§ 92A.002 — LIMITATION OF LIABILITY.

Texas § 92A.002

• Jurisdiction: Texas
• Code CP: Civil Practice and Remedies Code

Text

Sec. 92A.002. LIMITATION OF LIABILITY. 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 the person:
(1) determines that:
(A) the motor vehicle is locked; or
(B) there is no reasonable method for the individual 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;
(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 than is necessary; and
(5) remains with the individual in a safe location that is in reasonable proximity to the motor vehicle until a law enforcement officer or other first responder arrives.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 694 (H.B. 478 ), Sec. 1, eff. September 1, 2017.