle without assistance; |
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(2) has a good faith and reasonable belief, based on |
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known circumstances, that entry into the motor vehicle is necessary |
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to avoid imminent harm to the individual; |
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(3) before entering the motor vehicle, ensures that |
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law enforcement is notified or 911 is called if the person is not a |
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law enforcement officer or other first responder; |
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(4) uses no more force to enter the motor vehicle and |
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remove the individual than is necessary; and |
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(5) remains with the individual in a safe location |
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that is in reasonable proximity to the motor vehicle until a law |
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enforcement officer or other first responder arrives. |
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Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not |
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affect limitation under Section 74.151 or 74.152 of a person's |
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liability for good faith administration of emergency care. |
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SECTION 2. Chapter 92A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 478 was passed by the House on May 8, |
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2017, by the following vote: Yeas 145, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 478 on May 24 |
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, 2017, by the following vote: Yeas 145, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 478 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |