BILL ANALYSIS

Senate Research Center	S.B. 815
88R4248 SCL-F	By: Springer
	State Affairs
	4/14/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

As proposed, S.B. 815 amends current law relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 75.006, Civil Practices and Remedies Code, as follows:

Sec. 75.006. New heading: CERTAIN LIABILITY IN CONNECTION WITH LIVESTOCK OR AGRICULTURAL LAND. (a) Defines "trespasser."

(b) Provides that a landowner or lessee is not liable for damages arising from an incident or accident involving livestock of the landowner or lessee, regardless of whether the damage occurs on the landowner's or lessee's property, due to:

(1) an act or omission of a firefighter or a peace officer who has entered the landowner's or lessee's property with or without the permission of the landowner or lessee;

(2) an act or omission of a trespasser who enters the landowner's or lessee's property;

(3) an act or omission of a third party who damages a fence on the landowner's or lessee's property, including damage caused by a vehicle or other means; or

(4) wildlife, an act of God, or another cause beyond the control of the owner or lessee.

Deletes existing text providing that a landowner is not liable for damages arising from an incident or accident caused by livestock of the landowner due to an act or omission of a firefighter or a peace officer who has entered the landowner's property with or without the permission of the landowner, regardless of whether the damage occurs on the landowner's property.

(c) Provides that an owner, lessee, or occupant of agricultural land is not liable for any damage or injury to any person or property, regardless of whether the damage or injury occurs on the land, that arises from:

(1) creates this subdivision from existing text and makes a nonsubstantive change;

(2) the actions of a trespasser who enters the land;

(3) the actions of a third party who damages a fence on the land, including damage caused by a vehicle or other means; or

(4) wildlife, an act of God, or another cause beyond the control of the owner, lessee, or occupant.

(d) Provides that the owner, lessee, or occupant of agricultural land is not liable for any damage or injury to any person or property that arises from the actions of an individual who enters or causes another person to enter the agricultural land without the permission of the owner, lessee, or occupant because of:

(1) the actions of a peace officer or federal law enforcement officer;

(2) the actions of a trespasser who enters the land;

(3) the actions of a third party who damages a fence on the land, including damage caused by a vehicle or other means; or

(4) wildlife, an act of God, or another cause beyond the control of the owner, lessee, or occupant.

Makes a nonsubstantive change to this subsection.

(e) Creates this subsection from existing text. Makes no changes to this subsection.

SECTION 2. Makes application of Section 75.006, Civil Practice and Remedies Code, as amended by this Act, prospective.

SECTION 3. Effective date: September 1, 2023.