Texas House Bill 349 seeks to offer liability protections for individuals who remove a domestic animal from a motor vehicle if the person has a good faith and reasonable belief that such removal is necessary to avoid imminent harm to the animal. It is scheduled to be considered in committee on Wednesday, March 12.
The American Kennel Club (AKC) is concerned that without additional limits, HB 349 could lead to unintended consequences. Concerned Texas residents are encouraged to contact the members of the House Judiciary and Civil Jurisprudence Committee to share their concerns.
Summary:
HB 349 would allow an individual to remove an animal from a motor vehicle if the person determines that, in order to avoid imminent harm to the animal, the motor vehicle is locked and that there is no reasonable method for the animal to exit it without assistance. Additionally, the individual must notify law enforcement or call 911 before attempting to enter the vehicle, use no more force than is necessary to enter the vehicle, and remain with the animal in a safe location within reasonable proximity to the vehicle until law enforcement or first responders arrive. Such individuals must remain in a safe location in reasonable proximity to the vehicle until a law enforcement officer or first responder arrives at the scene.
HB 349 does not provide immunity from civil liability for entering a vehicle if the person, upon notifying law enforcement or calling 911, was advised by law enforcement personnel to not enter the vehicle.
AKC’s Position:
No dog should be left in a vehicle if its comfort, health, and safety is in question. “Good Samaritan” legislation must provide a balanced approach that protects both the health and safety of dogs and the interests of responsible dog owners.
AKC is concerned that, without additional clarification, these provisions could lead to unintended consequences that could harm animals and punish responsible owners. For example:
- Owners who are found to have taken proper steps to ensure the animal’s safety was protected—such as proper ventilation, air conditioning, blankets, or other protocols appropriate for the breed—should be provided recourse for damages incurred.
- Owners should also be exempt from liability for their dog acting in self-defense and harming a person who breaks into a vehicle the dog was maintained in. These protections are especially important if the animal flees the vehicle and becomes at-large.
- HB 762 should require rescuers to seek immediate medical attention for the animal if needed.
For more information, read Good Samaritan Laws: Unintended Consequences Require a Balanced Approach.
What You Can Do:
Concerned Texas residents are encouraged to share their concerns about HB 349 with the members of the House Judiciary and Civil Jurisprudence Committee, who are scheduled to consider the bill on Wednesday, March 12, 2025 at 8:00am. Please use the talking points, above.
Representative Jeff Leach, Chair (Dist. 67)
Phone: (512) 463-0544
Jeff.Leach@house.texas.gov
Representative Ann Johnson, Vice Chair (Dist. 134)
Phone: (512) 463-0389
Representative Harold V. Dutton, Jr. (Dist. 142)
Phone: (512) 463-0510
harold.dutton@house.texas.gov
Representative Paul Dyson (Dist. 115)
Phone: 512-463-0468
paul.dyson@houst.texas.gov
Representative Lulu Flores (Dist. 51)
Phone: (512) 463-0674
District51.Flores@house.texas.gov
Representative Jessica Gonzalez (Dist. 104)
Phone: (512) 463-0408
jessica.gonzalez@house.texas.gov
Representative Richard Hayes (Dist. 57)
Dist. Phone: (512) 463-0556
richard.hayes@house.texas.gov
Representative Marc LaHood (Dist. 121)
Phone: (512) 463-0845
Representative Brooks Landgraf (Dist. 81)
Phone: (512) 463-0546
brooks.landgraf@house.texas.gov
Representative Joe Moody (Dist. 78)
Dist. Phone: (512) 463-0728
Joe.Moody@house.texas.gov
Representative Mike Schofield (Dist. 132)
Dist. Phone: (512) 463-0528
mike.schofield@house.texas.gov
AKC Government Relations will continue to provide additional information on HB 349 and other Texas legislation as developments warrant. For more information, contact AKC Government Relations at doglaw@akc.org.