BILL ANALYSIS



C.S.H.B. 2085
By: Turner, Bob
5-1-95
Committee Report (Substituted)


BACKGROUND

Section 75.001-75.004, Civil Practices and Remedies Code, provides
for limited liability of owners, lessees, or occupants of
agricultural lands or real property when permission is granted to
another to enter the premises for recreation.  The owner, lessee,
or occupant does not incur liability for any injury to any
individual if there is no charge for entry or if charges for entry,
collected in the previous calendar year, for all recreational uses
are not more than twice the ad valorem taxes on the property.

PURPOSE

The bill would limit private landowner liability to monetary
damages not to exceed $500,000 for each person and one million
dollar ($1,000,000) for each single occurrence of bodily injury or
death and $100,000 for each single occurrence for injury to or
destruction of property when liability insurance for these amounts
are in effect. The bill further provides that governmental entities
will be treated as a landowner under this chapter as prior to
Dallas v. Mitchell (Dec. 8 1993).

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION-BY-SECTION

     SECTION 1.  Amends Section 75.001, Civil Practices and
Remedies Code, by adding subdivision (4) defining the term
"governmental unit" the same as it is in Section 101.001, Civil
Practices and Remedies Code.

     SECTION 2.     Amends Section 75.003, Civil Practices and
Remedies Code, as follows:

     Subsection (c) adds an exception for a governmental entity
from the applications of this subsection since it applies only to
an owner, lessee, or occupant of real property who:
     (1) does not charge for entry to the premises;
     (2) charges no more than twice the ad valorem taxes for
     recreation; or
     (3) has liability insurance coverage in effect on an act or
     omission described by Section 75.004 (a) and in the amounts
     equal to or greater than those provided by that action.

     Subsection (e) states that, except as otherwise provided, this
chapter applies to a governmental unit.

     Subsection (f) states that this chapter does not waive
sovereign immunity.

     Subsection (g) states that Chapter 75 limits the liability of
a governmental unit, if the governmental unit is liable under
Chapter 101, Civil Practices and Remedies Code.

     SECTION 3.     Amends Chapter 75, Civil Practices and Remedies
Code, by adding Section 75.004 as follows.

     Sect. 75.004(a) limits private landowner liability to monetary
damages not to exceed $500,000 for each person and one million
dollars ($1,000,000) for each single occurrence of bodily injury or
death and $100,000 for each single occurrence for injury to or
destruction of property.

     (b)  This section applies only when the private landowner has
liability insurance coverage in effect for the amounts specified in
(a).

     (c) This section does not affect the liability in an action
under Article 21.21, Insurance Code, for bad faith conduct, breach
of fiduciary duty, or negligent failure to settle a claim.

     (d) States that governmental units are exempt under this
section.

     SECTION 4.     Amends Subchapter C, Chapter 101, Civil
Practices and Remedies Code, by adding Section 101.058 which
provides that Chapter 75 controls for liability limits for
governmental units.

     SECTION 5.     Applies only to a cause of action on or  after
the effective date of the act.

     SECTION 6.     Emergency Clause - Effective immediately.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute, in SECTION 2, added Subsection (c)(3) to specify
that this chapter applies to a landowner who has liability
insurance coverage in effect on an act or omission described by
Section 75.004(a) and in amounts equal to or greater than those
provided by that section.

The substitute, in SECTION 3, deletes in Subsection (a) "the
condition of" to ensure that the act or omission occurred on the
premises.

SUMMARY OF COMMITTEE ACTION

H.B. 2085 was considered by the Committee on Civil Practices in a
public hearing on April 12, 1995. The following individuals
testified in support of the bill: Arthur W. Nagel, representing
himself and the Riverside and Landowners Protection Coalition,
Inc.; Ted Lee Eubanks, representing himself and the National
Audubon Society; Deborah Slator Gillan, representing herself and
the Landowners Advisory Committee of the Texas Parks and Wildlife
Department; and John W. Cliburn, representing himself and the
Private Land Advisory Board of the Texas Parks and Wildlife
Department. The following individual testified in opposition to the
bill: Mike Slack, attorney, representing himself and the Texas
Trial Lawyers Association. The bill was left pending. The bill was
considered by the committee on April 26, 1995. The committee
considered a complete committee substitute for the bill. The
substitute was adopted without objection. The bill was reported
favorably, as substituted, with the recommendation that it do pass
and be printed, by a record vote of five ayes, zero nays, zero pnv
and four absent.