Can Texans legally break a window to rescue a dog or cat in a hot car? What about a child?

Brayden Garcia
·3 min read
103

A person or animal being left in a hot vehicle happens every year, but is it legal in Texas for someone to free them?

Fort Worth is nearing the wicked hot portion of a Texas summer with days in the mid- to high-90s in the forecast. The month of July is when North Texas sees days of triple digit temperatures, according to historical data from the National Weather Service.

A vehicle’s internal temperature can heat up well over the outside equivalent, leaving many as ovens rather than automobiles. But before you play the hero and free a person or animal inside a hot car, here’s what Texas law says about the subject.

Is it legal to free a person from a hot car in Texas?

Yes, under the Texas Good Samaritan law it is legal to free a person from a hot car.

Section 74.151 of the Texas Civil Practice and Remedies Code states that “A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent”.

This means that a person is legally able to break a window to save a person in an emergency, without being liable for damages to the vehicle. This also extends to people who administer emergency care through an external defibrillator.

However, it is illegal for Texans to administer emergency care in the hopes of being paid for their services.

Is it legal to free an animal from a hot car in Texas?

No, it’s illegal to break a vehicle’s window to save an animal such as a dog.

Former state Rep. Celia Israel attempted to pass legislation that would make it legal to free an animal from a hot vehicle during the 86th Texas Legislative Session. The legislation was filed during the 2019 session, but did not advance.

Israel’s House Bill 810 states, “A person who, by force or otherwise, enters a motor vehicle for the purpose of removing a vulnerable individual or a domestic animal from the vehicle is immune from civil liability for damages resulting from that entry or removal”.

The bill would have given Texans the same immunity from civil liability for rescuing domestic animals, as it does for people. No other bill like this has been filed with lawmakers since Israel’s attempt four years ago.

How many animals are left in hot cars every year?

In 2022 alone, over 50 animals suffered heat-related deaths and nearly 500 were rescued from hot weather situations nationwide, according to PETA.

Of the 54 heat-related animal deaths, 10 of those occurred in Texas, from Houston and Round Rock to Parker County. Of the 469 animals rescued from the heat and reported to PETA, only four dogs from Houston made the list.

What can you do to help animals in hot cars?

There are things everyone can do to help animals in hot cars, according to The Humane Society of the United States:

  • Take note of the car’s make, model and license plate number.

  • Alert nearby bushiness or security guards of this so they can make an announcement to find the car’s owner.

  • If the owner isn’t found, call the non-emergency number for Fort Worth police (817-392-4222) or animal control (817-392-1234) for assistance.