Limitation of Liability

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