Bill: HB 478, 85(R) - 2017
Committee
House Judiciary & Civil Jurisprudence
2nd Chamber Committee
Senate State Affairs
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| 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.
