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A BILL TO BE ENTITLED
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AN ACT
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relating to landowner liability arising in connection with |
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livestock or agricultural land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
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amended to read as follows: |
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Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER, |
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FEDERAL LAW ENFORCEMENT OFFICER, OR PEACE OFFICER, OR TRESPASSER. |
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(a) In this Section: |
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(1) "Federal law enforcement officer" means a law |
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enforcement officer as defined by 5 U.S.C. Section 8331(20). |
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(2) "Firefighter" means a member of a fire department |
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who performs a function listed in Section 419.021(3)(C), Government |
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Code. |
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(3) "Livestock" has the meaning assigned by Section |
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1.003, Agriculture Code. |
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(4) "Peace officer" has the meaning assigned by |
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Section 1.07, Penal Code, or other state or federal law. |
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(5) "Trespasser" has the meaning defined by Section |
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75.007(a), Civil Practice and Remedies Code. |
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(b) A landowner or lessee is not liable for damages arising |
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from any incident or accident caused byinvolving livestock of the |
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landowner or lessee due to: |
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(1) An act or omission of a firefighter or a peace |
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officer who has entered the landowner's property with or without |
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the permission of the landowner, regardless of whether the damage |
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occurs on the landowner's property; |
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(2) An act or omission by a trespasser who enters the |
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landowner’s property or third party that damages the fence on the |
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property, whether by vehicle or otherwise; or |
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(3) Due to wildlife, acts of God or by other causes |
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beyond the control of the landowner. |
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(c) An owner, lessee, or occupant of agricultural land is |
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not liable for any damage or injury to any person or property, |
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regardless of whether the damage or injury occurs on the |
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agricultural land, that arises from: |
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(1) the actions of a peace officer or federal law |
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enforcement officer when the officer enters or causes another |
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person to enter the agricultural land with or without the |
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permission of the owner, lessee, or occupant; |
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(2) by a trespasser who enters the landowner’s |
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property or third party who damages the fence on the property, |
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whether by vehicle or otherwise; or |
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(3) due to wildlife, acts of God or by other causes |
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beyond the control of the landowner. |
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(d) The owner, lessee, or occupant of agricultural land is |
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not liable for any damage or injury to any person or property that |
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arises from the actions of an individual who, because of the actions |
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of a peace officer or federal law enforcement officer, the actions |
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of a trespasser who enters the landowner’s property or third party |
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who damages the fence on the property, whether by vehicle or |
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otherwise, or due to wildlife, acts of God or other causes beyond |
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the control of the landowner, enters or causes another person to |
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enter the agricultural land without the permission of the owner, |
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lessee, or occupant. |
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(e) This section does not limit the liability of an owner, |
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lessee, or occupant of agricultural land for any damage or injury |
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that arises from a wilful or wanton act or gross negligence by the |
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owner, lessee, or occupant. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |