HB 3622, provides for civil damages up to $5,000 for killing of your "pet"dog

Interesting bill filled in the House with A companion in the Senate. It provides for civil relief up to $5,000 for the loss of companionship if someone kills your dog on your property or while under your supervision. It is designed to cover pets and I do not know if it would cover hunting dogs for sure but it seems like it might. This bill covers the loss of companionship and value of the dog would be in addition to this amount up to $5,000. I will make some calls this week for more information.

This bill is targeting PETS, but I think it is good to see some legislation of this type.

82R7240 TJS-D

  By: Anderson of Dallas H.B. No. 3622


   A BILL TO BE ENTITLED
   AN ACT
   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 the person engages in conduct that:
   (1) intentionally causes the death of a pet; or
   (2) negligently causes the death of a pet and the
   conduct takes place:
   (A) on the property of the pet's owner or
   caretaker; or
   (B) while the pet is under the control or
   supervision of the pet's owner or caretaker. (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. LIMITATION ON DAMAGES. (a) In an action for
   the death of a pet under this chapter, damages, including
   noneconomic and exemplary damages, may not exceed $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 takes place on or
   after the effective date of this Act. Conduct that takes place
   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.