By:  Leedom                                            S.B. No. 794
       73R5188 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability for damages arising from the maintenance or
    1-3  use of certain parking areas and pedestrian pathways.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 88 to read as follows:
    1-7          CHAPTER 88.  PARKING AREAS AND PEDESTRIAN PATHWAYS
    1-8        Sec. 88.001.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Economic damages" means damages for pecuniary
   1-10  loss, including damages for loss of or damage to property and
   1-11  damages for lost wages, loss of earning capacity, expenses for
   1-12  medical care, and burial expenses.
   1-13              (2)  "Exemplary damages" has the meaning assigned by
   1-14  Section 41.001.
   1-15              (3)  "Noneconomic damages" means damages for loss other
   1-16  than pecuniary loss, including pain and suffering and mental
   1-17  anguish.
   1-18              (4)  "Parking area" means property provided free of
   1-19  charge for the parking of vehicles.
   1-20              (5)  "Pedestrian pathway" means any area, including a
   1-21  parking area or sidewalk, provided free of charge for pedestrian
   1-22  use.
   1-23        Sec. 88.002.  LIABILITY.  A person who operates, leases,
   1-24  owns, or controls, or assumes the control, in whole or in part of a
    2-1  parking area or pedestrian pathway is liable for damages for
    2-2  personal injury, death, or property damage arising from the
    2-3  maintenance or use of the area or pathway only if the damages were
    2-4  proximately caused by the person's negligence or gross negligence.
    2-5        Sec. 88.003.  ECONOMIC DAMAGES ONLY.  A person liable under
    2-6  Section 88.002 is liable only for economic damages and is not
    2-7  liable for noneconomic or exemplary damages.
    2-8        Sec. 88.004.  EXCEPTION; INTENTIONAL ACT.  This chapter does
    2-9  not apply to damages arising from an intentional act of a person
   2-10  who operates, leases, owns, or controls a part of a parking area or
   2-11  pedestrian pathway.
   2-12        Sec. 88.005.  SOVEREIGN IMMUNITY NOT WAIVED.  This chapter
   2-13  does not waive the sovereign immunity of a governmental entity to
   2-14  an extent greater than that provided for under Chapter 101.
   2-15        SECTION 2.  This Act takes effect September 1, 1993, and
   2-16  applies only to a cause of action that accrues on or after that
   2-17  date.  An action that accrued before the effective date of this Act
   2-18  is governed by the law in effect at the time the action accrued,
   2-19  and that law is continued in effect for that purpose.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.