§ 92A.001.Definitions

Two definitions for a short chapter about breaking into cars.

"Vulnerable individual" means a child younger than seven years of age, or an individual who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the individual's self from harm.

The first branch is a bright line. Under seven, and no assessment is required — the age settles it.

The second is functional, and it reaches an older child, an elderly person with dementia, or an adult with a disability. The test is substantially unable to protect themselves from harm, which is assessed on the circumstances.

The age of seven matches the Penal Code offence of leaving a child in a vehicle, which applies to children under seven left for more than five minutes without a person aged fourteen or older.

"Motor vehicle" means a vehicle that is self-propelled or a trailer or semitrailer designed for use with a self-propelled vehicle.

The problem the chapter addresses is well known. A vehicle in Texas summer heat becomes lethal within minutes, and a bystander who sees a child inside faces a choice between watching and committing criminal mischief.

The chapter removes the civil half of that risk.