Bill

HB 478

85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
Read Bill & Check Bill Status
House Judiciary & Civil Jurisprudence
Senate State Affairs

Vote Recommendation

No
  • Neutral
  • Negative
  • Neutral
  • Neutral
  • Neutral

Author(s)

Celia Israel

Co-Author(s)

Jessica Farrar
Mike Lang
John Raney

Sponsor(s)

Carlos Uresti

Bill Caption

Relating to civil liability for removing certain individuals or animals from a motor vehicle.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 478 would stipulate that  "a person who, by force or otherwise, enters a motor vehicle for the purpose of removing a vulnerable individual from the vehicle is immune from civil liability for damages resulting from that entry or removal" if certain conditions are met, including that the vehicle is locked, the person "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", and the person stays with the vulnerable individual until law enforcement or first responders arrive. 

Vote Recommendation Notes

HB 478 violates our property rights principle because it would allow a person's property to be damaged without civil recourse for the property owner. This bill does not have any protections for property rights in case the person in question is wrong in their belief that harm was imminent. For this reason, we oppose this bill.