Tex. Civ. Practice & Remedies Code Section 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.

Source: Section 92A.002 — Limitation of Liability, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­92A.­htm#92A.­002 (accessed Apr. 20, 2024).

Accessed:
Apr. 20, 2024

§ 92A.002’s source at texas​.gov