Bill Text: TX SB1500 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to liability for the death of a pet.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to State Affairs [SB1500 Detail]
Download: Texas-2011-SB1500-Introduced.html
| 82R10654 JRH-D | ||
| By: Watson | S.B. No. 1500 | |
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| relating to liability for the death of a pet. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 87A to read as follows: | ||
| CHAPTER 87A. LIABILITY FOR DEATH OF PET | ||
| Sec. 87A.001. DEFINITIONS. In this chapter: | ||
| (1) "Governmental unit" has the meaning assigned by | ||
| Section 42.001. | ||
| (2) "Pet" means a domesticated animal, including a cat | ||
| or dog, that is owned by an individual and kept in or near the | ||
| household of the individual for the primary purpose of | ||
| companionship. | ||
| Sec. 87A.002. LIABILITY. (a) A person is liable as | ||
| provided by Subsection (b) if: | ||
| (1) the person engages in conduct that intentionally | ||
| causes the death of a pet; | ||
| (2) a reasonable person would not consider the pet to | ||
| be likely to: | ||
| (A) cause bodily injury to any person; | ||
| (B) attack livestock, domestic animals, or | ||
| fowls; or | ||
| (C) damage real or personal property; | ||
| (3) the pet was not: | ||
| (A) causing bodily injury to any person; | ||
| (B) attacking livestock, domestic animals, or | ||
| fowls; or | ||
| (C) damaging real or personal property; and | ||
| (4) the pet had not recently: | ||
| (A) caused bodily injury to any person; | ||
| (B) attacked livestock, domestic animals, or | ||
| fowls; or | ||
| (C) damaged real or personal property. | ||
| (b) A person who is liable under Subsection (a) is liable to | ||
| the pet's owner for damages and any other appropriate relief for the | ||
| loss of companionship or society of the pet. | ||
| Sec. 87A.003. DAMAGES. (a) In an action for the death of a | ||
| pet under this chapter, damages, including noneconomic and | ||
| exemplary damages, shall be at least $500 but not more than $5,000 | ||
| for each pet. | ||
| (b) Noneconomic damages awarded under this chapter are | ||
| solely for the loss of reasonably expected companionship or society | ||
| of the pet. This section may not be construed to limit the amount of | ||
| damages recoverable in any other cause of action. | ||
| Sec. 87A.004. APPLICABILITY. (a) This chapter does not | ||
| apply to the official act or omission of a nonprofit entity or a | ||
| governmental unit or to an employee or officer of a nonprofit entity | ||
| or governmental unit. | ||
| (b) This chapter may not be construed to provide for the | ||
| recovery of noneconomic damages from a licensed veterinarian in an | ||
| action for veterinary malpractice or negligence. | ||
| SECTION 2. Chapter 87A, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to conduct that occurs on or | ||
| after the effective date of this Act. Conduct that occurs before | ||
| the effective date of this Act is governed by the law in effect | ||
| immediately before that date, and that law is continued in effect | ||
| for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
